Prosecution Insights
Last updated: July 17, 2026
Application No. 18/391,801

COMMUNICATION APPARATUS, COMMUNICATION METHOD, AND NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM

Final Rejection §103
Filed
Dec 21, 2023
Priority
Aug 12, 2022 — JP 2022-129011 +1 more
Examiner
JOHNSON, CARLTON
Art Unit
2436
Tech Center
2400 — Computer Networks
Assignee
NEC Corporation
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
1y 11m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
211 granted / 359 resolved
+0.8% vs TC avg
Strong +32% interview lift
Without
With
+31.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 6m
Avg Prosecution
13 currently pending
Career history
385
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
92.2%
+52.2% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 359 resolved cases

Office Action

§103
CTFR 18/391,801 CTFR 82243 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 1. This action is in response to application amendments filed on 1-29-2026. 2. Claims 1 - 4, 6 - 10, 12 - 15, 17 - 19 are pending. Claims 1 - 4, 6, 7, 9, 10, 12 - 15 have been amended. Claims 17 - 19 are new. Claims 5, 11, 16 have been canceled. Claims 1, 7, 12 are independent. This application was filed on 12-21-2023. Response to Arguments 3. Applicant's arguments have been fully considered, however upon further consideration of the prior art and the claimed limitation, they were not persuasive. A. Applicant argues on page 9 of Remarks: ... generating the second image by capturing the user after the user watched the first image using the second terminal ... . The Examiner respectfully disagrees. Sim discloses in a display view a user at a second device viewing the first image. (see Sim paragraph [0005]: synthetic image is then sent to the receiver. synthetic image can be sent to the recipient through the perspective method gaze correction, the gaze corrected image and the second image capture device of a user viewing the first image of the scene are similar.; (first image captured after user is viewing the first image) Sim discloses a first image capture device and a second image capture device. Sim discloses the capture devices can be utilized in any sequence. It would have been obvious to one skilled in the art to capture the second image at any time after the user viewed the first image (display view of a user viewing the first image). (see Sim paragraph [0022]: the first and second image capture device may include various lens, for example, standard (50 mm), wide-angle, fish eye and so on. ... It should be noted, the first image 102 can be obtained in the second image obtained after 106. obtaining the first image 102 and the second image 106 of the sequence is variable.) B. Applicant argues on page 9 of Remarks: ... "generate a second image by capturing the user after the user watched the first image using the second terminal" ... . The Examiner respectfully disagrees. Sim discloses in a display view a user at a second device viewing the first image. (see Sim paragraph [0005]: synthetic image is then sent to the receiver. synthetic image can be sent to the recipient through the perspective method gaze correction, the gaze corrected image and the second image capture device of a user viewing the first image of the scene are similar.; (first image captured after user is viewing the first image) Sim discloses a first image capture device and a second image capture device. Sim discloses the capture devices can be utilized in any sequence. It would have been obvious to one skilled in the art to capture the second image at any time after the user viewed the first image (display view of a user viewing the first image). (see Sim paragraph [0022]: the first and second image capture device may include various lens, for example, standard (50 mm), wide-angle, fish eye and so on. ... It should be noted, the first image 102 can be obtained in the second image obtained after 106. obtaining the first image 102 and the second image 106 of the sequence is variable.) C. Applicant argues on page 10 of Remarks: ... "generate a second image by capturing the user after the user watched the first image using the second terminal" ... . The Examiner respectfully disagrees. Sim discloses in a display view a user at a second device viewing the first image. (see Sim paragraph [0005]: synthetic image is then sent to the receiver. synthetic image can be sent to the recipient through the perspective method gaze correction, the gaze corrected image and the second image capture device of a user viewing the first image of the scene are similar.; (first image captured after user is viewing the first image) Sim discloses a first image capture device and a second image capture device. Sim discloses the capture devices can be utilized in any sequence. It would have been obvious to one skilled in the art to capture the second image at any time after the user viewed the first image (display view of a user viewing the first image). (see Sim paragraph [0022]: the first and second image capture device may include various lens, for example, standard (50 mm), wide-angle, fish eye and so on. ... It should be noted, the first image 102 can be obtained in the second image obtained after 106. obtaining the first image 102 and the second image 106 of the sequence is variable.) D. Applicant argues on page 10 of Remarks: ... It is also requested that the rejection of independent claims 7 and 12 be withdrawn for similar reasons ... . Independent claims 7 and 12 have similar limitations as independent claim 1. Responses to arguments against independent claim 1 also answer arguments against independent claims 7 and 12. E. Applicant argues on page 10 of Remarks: ... the rejection of the dependent claims be withdrawn at least by those claims' dependencies ... . Responses to arguments against the independent claims also answer arguments against the associated dependent claims. F. Applicant argues on page 10 of Remarks: New Claims. The current Office Action addresses the new claims. Claim Rejections - 35 USC § 103 07-20-aia AIA 4. 