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
This communication is responsive to the Amendment filed on 8/5/2026.
In the Instant Amendment, Claim(s) 1, 13 and 22 has/have been amended; Claim(s) 10-12 was/were cancelled; Claim(s) 23 has/have been added; Claim(s) 1, 13 and 22 is/are independent claims. Claims 1-9 and 13-23 have been examined and are pending in this application.
Response to Arguments
Applicant's arguments filed 8/5/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 13 and 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
(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) 1-3, 7, 13-15, 19 and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al (US 20200329188 A1).
Regarding claim 1, Huang teaches A method (Figs. 9-14) for capturing an image during video recording, the method comprising:
receiving, by an electronic device, a first operation of a user, wherein the first operation is used to trigger the electronic device to start recording a video (para. 0159; “a camera application is turned on by users' operation”);
collecting, by a camera of the electronic device, a first image in response to the first operation, and displaying, by the electronic device, a first screen, wherein the first screen is a viewfinder screen on which the electronic device is recording a video, the first screen comprises a preview image obtained based on the first image, the first screen further comprises a snapshot shutter, and the snapshot shutter is configured to trigger the electronic device to capture an image to obtain a photo (para. 0161: “stores the unpacked first RAW image and second RAW image into the third image buffer queue”; para. 0164: “synthesizes the first RAW image and the second RAW image so as to obtain the HDR RAW image with a high dynamic range, and then converts the HDR RAW image to the YUV image”; para. 0165: “The YUV image obtained in the electronic device can be displayed in a preview interface of a camera application”; para. 0173: “the photographing button of the camera application is pressed when a YUV image is previewed by users,”);
buffering, by the electronic device in a first buffer queue, the first image collected by the camera, wherein n frames of first images collected by the camera are buffered in the first buffer queue, n>=1, and n is an integer (Fig. 10; para. 0174);
selecting, by the electronic device based on additional information of the first image in response to a second operation performed by the user on the snapshot shutter, a second image from the n frames of first images buffered in the first buffer queue, wherein the additional information of the first image comprises at least one of contrast of the first image, an angular velocity at which the camera collects the first image, or a timestamp of the first image (Figs. 9-10; paras. 0174-0176; in response to the photographing button is pressed, selecting most recent RAW images [short exposure RAW image S8 and long exposure RAW images L5-L8] stored in the buffer [among RAW images L1-L8 and S1-S8] for combining them into an HDR RAW image based on closest capture timings or closest timestamps of the stored images); and
running, by the electronic device, a preset RAW domain image processing algorithm by using m frames of first images that are in the n frames of first images and that comprise the second image as an input to obtain a third image, and encoding the third image to generate a captured photo, wherein m>=1, m is an integer, and the preset RAW domain image processing algorithm has a function of improving image quality (Figs. 9-10; paras. 0174-0176, 0180-0181, 0189);
wherein running the preset RAW domain image processing algorithm comprises performing long-short frame fusion in a high dynamic range scenario, the m frames and long and short frames are used as the input for the long-short frame fusion, and the long and short frames comprise a long-exposure long frame and a short-exposure short frame (Figs. 9-10; paras. 0174-0176, 0180-0181; in response to the photographing button is pressed, selecting most recent RAW images [short exposure RAW image S8 and long exposure RAW images L5-L8] stored in the buffer [among RAW images L1-L8 and S1-S8] for combining them into an HDR RAW image based on a most recent capture time [timestamp] of the stored images).
Regarding claim 2, Huang teaches the method according to claim 1, wherein n>=2 (Fig. 10; para. 0174).
Regarding claim 3, Huang teaches the method according to claim 1, wherein m>=2 (Figs. 9-10; paras. 0174-0176, 0180-0181).
Regarding claim 7, Huang teaches the method according to claim 1, wherein the m frames of first images are adjacent m frames of images (Figs. 9-10; paras. 0174-0176, 0180-0181).
