Prosecution Insights
Last updated: July 17, 2026
Application No. 18/179,625

IMAGE CAPTURING APPARATUS, METHOD OF CONTROLLING IMAGE CAPTURING APPARATUS, AND STORAGE MEDIUM

Final Rejection §103
Filed
Mar 07, 2023
Priority
Mar 15, 2022 — JP 2022-040734
Examiner
YILMAKASSAYE, SURAFEL
Art Unit
2639
Tech Center
2600 — Communications
Assignee
Canon Inc.
OA Round
4 (Final)
57%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
25 granted / 44 resolved
-5.2% vs TC avg
Strong +33% interview lift
Without
With
+33.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
15 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§103
88.2%
+48.2% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 44 resolved cases

Office Action

§103
Detailed Action Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Acknowledgements 2. Applicant’s arguments/remarks, filed on 11/24/2025, are acknowledged. Amended claims 1, 3, 8, and 10-11 and cancelled claim 2 are acknowledged. Claims 1, 3-5, and 8-11 remain pending and have been examined. Response to Arguments 3. Applicant's arguments have been fully considered but they are not persuasive. Applicant argues/remarks (pg. 8; lines 18-22) that Morita does not teach or suggest the linked image capturing and “an image captured in linkage with another image is also prioritized for transmission”. In the office action, dated 08/27/2025, Stavely is relied on for teaching linked image capturing. However, Morita teaches a transfer management list in which a plurality of transfer target images are added to a transfer management list. Further, Morita, in [0043], teaches priority transfer target that may be performed in a preferred transfer process at image playback. 4. Further, the Applicant argues/remarks (pg. 9; 7-15) lines Stavely also fails to teach “in accordance with an instruction to change a transmission order of a first image having been received by the operation member the control unit performs control to prioritize transmission of the first image to the communication apparatus (…wherein Morita, in [0043], teaches priority transfer target that may be performed in a preferred transfer process at image playback…) (2) identifies, based on the linked image capturing information associated with the first image, a second imaqe captured in linkage with the first imaqe and the other imaqe capturing apparatus that captured the second image (…wherein Stavely, in [0030], teaches cameras 10 linked together forming a family 4 so to share images. Further, Stavely teaches, in [0035], the group camera 10, wherein one camera may have command over other cameras of the group in which a cooperation to capture a series of images is performed…) and controls to transmit a priority instruction to the identified other imaqe capturinq apparatus for prioritizing transmission of the linked second image to the communication apparatus (…wherein Morita, in [0043], teaches priority transfer target that may be performed in a preferred transfer process at image playback; Stavely teaches the ability to command a group of cameras to capture in a synchronized manner and further have the ability to either push or pull (transfer images) between appliances; wherein one camera may have command over other cameras. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a camera system as taught by Morita can be implemented in a camera system as taught by Stavely, wherein functions of priority setting to send images, as taught by Morita, is implementable in a network of cameras wherein one camera may have command to implement a particular order of sending images, as taught by Stavely, thereby enhancing the ability to produce panoramic photos…). Information Disclosure Statement 5. The information disclosure statement (IDS) submitted on 01/13/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 6. 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 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. 7. Claims 1, 3-5, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Morita (JP 2018137725 A) in view of Morita et al. (US 2005/0179942 A1). 8. Regarding claim 1, teaches an image capturing apparatus (…Morita teaches an imaging apparatus 100; [0013]…), comprising: an operation member (…[0018] teaches operation unit 108…) configured to receive an operation by a user (…wherein operation unit 108 accepts user input; [0018]…); one or more processors (…[0013] teaches CPU 101…); and a memory storing instructions (…[0016] teaches nonvolatile memory 106 wherein programs and the like for operation of CPU 101 are recorded…) which, when the instructions are executed by the one or more processors, cause the image capturing apparatus to function as: a communication unit (…wherein [0021] teaches that imaging apparatus 110 can exchange data via communication unit 110…) configured to communicate with a communication apparatus and a plurality of external image capturing apparatuses (…wherein unit 110 is used to exchange data with an external unit 200 by imaging apparatus 100; [0021] (…see reference below by Stavely with regards to a network of camera apparatuses…)); and a control unit configured to perform control to transmit a plurality of captured images by the imaqe capturinq apparatus (…wherein [0021] teaches control unit 101 which transmits image data of an imaging unit 103 to external device 200 via communication unit 110…) in a