Response to Arguments
Applicant’s arguments with respect to claims 2-11, 13-22, and 24-33 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.
Examiner withdraws the rejection of claims 24-33 under 35 USC 101 Rejection.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 (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.
Claims 2-7, 9-11, 13-18, 20-22, 24-29, 31-33 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hautala (US Patent Pub. # 2012/0198386) in view of Amano (US Patent Pub. # 2005/0183026), further in view of Kim (US Patent Pub. # 2011/0035665) and further in view of Fintel (US Patent Pub. # 2012/0243802).
As to claim 2, Hautala discloses a portable electronic device (terminal 100) comprising:
a camera (camera hardware 206) (Para 31);
a touchscreen (touchscreen 102 and display 202) (Para 28);
memory (Random Access Memory (RAM), 212 and a non-volatile memory 214) (Para 29);
instructions (operating system 216, an integrated camera and gallery application 218) (Para 29); and
processor circuitry (processor 200) to execute the instructions (216 and 218) to (Para 30 and 35):
cause the camera (206) to enter a first mode (218) in response to a first activation (start 218) of the touchscreen (102 and 202), the first activation (218) corresponding to a camera icon (icon from the menu) displayed on the touchscreen (102 and 202), the first mode (start 218) corresponding to at least one of a still image mode or a video mode (live image data) (Para 37 and 39);
cause the touchscreen (102) to display a series of thumbnails (reduced size (small) versions) in a thumbnail area (top edge of display) in response to a second activation (gallery application) of the touchscreen (102 and 202), a first one (first thumbnail image 304) of the series of thumbnails (reduced size (small) versions) to be displayed in a first location (right hand corner) of the thumbnail area (top edge of display) (Para 39-41);
cause the camera (206) to capture at least one of a still image (still images) or a video (video) (Para 49); and
cause the touchscreen (102 and 202) to display (a) an image (screenshot 400) corresponding to the at least one captured still image or video (after a capturing of the live image 302) in response to a third activation at the first location (icon from the menu) of the touchscreen (Para 39 and 44), (b) the first one (first thumbnail image 304) of the series of thumbnails in a second location (top right corner) of the thumbnail area (top edge of display), the second location (306) adjacent to the first location (304), and (c) a second one (second thumbnail image 306) of the series of thumbnails (three and seven images) in the first location (right hand corner) of the thumbnail area (top edge of display), the second one (306) of the series of thumbnails (three and seven images) corresponding to the at least one of the still image or the video (Para 42). Hautala teaches the thumbnail images 304, 306 are displayed in reverse chronological order from left to right in a row at the top edge of the screen. However, the thumbnail images may be displayed along one or more of the left side, right side, top or bottom of the screen. The thumbnail images may be sized so that, for instance, between three and seven images can be seen along any one side of the screen (Para 42). Examiner analyzes this to mean the thumbnail images may be displayed in a chronological order also.
Hautala teaches a user of the terminal 100 may navigate a menu of the terminal 100 and activate the integrated camera and gallery application 218 by selecting an icon from the menu. Alternatively, or in addition, the user may press a hardware key 104 or the image capture key 106 to activate the integrated camera and gallery application 218. Once activated, the integrated camera and gallery application 218 is configured to begin outputting the live image data captured by camera hardware 206 to the display 202 (Para 39). Hautala does not teach the touchscreen to toggle display the thumbnail area. Amano teaches the touchscreen to toggle display (display button 221) the thumbnail area (thumbnail display area 241) (Para 85 and 86). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided a display button as taught by Amano to the terminal of Hautala, to provide a plurality of contents in different categories into one piece of data and readily refer from the one piece of data to each of the contents combined in the one piece of data by intuitive operation. (Para 7 of Amano).
Hautala teaches a swipe input to display different sequence of images. Hautala in view of Amano do not teach cause the camera to toggle between the first mode or a second mode in response to a swipe activation on the touchscreen, the second mode corresponding to a video mode. Kim teaches cause the camera to toggle between the first mode or a second mode (icons 340 representing various modes) in response to a swipe activation (tap input) on the touchscreen (touch screen), the second mode corresponding to a video mode (general photographing mode, a program photographing mode, a scene mode, and a moving picture mode) (Para 75 and 76). Kim teaches the particular implementations shown and described herein are illustrative examples of the invention and are not intended to otherwise limit the scope of the invention in any way. The connecting lines, or connectors shown in the various figures presented are intended to represent exemplary functional relationships and/or physical or logical couplings between the various elements. It should be noted that many alternative or additional functional relationships, physical connections or logical connections may be present in a practical device. Moreover, no item or component is essential to the practice of the invention unless the element is specifically described as "essential" or "critical" (Para 103). A finding that one of ordinary skill in the art could have substituted one known element for another , and the results of the substitution would have been predictable. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided a tough screen to change the photography mode of the camera as taught by Kim to the terminal of Hautala in view of Amano, to provide a digital image processing apparatus having a touch screen that may be conveniently used by a user, a method of controlling the digital image processing apparatus, and a recording medium storing a program for executing the method (Para 6 of Kim).
Hautala teaches user input hardware 208 functions in addition to the touch sensitive display 102, which also receives user inputs (Para 32). Kim (Fig. 3B) teaches icons 340 representing various modes are displayed as shown in FIG. 3B. For example, the icons 340 may include icons representing a general photographing mode, a program photographing mode, a scene mode, and a moving picture mode (Para 75). Hautala in view of Amano and further in view of Kim do not teach a burst switch from causing the camera to capture single images based on the second icon to causing the camera to capture bursts of images based on the second icon after a sixth activation of the touchscreen, the sixth activation corresponding to a third icon displayed by the touchscreen. Fintel teaches user controls 34 are used to select various camera modes, such as video capture mode, still capture mode, burst image capture mode, and review mode, and to initiate capture of still images, recording of motion images. The user controls 34 are also used to set user processing preferences, and to choose between various photography modes based on scene type and taking conditions. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided a burst image capture mode as taught by Fintel to the terminal of Hautala in view of Amano and further in view of Kim, to provide improved image quality of a final composite image containing moving objects captured in a burst image capture mode (Para 8 of Fintel).