Regarding claim 13, claim 13 reciting features corresponding to claim 1 is also rejected for the same reasons above. In addition, Huang teaches An electronic device (Figs. 12-14; para. 0222; smartphone), comprising:
a touchscreen (804);
a memory (802);
a camera (801);
a display (Fig. 14); and
one or more processors, wherein the touchscreen, the memory, the camera, and the display are coupled to the processor, the memory stores computer program code, the computer program code comprises computer instructions, and when the computer instructions are executed by the processor (Figs. 12-14; paras. 0243-0246), the electronic device is enabled to perform the following steps: (corresponding features as presented in claim 1).
Regarding claims 14-15 and 19, claims 14-15 and 19 reciting features corresponding to claims 2-3 and 7 are also rejected for the same reasons above, respectively.
Regarding claim 22, claim 22 reciting features corresponding to claim 1 is also rejected for the same reasons above. In addition, Huang teaches A non-transitory computer-readable storage medium storing computer instructions, wherein when the computer instructions are run on an electronic device (Figs. 12-14; paras. 0243-0246), the electronic device is enabled to perform the following steps: (corresponding features as presented in claim 1).
Regarding claim 23, claim 23 reciting features corresponding to claim 2 is also rejected for the same reason above.
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) 1-3, 7, 13-15, 19 and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 20200329188 A1) in view of Gandhi et al (US 20200221008 A1).
Regarding claim 1, in the alternative, Huang teaches A method (Figs. 9-14) for capturing an image during video recording, the method comprising:
receiving, by an electronic device, a first operation of a user, wherein the first operation is used to trigger the electronic device to start recording a video (para. 0159; “a camera application is turned on by users' operation”);
collecting, by a camera of the electronic device, a first image in response to the first operation, and displaying, by the electronic device, a first screen, wherein the first screen is a viewfinder screen on which the electronic device is recording a video, the first screen comprises a preview image obtained based on the first image, the first screen further comprises a snapshot shutter, and the snapshot shutter is configured to trigger the electronic device to capture an image to obtain a photo (para. 0161: “stores the unpacked first RAW image and second RAW image into the third image buffer queue”; para. 0164: “synthesizes the first RAW image and the second RAW image so as to obtain the HDR RAW image with a high dynamic range, and then converts the HDR RAW image to the YUV image”; para. 0165: “The YUV image obtained in the electronic device can be displayed in a preview interface of a camera application”; para. 0173: “the photographing button of the camera application is pressed when a YUV image is previewed by users,”);
buffering, by the electronic device in a first buffer queue, the first image collected by the camera, wherein n frames of first images collected by the camera are buffered in the first buffer queue, n>=1, and n is an integer (Fig. 10; para. 0174);
selecting, by the electronic device based on
running, by the electronic device, a preset RAW domain image processing algorithm by using m frames of first images that are in the n frames of first images and that comprise the second image as an input to obtain a third image, and encoding the third image to generate a captured photo, wherein m>=1, m is an integer, and the preset RAW domain image processing algorithm has a function of improving image quality (Figs. 9-10; paras. 0174-0176, 0180-0181, 0189);
wherein running the preset RAW domain image processing algorithm comprises performing long-short frame fusion in a high dynamic range scenario, the m frames and long and short frames are used as the input for the long-short frame fusion, and the long and short frames comprise a long-exposure long frame and a short-exposure short frame (Figs. 9-10; paras. 0174-0176, 0180-0181; in response to the photographing button is pressed, selecting most recent RAW images [short exposure RAW image S8 and long exposure RAW images L5-L8] stored in the buffer [among RAW images L1-L8 and S1-S8] for combining them into an HDR RAW image based on a most recent capture time [timestamp] of the stored images),
but does not expressly teach
selecting, by the electronic device based on additional information of the first image in response to a second operation performed by the user on the snapshot shutter, a second image from the n frames of first images buffered in the first buffer queue, wherein the additional information of the first image comprises
However, in the same field of endeavor Gandhi teaches
selecting, by the electronic device based on additional information of the first image in response to a second operation performed by the user on the snapshot shutter, a second image from the n frames of first images buffered in the first buffer queue, wherein the additional information of the first image comprises
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 Gandhi in Huang to have selecting, by the electronic device based on additional information of the first image in response to a second operation performed by the user on the snapshot shutter, a second image from the n frames of first images buffered in the first buffer queue, wherein the additional information of the first image comprises
Regarding claim 2, the combination of Huang and Gandhi teaches everything as claimed in claim 1. In addition, Huang teaches wherein n>=2 (Fig. 10; para. 0174).