predetermined order to the communication apparatus via the communication unit (…wherein Morita teaches a transfer management list in which a plurality of transfer target images are added to a transfer management list…), wherein in a case where performing linked image capturing with the image capturinq apparatus and another imaqe capturinq apparatus, the control unit associates linked imaqe capturinq information with an imaqe captured in the linked imaqe capturinq by the imaqe capturinq apparatus (…wherein Morita, in [0038], teaches an image file 400 which may contain different images (which are viewed as being linked); each image having its own image related information. Morita doesn’t specify additional capturing apparatus wherein images are linked together. However, Stavely teaches a family 4 of a collection of two or more imaging appliances 2 that are linked together to dynamically share data, command and control; [0026]. Stavely further, in [0030], teaches that cameras are linked together wherein members of family 4 share images with a central repository according to a pre-configured arrangement. …), and wherein during transmission of the plurality of the images in the predetermined order, in accordance with an instruction to change a transmission order of a first image having been received by the operation member (…wherein Morita, in [0043], teaches priority transfer target that may be performed in a preferred transfer process at image playback…), the control unit (1) performs control to prioritize transmission of the first image to the communication apparatus (…as taught by Morita in [0044], for example, a priority transfer target is performed in which a transfer target image 500 is set as a priority transfer target…) and (2) identifies, based on the linked image capturing information associated with the first imaqe, a second imaqe captured in linkage with the first imaqe and the other imaqe capturing apparatus that captured the second imaqe (…wherein Stavely, in [0030] teaches cameras 10 linked together forming a family 4 so to share images. Further, Stavely teaches, in [0035], the group camera 10, wherein one camera may have command over other cameras of the group in which a cooperation to capture a series of images is performed; [0037] further teaching command controls to transfer an image (pushing or pulling) between appliances…), and controls to transmit a priority instruction to the identified other imaqe capturinq apparatus for prioritizing transmission of the linked second image to the communication apparatus (…wherein Morita, in [0043], teaches priority transfer target that may be performed in a preferred transfer process at image playback; Stavely teaches the ability to command a group of cameras to capture in a synchronized manner and further have the ability to either push or pull (transfer images) between appliances; wherein one camera may have command over other cameras. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a camera system as taught by Morita can be implemented in a camera system as taught by Stavely, wherein functions of priority setting to send images, as taught by Morita, is implementable in a network of cameras wherein one camera may have command to implement a particular order of sending images, as taught by Stavely, thereby enhancing the ability to produce panoramic photos…). 9. Regarding claim 3, Morita in view of Stavely teaches the image capturing apparatus according to claim 2 (see claim 2 above), wherein the control unit, in accordance with an instruction to capture an image having been received from a user by the operation member, performs control so as to capture an image and performs control such that an image is captured by the first or second image capturing apparatus in linkage with that image (…wherein Morita, in [0021], states control unit 101 can transmit image data generated by an imaging unit 103 to the external device 200 via the communication unit 110; Stavely, further, in [0035] teaches that one of the cameras 10 may command other cameras 10 to fire simultaneously, so that all cameras 10 within a family cooperate to capture a series of images. Stavely, further, teaches the first and second image capturing devices with respect to imaging appliances 10 and 12 (e.g.), as depicted in figure 1. Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention that interlinked cameras can be used in a network as taught by the method of Stavely, in the apparatus taught by Morita, so that a user or multiple users can coordinate to command a camera of the network to capture an image, in accordance with a purpose that may benefit from such functionality (e.g., for an observational purpose…). 10. Regarding claim 4, Morita in view of Stavely teaches the image capturing apparatus according to claim 3 (see claim 3 above), wherein, the control unit, in accordance with the image capturing instruction having been received, captures an image in the image capturing apparatus and makes the captured image a target of transmission to the communication apparatus (…Morita in [0021] states control unit 101 can transmit image data generated by an imaging unit 103 to the external device 200 via the communication unit 110…). 