As to claim 3, Hautala teaches wherein one or more of the at least one processor circuit (200) is to render the thumbnail area (top edge of display) along an edge (top edge) of the touchscreen (102 and 202) (Para 42).
As to claim 4, Hautala teaches wherein the first icon is a camera icon (user input hardware 208 functions in addition to the touch sensitive display 102) and the second icon is a shutter icon (image capture software key (not shown) (Para 32, 43, and 49).
As to claim 5, Hautala teaches wherein one or more of the at least one processor circuit (200) is to cause the first one (304) of the series of thumbnails (three and seven images) to be displayed on a right side (top right corner) of the thumbnail area (three and seven images) prior to capture of the second one (306) of the series of thumbnails (three and seven images) (Para 41 and 42).
As to claim 6, Hautala teaches wherein one or more of the at least one processor circuit (200) is to: cause the second one (306) of the series of thumbnails (three and seven images) to be displayed on the right side (top right corner) of the thumbnail area (top edge of display) after the capture of the second one (306) of the series of thumbnails (three and seven images); and cause the first one (304) of the series of thumbnails (three and seven images) to be displayed on the left side of the second one (306) of the series of thumbnails (three and seven images) (Para 42). Hautala teaches the thumbnail images 304, 306 are displayed in reverse chronological order from left to right in a row at the top edge of the screen. However, the thumbnail images may be displayed along one or more of the left side, right side, top or bottom of the screen. The thumbnail images may be sized so that, for instance, between three and seven images can be seen along any one side of the screen (Para 42). Examiner analyzes this to mean the thumbnail images may be displayed in a chronological order also.
As to claim 7, Hautala teaches wherein the first location (right hand corner) of the thumbnail area (top edge of display) is located on a right end (right hand corner) of the thumbnail area (top edge of display) and the second location (306) of the thumbnail area (top edge of display) is located to a left side of the first location (right hand corner) of the thumbnail area (top edge of display) (reverse chronological order) (Para 42).
As to claim 9, Hautala teaches wherein one or more of the at least one processor circuit (200) is to cause the camera (206) to sequentially capture a first burst of still images (capture still images periodically) in response to a seventh activation of the touchscreen after the sixth activation, the seventh activation corresponding to the second icon (shutter button) (Para 74).
As to claim 10, Hautala teaches wherein one or more of the at least one processor circuit (200) is to cause the thumbnail area (top edge of display) to display a number of thumbnail locations (three and seven images) corresponding to a length of the thumbnail area (top edge of display) (Para 42).
As to claim 11, Hautala teaches wherein one or more of the at least one processor circuit (200) is to cause an oldest image (older thumbnail images) to be removed (no longer be displayed) from the thumbnail area (top edge of display) when a new image (newly saved thumbnail image) is added to the thumbnail area (top edge of display) (Para 45).
As to claims 13 and 24, these claims differ from claim 2 only in that the claim 2 is a portable electronic device claim whereas claims 13 and 24 are a portable electronic device claim (claim with functional language) and a machine-readable storage device. Thus claims 13 and 24 are analyzed as previously discussed with respect to claim 2 above.
As to claims 14-18, 20-22, 25-29, and 31-33, these claims differ from claims 3-7 and 9-11 only in that claims 3-7 and 9-11 depend on claim 2 whereas claims 14-18 and 20-22 depend on claim 13 and claims 25-29 and 31-33 depend on claim 24. Thus claims 14-18, 20-22, 25-29, and 31-33 are analyzed as previously discussed with respect to claims 3-7 and 9-11 above.
Claims 35-37 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hautala (US Patent Pub. # 2012/0198386) in view of Amano (US Patent Pub. # 2005/0183026), further in view of Kim (US Patent Pub. # 2011/0035665), further in view of Fintel (US Patent Pub. # 2012/0243802) and further in view of Arai (US Patent Pub. # 2012/0229411).
As to claim 35, note the discussion above in regards to claim 2. Hautala in view of Amano further in view of Kim and further in view of Fintel do not specifically teach wherein one or more of the at least one processor circuit is to cause the touchscreen to display the second icon and the third icon concurrently. Arai teaches wherein one or more of the at least one processor circuit (CPU 23) is to cause the touchscreen (touch panel 16) to display the second icon (REC button 60A) and the third icon (function button 60D is a continuous image capture setting button that is a button for setting the operation of continuous image capture that consecutively records a plurality of still images (for example, on/off, number of images)) concurrently (Para 44, 45, and 103). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided a multiple function buttons displayed as taught by Arai to the terminal of Hautala in view of Amano further in view of Kim, and further in view of Fintel, to improve and make it possible for the individual user to easily find on the display screen the function button for a function that is appropriate to that particular user (Para 8 of Arai).
As to claims 36 and 37, these claims differ from claim 35 only in that claim 35 depends on claim 2 whereas claim 36 depend on claim 13 and claim 37 depends on claim 24. Thus claims 36 and 37 are analyzed as previously discussed with respect to claim 35 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 CHRISTOPHER K PETERSON whose telephone number is (571)270-1704. The examiner can normally be reached Monday-Friday 7AM-4PM.
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 N Tran can be reached on 571-2727564. 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.
/CHRISTOPHER K PETERSON/Primary Examiner, Art Unit 2637 10/7/2025