Regarding claim 3, the combination of Huang and Gandhi teaches everything as claimed in claim 1. In addition, Huang teaches wherein m>=2 (Figs. 9-10; paras. 0174-0176, 0180-0181).
Regarding claim 7, the combination of Huang and Gandhi teaches everything as claimed in claim 1. In addition, Huang teaches wherein the m frames of first images are adjacent m frames of images (Figs. 9-10; paras. 0174-0176, 0180-0181).
Regarding claim 13, claim 13 reciting features corresponding to claim 1 is also rejected for the same reasons above. In addition, Huang teaches An electronic device (Figs. 12-14; para. 0222; smartphone), comprising:
a touchscreen (804);
a memory (802);
a camera (801);
a display (Fig. 14); and
one or more processors, wherein the touchscreen, the memory, the camera, and the display are coupled to the processor, the memory stores computer program code, the computer program code comprises computer instructions, and when the computer instructions are executed by the processor (Figs. 12-14; paras. 0243-0246), the electronic device is enabled to perform the following steps: (corresponding features as presented in claim 1).
Regarding claims 14-15 and 19, claims 14-15 and 19 reciting features corresponding to claims 2-3 and 7 are also rejected for the same reasons above, respectively.
Regarding claim 22, claim 22 reciting features corresponding to claim 1 is also rejected for the same reasons above. In addition, Huang teaches A non-transitory computer-readable storage medium storing computer instructions, wherein when the computer instructions are run on an electronic device (Figs. 12-14; paras. 0243-0246), the electronic device is enabled to perform the following steps: (corresponding features as presented in claim 1).
Regarding claim 23, claim 23 reciting features corresponding to claim 2 is also rejected for the same reason above.
Claim(s) 4-5 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 20200329188 A1) in views of Zivkovic (US 20190045142 A1).
Regarding claims 4-5, Huang teaches everything as claimed in claim 1, but fails to teach
Claim 4: The method according to claim 1, wherein the additional information of the first image comprises the contrast of the first image, and the contrast of the first image is used to represent a definition of the first image; and wherein the second image is an image from the n frames of first images with highest contrast among the n frames of first images buffered in the first buffer queue.
Claim 5: The method according to claim 1, wherein the additional information of the first image comprises the angular velocity at which the camera collects the first image, and the angular velocity is used to represent a jitter situation when the camera collects the first image; and wherein the second image is an image from the n frames of first images with a minimum angular velocity in the n frames of first images buffered in the first buffer queue.
However, in the same field of endeavor Zivkovic teaches
Claim 4: The method according to claim 1, wherein the additional information of the first image comprises the contrast of the first image, and the contrast of the first image is used to represent a definition of the first image; and wherein the second image is an image from the n frames of first images with highest contrast among the n frames of first images buffered in the first buffer queue (Figs. 2, 11; para. 0031: “Although illustrated with respect to all of burst frames 111 being attained after shutter press time 201, in some embodiments, one or more of burst frames 111 may be attained before shutter press time 201. For example, in some systems, frames before the shutter button release moment (e.g., shutter press time 201) may be present in memory and such frame(s) may be used as one or more of burst frames 111”; para. 0087: “Processing continues at operation 1104, where at least portions of at least a subset of the multiple frames are combined using the selected key frame to generate a resultant burst image processed frame. The portions or entireties of the subset or all of the multiple frames may be combined using any suitable technique or techniques such that the selected key frame is used as a key frame in the processing”; Fig. 3; paras. 0027, 0069-0072; select key frame 205 based on a measure of image contrast of burst frames 111).
Claim 5: The method according to claim 1, wherein the additional information of the first image comprises the angular velocity at which the camera collects the first image, and the angular velocity is used to represent a jitter situation when the camera collects the first image; and wherein the second image is an image from the n frames of first images with a minimum angular velocity in the n frames of first images buffered in the first buffer queue (Fig. 3; paras. 0070-0072; select key frame 205 based on an inverse of system motion or shake (as detected by a gyroscope) of burst frames 111).