11. Regarding claim 5, Morita in view of Stavely teaches the image capturing apparatus according to claim 3 (see claim 3 above), wherein, the control unit, in accordance with the image capturing instruction having been received, performs control to capture an image in the image capturing apparatus and transmit an image capturing instruction to the first or second image capturing apparatus (…wherein Stavely teaches in [0035] that attributes may also specify certain configurations, such as whether a camera 10 should broadcast every captured image or send the images to a particular imaging appliance 2, further, whether an imaging appliance 2 is a master with respect to certain command and control operations and further one of the cameras 10 may command other cameras 10 to fire simultaneously, so that all cameras 10 within a family cooperate to capture a series of images. Stavely, further, teaches the first and second image capturing devices with respect to imaging appliances 10 and 12 (e.g.), as depicted in figure 1. Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention that the method of linking a network of imaging appliances as taught by Stavely can be implemented according the apparatus taught by Morita, thus to simultaneously control several functions of image capturing from one location…). 12. Regarding claim 8, Morita in view of Stavely teaches the image capturing apparatus according to claim 1 (see claim 1 above), wherein, the control unit, in accordance with a transfer list in which an order for transmitting captured images is determined, performs control to transmit the plurality of images to the communication apparatus in the predetermined order (…wherein Morita in [0021] states that control unit 101 can transmit image data generated by an imaging unit 103 to the external device 200 via the communication unit 110; wherein as stated in [0041] In a transfer processing of a reproduced image or a photographed image, transfer target images are transferred in an order registered in a transfer management list…), and the control unit, in accordance with an instruction to change the transmission order of the first image having been received by the operation member, changes the transfer list such that transmission of the first image to the communication apparatus is prioritized (…Morita in [0041] teaches that images on a list to be transferred or images not on the list to be transferred can be preferentially brought to the front of the transfer list, thus as further taught in [0044], image can be prioritized to be sent by an operation the user interacts with control operations of the imaging apparatus 100…). 13. Regarding claim 9, Morita in view of Stavely teaches the image capturing apparatus according to claim 8 (see claim 8 above), wherein, the transfer list includes at least one of image identification information, information indicating that the image was captured in linkage with another image capturing apparatus, identification information of an image capturing apparatus that performed image capture in linkage with the image, a release count when the image was captured, and a time when the image was captured (…Morita in [0038] teaches reference numeral 400 denoting an image of an image file recorded on a recording medium 111. According Fig. 4, it is assumed that there are three file names IMG - 0001, IMG - 0002, and IMG - 0003 as image related information of the image file 400 recorded on the recording medium 111. The control unit, given an instruction, 101 adds the file name (IMG - 0001) as the image related information of the image to be transferred to a transfer management list 401; further, the transfer target image is sequentially added, as shown in Fig. 4 (404). Then, the transfer status is updated each time the transfer target image is transferred from the transfer waiting state to the transfer state, and every time the transfer is completed. Because the transfer status is updated for each element of the transferring processes, in a broad sense of interpretation this may correspond to a release count. Herein, at least one of the elements included in the transfer list, as limited in the instant claim has been described in the cited prior art by Morita…). 14. Regarding claim 10, claim 10 is rejected for reasons related to claim 1. 15. Regarding claim 11, claim 11 is rejected for reasons related to claim 1. Conclusion 16. THIS ACTION IS MADE FINAL. 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 SURAFEL YILMAKASSAYE whose telephone number is (703)756-1910. The examiner can normally be reached Monday-Friday 8:30am-5:00pm. 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, TWYLER HASKINS can be reached at (571)272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SURAFEL YILMAKASSAYE/Examiner, Art Unit 2639 /TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
Read full office action

Prosecution Timeline

Show 2 earlier events
Jan 07, 2025
Response Filed
Apr 15, 2025
Final Rejection mailed — §103
Jun 12, 2025
Response after Non-Final Action
Jul 31, 2025
Request for Continued Examination
Aug 01, 2025
Response after Non-Final Action
Aug 27, 2025
Non-Final Rejection mailed — §103
Nov 24, 2025
Response Filed
Apr 02, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
57%
Grant Probability
90%
With Interview (+33.0%)
2y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 44 resolved cases by this examiner. Grant probability derived from career allowance rate.

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