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. 07-21-aia AIA 5. Claim s 1, 7, 12, 17 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sensharma et al. (US PGPUB No. 20150264567 ) in view of Hayata (US PGPUB No. 20230298294 ) and further in view of Sim et al. (Patent No. CN 101796815 A ) . Regarding Claims 1, 7, 12 , Sensharma discloses a communication apparatus and a communication method by a computer and a non-transitory computer-readable storage medium comprising: a) at least one memory configured to store instructions; and at least one processor configured to execute the instructions (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) to: b) generate a first image by capturing a subject person using a first terminal; (see Sensharma paragraph [0012]: Processing logic performs a facial recognition process (captured images) as part of user authentication to the mobile device (processing block 104). In one embodiment, in response to the user authentication process being initiated, processing logic activates one or more image capture mechanisms, such as digital cameras 454-1 and 454-2 of the mobile device 452 (see FIG. 4), for capturing digital image data. As discussed herein, digital image data may include digital video data as well as still digital video image data. ... The captured image data attempts to capture an image of a face 456-1 of the user 460 seeking authentication to the mobile device.) and c) authenticate the subject person; (see Sensharma paragraph [0015]: Processing logic then determines whether the liveness verification and facial recognition processes were both successfully completed (processing block 108). When either process fails, the authentication process fails, and the user is denied access to the mobile device. However, when both the liveness verification and facial recognition processes are successful, processing logic authenticates the user to the mobile device and grants the authenticated user access to the mobile device (processing block 110).) Sensharma does not specifically disclose for d) transmit the first image to a second terminal used by a user other than the subject person, and for f) transmit the second image to the first terminal. However, Hayata discloses: d) transmit the first image to a second terminal used by a user other than the subject person when the authentication of the subject person is successful; (see Hayata paragraph [0058]: communicating with a terminal device of a first user and a terminal device of a second user different from the first user including a processing unit configured to perform operations; ... transmit information for displaying the first image that is at least partly changed to at least the terminal device of the second user depending on an instruction from the first user; and transmit information for displaying the second image that is at least partly changed to at least the terminal device of the first user depending on an instruction from the second user; (image transferred from a first terminal (second user) to a second terminal (first user)) and f) transmit the second image to the first terminal. (see Hayata paragraph [0058]: communicating with a terminal device of a first user and a terminal device of a second user different from the first user including a processing unit configured to perform operations; ... transmit information for displaying the first image that is at least partly changed to at least the terminal device of the second user depending on an instruction from the first user; and transmit information for displaying the second image that is at least partly changed to at least the terminal device of the first user depending on an instruction from the second user; (image transferred from a second terminal (first user) to a first terminal (second user)) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharma for d) transmit the first image to a second terminal used by a user other than the subject person, and for f) transmit the second image to the first terminal as taught by Hayata. One of ordinary skill in the art would have been motivated to employ the teachings of Hayata for the flexibility of a system that enables the transfer of captured images between two network-connected terminals from among a set of multiple terminals. (see Hayata paragraph [0058]) Sensharma in view of Hayata does not specifically disclose for e) generate a second image by capturing the user after the user watched the first image using a second terminal. However, Sim discloses: e) generate a second image by capturing the user after the user watched the first image using the second terminal. (see Sim paragraph [0005]: synthetic image is then sent to the receiver. synthetic image can be sent to the recipient through the perspective method gaze correction, the gaze corrected image and the second image capture device of a user viewing the first image of the scene ... .) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharma for e) generate a second image by capturing the user after the user watched the first image using a second terminal as taught by Sim. One of ordinary skill in the art would have been motivated to employ the teachings of Sim for the flexibility of a system that enables an image to be captured a second image of a user viewing a first image within a network environment. (see Sim paragraph [0005]) Sim discloses a first image capture device and a second image capture device. Sim discloses the capture devices can be utilized in any sequence. It would have been obvious to one skilled in the art to capture the second image at any time after the user viewed the first image (display view of a user viewing the first image). (see Sim paragraph [0022]: the first and second image capture device may include various lens, for example, standard (50 mm), wide-angle, fish eye and so on. ... It should be noted, the first image 102 can be obtained in the second image obtained after 106. obtaining the first image 102 and the second image 106 of the sequence is variable.) Furthermore, for Claim 12, Sensharma discloses wherein a non-transitory computer-readable storage medium storing a program causing a computer to perform operations. (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) Regarding Claims 17, 18, 19 , Sensharma-Hayata-Sim discloses the communication apparatus according to claim 1 and the communication method according to claim 7 and the non-transitory computer-readable storage medium according to claim 12. Furthermore, Sensharma discloses the communication apparatus according to claim 1, wherein the at least one processor is further configured to execute the instructions to perform operations. (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) Sensharma does not specifically disclose wherein for a) generating the second image by capturing the user after the user watched the first image using the second terminal. However, Sim discloses: a) generate the second image by capturing the user after the user watched the first image using the second terminal and as a reply to content of the first image. (see Sim paragraph [0005]: synthetic image is then sent to the receiver. synthetic image can be sent to the recipient through the perspective method gaze correction, the gaze corrected image and the second image capture device of a user viewing the first image of the scene are similar.; (first image captured after user is viewing the first image) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharma for a) generating the second image by capturing the user after the user watched the first image using the second terminal as taught by Sim. One of ordinary skill in the art would have been motivated to employ the teachings of Sim for the flexibility of a system that enables an image to be captured a second image of a user viewing a first image within a network environment. (see Sim paragraph [0005]) Sensharma-Sim does not specifically disclose for b) wherein transmitting the second image to the first terminal. However, Hayata discloses: b) wherein transmitting the second image to the first terminal represents transmitting the reply in response to the content of the first image. (see Hayata paragraph [0058]: communicating with a terminal device of a first user and a terminal device of a second user different from the first user including a processing unit configured to perform operations; ... transmit information for displaying the first image that is at least partly changed to at least the terminal device of the second user depending on an instruction from the first user; and transmit information for displaying the second image that is at least partly changed to at least the terminal device of the first user depending on an instruction from the second user; (image transferred from a second terminal (first user) to a first terminal (second user)) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharma-Sim for b) wherein transmitting the second image to the first terminal as taught by Hayata. One of ordinary skill in the art would have been motivated to employ the teachings of Hayata for the flexibility of a system that enables the transfer of captured images between two network-connected terminals from among a set of multiple terminals. (see Hayata paragraph [0058]) 07-21-aia AIA 6. Claim s 2, 3, 8, 9, 13, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sensharma in view of Hayata and further in view of Sim and Attard et al. (US PGPUB No. 20210037000 ) . Regarding Claims 2, 8, 13 , Sensharma in view of Hayata in view of Sim discloses the communication apparatus according to claim 1 and the communication method according to claim 7 and the non-transitory computer-readable storage medium according to claim 12, wherein the at least one processor is further configured to execute the instructions (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) to perform operations. Sensharma does not specifically disclose for a) receiving reply information for permission request information indicating a request for permission from a terminal, and for b) transmitting reply information to a terminal. However, Attard discloses: a) receiving reply information for permission request information indicating a request for a permission from the first terminal; (see Attard paragraph [0064]: the datastore 132 may