Prosecution Insights
Last updated: April 19, 2026
Application No. 18/433,640

PHOTOGRAPHING APPARATUS, PHOTOGRAPHING METHOD, AND STORAGE MEDIUM HAVING PROGRAM STORED THEREIN

Non-Final OA §103
Filed
Feb 06, 2024
Examiner
AGGARWAL, YOGESH K
Art Unit
2637
Tech Center
2600 — Communications
Assignee
NEC Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
96%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
998 granted / 1113 resolved
+27.7% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
1145
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
36.4%
-3.6% vs TC avg
§112
5.1%
-34.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1113 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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, 2, 4, 5, 7, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US Patent # 10,200,623) in view of Lee et al. (US PGPUB 20190171804). [Claim 1] Baldwin teaches an apparatus for facial authentication comprising: a camera (figs. 2a-2d, cameras 202 and 204); a light-emitter provided in a vicinity of the camera (206 and 208) at least one memory configured to store instructions and at least one processor configured to execute the instructions to (col. 9 lines 24-29) control light emission in accordance with a first mode for drawing a subject's attention towards the camera (col. 11 lines 29-33, col. 12 lines 9-15, col. 12 lines 50-61, fig. 4, since it is a pre-flash mode, it will capture the subject's attention because of the amount of light flashed at the subject).; control light emission in accordance with a second mode for capturing an image (col. 12 lines 1-3, fig. 4, At time T.sub.2, the flash unit emits light at a second intensity 403, higher than a first intensity, during a second portion 413 of the flash operation 410 until time T.sub.3.) acquire the image of the subject being made to face the camera by controlling the light emission in accordance with the first mode (col. 18 lines 30-41, As discussed above, some implementations of flash operations include a first portion (e.g., a pre-flash period) during which one or more image capture settings can be determined for use in a second portion (e.g., a capture period) based on the flash output during the first portion and an analysis of image frames received during the first portion. For example, AEC, AF, and/or AWB settings for use in capturing and processing one or more images during a second portion of a flash operation can be determined based on the analysis of a sequence of frames received during a first portion of the operation to account for motion and/or scene lighting conditions). Baldwin fails to teach for capturing images for facial authentication. However Lee teaches that in operation 803, the electronic device 400 (e.g., the processor 401) may calculate the distance between the object and the electronic device 400 by using the second camera module 403. The electronic device 400 (e.g., the processor 401) may determine in operation 804 whether the calculated distance is greater than or equal to the second distance, perform operation 806 when the calculated distance is greater than or equal to the second distance, and perform operation 805 when the calculated distance is less than the second distance. The electronic device 400 (e.g., the processor 401) may deactivate the first camera module 402 in operation 805, perform operation 803 to calculate the distance between the object and the electronic device 400 by using the second camera module 403, and perform operations 804 through 807. In operation 806, the electronic device 400 (e.g., the processor 401) may activate the first camera module 402. In operation 807, the electronic device 400 (e.g., the processor 401) may perform iris authentication by using the first camera module 402 (Paragraphs 123-127). Therefore taking the combined teachings of Baldwin and Lee, it would be obvious to one skilled in the art before the effective filing date of the invention to capturing images for facial authentication in order to verify the identity of the user for safety purposes. [Claim 2] Baldwin teaches wherein the at least one processor is configured to execute the instructions to control light emission in accordance with the first mode for drawing the subject's attention towards the camera by controlling light emission different color from the second mode (col. 2 lines 6-11, In other aspects, the processor is further configured to cause the flash unit to adjust at least one of an intensity and a color temperature of the flash emitted during the first portion. The processor can also be configured to cause the flash unit to emit the flash at a constant intensity and color temperature during the second portion. Lights with different color temperature have different colors). [Claim 4] Baldwin teaches wherein the at least one processor is configured to execute the instructions to control light emission in accordance with the first mode for drawing the subject's attention towards the camera by controlling light emission with a changing pattern over time (col. 11 lines 40-49, In some implementations, an intensity and/or color temperature of light output by the flash unit 325 during the first portion of the flash operation can be adjusted over a series of frames while in other embodiments the intensity and/or color temperature can be constant during the pre-flash phase. For example, in some implementations, the first portion of the flash operation can include two or more sub-portions with an intensity and/or color temperature of emitted flash being different between each sub-portion). [Claim 5] Baldwin teaches wherein the at least one processor is configured to execute the instructions to: control light emission in accordance with the first mode for drawing the subject's attention towards the camera by controlling light emission with a changing pattern over time (col. 11 lines 40-49, In some implementations, an intensity and/or color temperature of light output by the flash unit 325 during the first portion of the flash operation can be adjusted over a series of frames while in other embodiments the intensity and/or color temperature can be constant during the pre-flash phase. For example, in some implementations, the first portion of the flash operation can include two or more sub-portions with an intensity and/or color temperature of emitted flash being different between each sub-portion). [Claim 7] Lee teaches wherein the at least one processor is further configured to execute the instructions to determine whether or not the subject in the image is a same person as a registrant (Paragraph 81, When the calculated distance is greater than or equal to the second distance, the processor 401 may perform iris