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 Zivkovic in Huang to have features of claims 4-5 for generating a final combined image with improved image quality and dynamic range with considerations of shutter lag and image qualities yielding a predicted result.
Claim(s) 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 20200329188 A1) in view of Gandhi et al (US 20200221008 A1) as applied to claim 1 or 13, and further in view of Baek et al (US 20130222640 A1).
Regarding claim 6, the combination of Huang and Gandhi teaches everything as claimed in claim 1. In addition, Gandhi teaches
wherein the additional information of the first image further comprises the timestamp of the first image, each frame of first image comprises a timestamp, and the timestamp records a time at which an image sensor of the electronic device outputs a corresponding first image (para. 0073);
wherein the second image is an image from the n frames of first images that is in the n frames of first images buffered in the first buffer queue and whose time recorded by the timestamp is closest to a time at which the electronic device receives the second operation (para. 0073: “The preview image of the circular buffer 406 that is associated with the timestamp that is closest to the timestamp of the shutter press event can be used (e.g., selected) as the image captured by the user”).
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 Gandhi in the combination to have those features for utilizing timestamp data of captured images to allow determining accurately which images are the closest to the shutter press event yielding a predicted result.
but the combination fails to teach
wherein a clock of an upper-layer application in the electronic device is synchronized with a clock of the image sensor that records output of the first image, or the clock of the upper-layer application in the electronic device and the clock of the image sensor that records output of the first image are a same system clock.
However, in the same field of endeavor Baek teaches
wherein a clock of an upper-layer application in the electronic device is synchronized with a clock of the image sensor that records output of the first image, or the clock of the upper-layer application in the electronic device and the clock of the image sensor that records output of the first image are a same system clock (Fig. 16; para. 0128-0130).
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 Baek in the combination to have wherein a clock of an upper-layer application in the electronic device is synchronized with a clock of the image sensor that records output of the first image, or the clock of the upper- layer application in the electronic device and the clock of the image sensor that records output of the first image are a same system clock for ensuring utilizing common system clock for timing so that accurate metadata for captured images can be maintained yielding a predicted result.
Regarding claim 18, claim 18 reciting features corresponding to claim 6 is also rejected for the same reason above.
Claim(s) 8-9 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (US 20200329188 A1) in view of Takahashi (US 20230077731 A1).
Regarding claim 9, Huang teaches everything as claimed in claim 1, but fails to teach
wherein after the buffering, by the electronic device in the first buffer queue, the first image collected by the camera, the method further comprises: counting, by the electronic device, the additional information of the first image when reading each frame of first image buffered in the first buffer queue by using an image signal processor (ISP), and writing the additional information of the first image into metadata of the first image.
However, in the same field of endeavor Takahashi teaches
wherein after the buffering (in storage 106), by the electronic device in the first buffer queue, the first image collected by the camera, the method further comprises: counting, by the electronic device, the additional information of the first image when reading each frame of first image buffered in the first buffer queue by using an image signal processor (ISP), and writing the additional information of the first image into metadata of the first image (Fig. 17; paras. 0185-0187).
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 Takahashi in Huang to have wherein after the buffering, by the electronic device in the first buffer queue, the first image collected by the camera, the method further comprises: counting, by the electronic device, the additional information of the first image when reading each frame of first image buffered in the first buffer queue by using an image signal processor (ISP), and writing the additional information of the first image into metadata of the first image for possibly preferentially outputting metadata of the type used in the development processing so that it is possible to suppress the influence on the result of the development processing without outputting all the metadata for each frame data yielding a predicted result.
Regarding claim 8, claim 8 reciting features corresponding to claim 9 is also rejected for the same reason above except for “before the buffering” in claim 8 compared to “after the buffering” claim 9. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to buffer the image later after determining and adding the metadata into the image, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claims 20-21, claims 20-21 reciting features corresponding to claims 8-9 are also rejected for the same reasons above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, 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