additionally or alternatively store permissions data associated with permissions of individual users of the communication platform. In some examples, permissions can be set by the communication platform, an employer, enterprise, organization, or other entity that utilizes the communication platform, a team leader, a group leader, or other entity that utilizes the communication platform for communicating with team members, group members, or the like, an individual user, or the like. In some examples, permissions associated with an individual user can be mapped to, or otherwise associated with, an account or profile associated with the user data. In some examples, permissions can indicate which users can communicate directly with other users, which channels a user is permitted to access, restrictions on individual channels, which workspaces the user is permitted to access, restrictions on individual workspaces, and the like.; paragraph [0017]: address identity verification through a single-tiered identity verification via a client device. Upon receiving a request to access a service provided the group-based communication system, such methods may request a user associated with the client device to provide login information (e.g., a user name and a password), or to verify user identity by providing biometric data (e.g., fingerprint data or facial recognition data),) and b) transmitting the reply information to a second terminal. (see Attard paragraph [0042]: security component 126 may receive the interaction data, interaction parameter(s), etc., use the interaction parameter(s) to determine a trust score as discussed herein, and may transmit a reply to the API call comprising instructions to cause the identity verification component 124 to allow the client communication application 118 instance to be continued to be accessed at the computing device if the security component determines that the interaction activity at that device is valid according to the techniques discussed herein. Otherwise, in an instance where the security component 126 determines that activity at the computing device(s) 104 is malicious, the security component 126 may initiate an additional trust verification process by transmitting a trust verification request and/or instructions to the identity trust verification component 124, and/or close or pause communications at one or more of the API(s) in response to requests sent by one or more of the computing device(s) 104 associated with a user profile 128.) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharm, Hayata and Sim for a) receiving reply information for permission request information indicating a request for permission from a terminal, and for b) transmitting reply information to a terminal as taught by Attard. One of ordinary skill in the art would have been motivated to employ the teachings of Attard for the enhanced security of a system that enables request for permissions to perform actions and replies in response to requests within a network environment. (see Attard paragraph [0064]; paragraph [0042]) Regarding Claims 3, 9, 14 , Sensharma in view of Hayata in view of Sim discloses discloses the communication apparatus according to claim 1 and the communication method according to claim 7 and the non-transitory computer-readable storage medium according to claim 12, the at least one processor is further configured execute the instructions (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) to perform operations. Sensharma does not specifically disclose determining whether transmission/reception of information to and from the first terminal is enabled. However, Attard discloses wherein determining whether transmission/reception of information to and from the first terminal is enabled. (see Attard paragraph [0002]: a communication channel may be established between and among various user computing devices, allowing the user computing devices to communicate and share data between and among each other over one or more networks.; (establish communication channel between user computing device enables transmission/reception enabled)) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharm, Hayata and Sim for determining whether transmission/reception of information to and from the first terminal is enabled as taught by Attard. One of ordinary skill in the art would have been motivated to employ the teachings of Attard for the enhanced security of a system that enables request for permissions to perform actions and replies in response to requests within a network environment. (see Attard paragraph [0064]; paragraph [0042]) 07-21-aia AIA 7. Claim s 4, 10, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sensharma in view of Hayata and further in view of Sim and Pena et al. (US Patent No. 11,741,260 ) . Regarding Claims 4, 10, 15 , Sensharma in view of Hayata in view of Sim discloses the communication apparatus according to claim 1 and the communication method according to claim 7 and the non-transitory computer-readable storage medium according to claim 12. Sensharma does not specifically disclose configured to perform transmitting an image to a terminal at a timing being preset for subject person. However, Pena discloses wherein the at least one processor is further configured to execute the instructions to : transmitting the second image to the first terminal at a timing being preset for the subject person. (see Pena col 7: Rather than transmitting the video data and/or image data to the target device 16 as the video and/or image data is generated, the electronic sensor device 18 may have a scheduled time period to transmit video and/or image data based on whether the user is likely to be captured in the video and/or image data at the scheduled time period ; (preset time for capturing image)) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharm, Hayata and Sim for configured to perform transmitting an image to a terminal at a timing being preset for subject person as taught by Pena. One of ordinary skill in the art would have been motivated to employ the teachings of Pena for the flexibility of a system that enables scheduling of the transmitting of an image to a terminal at a preset time based upon a determined context. (see Pena col 7) 07-21-aia AIA 8. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sensharma in view of Hayata and further in view of Sim and Kolla et al. (US PGPUB No. 20240021016 ) . Regarding Claim 6 , Sensharma in view of Hayata in view of Sim discloses the communication apparatus according to claim 2, wherein the at least one processor is further configured to execute the instructions (see Sensharma paragraph [0021]: Memory 205 may be coupled to processor 212 to store instructions for execution by processor 212. In some embodiments, memory 205 is non-transitory, such as a non-transitory computer readable storage medium.) to : Sensharma does not specifically disclose outputting decision support information useful for making decision whether or not to comply with the request. However, Kolla discloses wherein outputting decision support information useful for making decision whether or not to comply with the request indicated by the permission request information. (see Kolla paragraph [0079]: Thereafter, at step [213], the method via processing unit [104] is configured to determine a status indicating one of an authentication success, an authentication failure, or a requirement for manual review , of the image of the first human object and the identification document, based on the match score (or the cosine distance between the image face feature vector and the ID card face feature vector) and a threshold value. For instance, in an implementation, if the cosine distance between the image feature vector and the ID card face feature vector is above a certain threshold “a,”, then the first human object (i.e., the face of the first person) and the second human object (i.e., the face of one of the first person and the second person) are declared a match, and a success message is returned. In addition, if the cosine distance is less than a certain threshold “b,” the first and second human objects are declared non-matches, and a failure message is returned. Furthermore, if the cosine distance is between the two above-mentioned thresholds “a” and “b,” then the image authentication request is flagged for further review (i.e., the manual review) using a to-be-reviewed message. ; (utilizing decision support information analogous to manual review of authentication information)) It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Sensharm, Hayata and Sim for outputting decision support information useful for making decision whether or not to comply with the request as taught by Kolla. One of ordinary skill in the art would have been motivated to employ the teachings of Kolla for the flexibility of a system that enables a manual review (decision support information) in order to determine whether to comply with access request. (see Kolla paragraph [0079]) Conclusion 07-39 AIA 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 extension fee 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 CARLTON JOHNSON whose telephone number is (571)270-1032. The examiner can normally be reached Work: 12-9PM (most days). 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, Shewaye Gelagay can be reached at 571-272-4219. 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. /CJ/ May 18, 2026 /SHEWAYE GELAGAY/Supervisory Patent Examiner, Art Unit 2436 Application/Control Number: 18/391,801 Page 2 Art Unit: 2436 Application/Control Number: 18/391,801 Page 3 Art Unit: 2436 Application/Control Number: 18/391,801 Page 4 Art Unit: 2436 Application/Control Number: 18/391,801 Page 5 Art Unit: 2436 Application/Control Number: 18/391,801 Page 6 Art Unit: 2436 Application/Control Number: 18/391,801 Page 7 Art Unit: 2436 Application/Control Number: 18/391,801 Page 8 Art Unit: 2436 Application/Control Number: 18/391,801 Page 9 Art Unit: 2436 Application/Control Number: 18/391,801 Page 10 Art Unit: 2436 Application/Control Number: 18/391,801 Page 11 Art Unit: 2436 Application/Control Number: 18/391,801 Page 12 Art Unit: 2436 Application/Control Number: 18/391,801 Page 13 Art Unit: 2436 Application/Control Number: 18/391,801 Page 14 Art Unit: 2436 Application/Control Number: 18/391,801 Page 15 Art Unit: 2436 Application/Control Number: 18/391,801 Page 16 Art Unit: 2436 Application/Control Number: 18/391,801 Page 17 Art Unit: 2436 Application/Control Number: 18/391,801 Page 18 Art Unit: 2436 Application/Control Number: 18/391,801 Page 19 Art Unit: 2436 Application/Control Number: 18/391,801 Page 20 Art Unit: 2436
Read full office action

Prosecution Timeline

Dec 21, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §103
Jan 29, 2026
Response Filed
Jun 04, 2026
Final Rejection mailed — §103 (current)

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