authentication by using the first camera module 402. For example, the processor 401 may emit light through the IR LED of the first camera module 402 and obtain the IR image through the IR camera of the first camera module 402. The processor 401 may detect iris information (e.g., an iris image, an iris pattern, etc.) from the iris image obtained through the IR camera, compare the detected iris information with previously stored iris information, and complete or fail iris authentication according to whether the detected iris information is identical to the previously stored iris information) in order to identify the right person before they enter the premises. [Claim 12-13] These are method and computer-readable claims corresponding to apparatus claim 1 and are therefore analyzed and rejected based upon apparatus claim 1. Claim(s) 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US Patent # 10,200,623), Lee et al. (US PGPUB 20190171804) in further view of Huang (US PGPUB 20050212684). [Claim 3] Baldwin in view of Lee fails to teach wherein the first mode emits blue light, and the second mode emits white light. However Huang teaches LEDs 604 can be white LEDs, blue LEDs, red LEDs, green LEDs, or the combination thereof. The user can set different indicating modes corresponding to different operating conditions of an image capture apparatus. For example, the present invention can use the white LEDs to provide a proper illumination when using pre-flash function; the present invention can set different blinking frequencies according to operating conditions. For example, a set mode is a circle round mode with one lighting LED, the LED may be red or other color, or a set mode is to turn on/off LEDs in sequence, so the LEDs can display a lighting sequence with different color LEDs and each of the LEDs has different blinking frequency, even display an image (Paragraph 34). Based on the teachings of Huang, it is within a level of one skilled in the art to have different colors of lights for different modes. Therefore taking the combined teachings of Baldwin, Lee and Huang, it would be obvious to one skilled in the art before the effective filing date of the invention to have been motivated to have control light emission in accordance with the first mode for drawing the subject's attention towards the camera by blinking the light-emitter in order to reduce the usage times of the flash due to replacing the flash with the indicating apparatus in pre-flash function, so the life of the flash can extend. The indicating apparatus is also employed as a focus aid light by providing a proper light to aid the image capture apparatus in auto-focusing under an insufficient brightness environment. [Claim 6] Baldwin in view of Lee fails to teach wherein the at least one processor is configured to execute the instructions to: control light emission in accordance with the first mode for drawing the subject's attention towards the camera by blinking the light-emitter. However Huang teaches The LEDs 604 can be white LEDs, blue LEDs, red LEDs, green LEDs, or the combination thereof. The user can set different indicating modes corresponding to different operating conditions of an image capture apparatus. For example, the present invention can use the white LEDs to provide a proper illumination when using pre-flash function; the present invention can set different blinking frequencies according to operating conditions. For example, a set mode is a circle round mode with one lighting LED, the LED may be red or other color, or a set mode is to turn on/off LEDs in sequence, so the LEDs can display a lighting sequence with different color LEDs and each of the LEDs has different blinking frequency, even display an image (Paragraph 34). Therefore taking the combined teachings of Baldwin, Lee and Huang, it would be obvious to one skilled in the art before the effective filing date of the invention to have been motivated to have control light emission in accordance with the first mode for drawing the subject's attention towards the camera by blinking the light-emitter in order to reduce the usage times of the flash due to replacing the flash with the indicating apparatus in pre-flash function, so the life of the flash can extend. The indicating apparatus is also employed as a focus aid light by providing a proper light to aid the image capture apparatus in auto-focusing under an insufficient brightness environment. Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Baldwin et al. (US Patent # 10,200,623), Lee et al. (US PGPUB 20190171804) in further view of Lynch et al. (US PGPUB 20190384143). [Claims 8-11] Baldwin in view of Lee fails to teach wherein the light-emitter includes a plurality of light-emitting bodies installed in a ring around the camera. However Lynch teaches In some implementations, the light ring 146 of the kiosk head 140 may be configured to illuminate a subject (e.g., one or more guests) and thereby aid the digital camera 144 of the tablet computer 142. In some implementations, the light ring 146 may be an annular arrangement of LEDs, or other lighting technology, positioned adjacent an exterior edge kiosk head's 140 front side. In some implementations the light ring 146 may be any suitable arrangement of LEDs, or other lighting technology, positioned on the front side of the kiosk head 140 capable of assisting the digital camera 144 with capturing digital photographs. In some implementations, the light ring 146 may be a dual color, temperature adjustable LED light ring. In some implementations, the light ring 146 may be any light ring suitable for use as part of a kiosk head 140 (Paragraph 39, fig. 1). Therefore taking the combined teachings of Baldwin, Lee and Lynch, it would be obvious to one skilled in the art before the effective filing date of the invention to have been motivated to have the light-emitter includes a plurality of light-emitting bodies installed in a ring around the camera in order to take images with proper lighting during low light photography. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOGESH K AGGARWAL whose telephone number is (571)272-7360. The examiner can normally be reached Monday - Friday 9:30-6. 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 5712727564. 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. /YOGESH K AGGARWAL/Primary Examiner, Art Unit 2637
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Feb 03, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
90%
Grant Probability
96%
With Interview (+6.8%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1113 resolved cases by this examiner. Grant probability derived from career allow rate.

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