Prosecution Insights
Last updated: May 28, 2026
Application No. 18/574,202

IMAGE PROCESSING DEVICE, IMAGE PROCESSING METHOD, AND PROGRAM

Final Rejection §102
Filed
Dec 26, 2023
Priority
Jul 02, 2021 — JP 2021-111015 +1 more
Examiner
PARK, SUNGHYOUN
Art Unit
2484
Tech Center
2400 — Computer Networks
Assignee
Sony Group Corporation
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
465 granted / 619 resolved
+17.1% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
658
Total Applications
across all art units

Statute-Specific Performance

§101
3.6%
-36.4% vs TC avg
§103
72.1%
+32.1% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 619 resolved cases

Office Action

§102
DETAILED ACTION 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 . Response to Amendment The amendments, filed 12/30/2025, have been entered and made of record. Claims 1-8, and 11-20 have been amended. Claims 1-20 are pending. Response to Arguments Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive. In re page 12 and 13, the applicant states “The Examiner alleges that Sugio teaches every element previously recited by independent claim 1. Office Action 4 (citing Sugio FIGS. 1-3, paras. [0077], [0082]). However, there is nothing in Sugio that would fairly teach or suggest the elements presently recited in relation to performing control such that control by a plurality of switching control modes is executed with respect to switching of each of a plurality of input images included in a delivery image and each of a plurality of captured images displayed in a second area is switched based on any of the plurality of switching control modes, let alone any teaching or suggestion that the second area includes a recommendation area in which an image selected from the plurality of input images is displayed in any manner remotely resembling the manner particularly claimed. As such, it is simply not possible for Sugio to satisfy the elements particularly recited by amended independent claim 1. Without acquiescing in any way to the Examiner's characterization of the cited reference with respect to the previously recited subject matter, Applicant hereby amends the claims in an effort to expedite prosecution by clarifying patentable distinctions. Applicant respectfully submits that Sugio clearly does not teach or suggest, inter alia, "circuitry configured to generate a delivery image in which a first area that is a main image area and a second area that is an image area different from the first area are formed in a screen based on a plurality of input images that are images obtained by imaging an event by a plurality of imaging devices, and perform control such that control by a plurality of switching control modes is executed with respect to switching of each of the plurality of input images included in the delivery image and each of a plurality of captured images displayed in the second area is switched based on any of the plurality of switching control modes, wherein the second area includes a recommendation area in which an image selected from the plurality of input images is displayed," as recited by amended independent claim 1 (emphasis added), and the Office Action does not assert otherwise.”. In response, the examiner respectfully disagrees. Sugio teaches the terminal device may display the output screen that includes a first screen (main screen) on which any of the plurality of videos is displayed and a second screen (first sub-screen or second sub-screen) which is smaller than the first screen and on which a plurality of selected videos that are replayed are displayed and is recommended viewpoint video, and may display the plurality of selected videos on the first screen in a case where the second screen is selected by the user. The video delivery system according to this embodiment reproduces (for display) a video signal based on a plurality of videos obtained by shooting the same scene over a plurality of successive periods from a plurality of different viewpoints. The video delivery system selects a selected video from among the plurality of videos for each of the plurality of periods on the basis of the rating values of the plurality of videos given by a plurality of users. The video delivery system generates a video signal by connecting the plurality of selected videos respectively selected for the plurality of periods together and reproduces the video signal (for display). The server performs a process, such as switching between viewpoint videos, in response to a request from the terminal device and transmits video data obtained in the process to the terminal device. (e.g. See, Para.[0267], [0268], [0082] Fig. 17) Therefore, Sugio discloses circuitry an image processing unit configured to generate a delivery image in which a first area that is a main image area and a second area that is an image area different from the first area are formed in a screen based on a plurality of input images that are images obtained by imaging an event by a plurality of imaging devices and perform such that control by a plurality of switching control modes is executed with respect to switching of each of the plurality of input images included in the delivery image and each of a plurality of captured images displayed in the second area is switched based on any of the plurality of switching control modes, wherein the second area includes a recommendation area in which an image selected from the plurality of input images is displayed as amended independent claim 1. 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. Sugio Claims 1-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2/) as being anticipated by Sugio et al.(USPubN 2016/0192009; hereinafter Sugio). As per claim 1, Sugio teaches an image processing device comprising: circuity configured to generate a delivery image in which a first area that is a main image area and a second area that is an image area different from the first area are formed in a screen based on a plurality of input images that are images obtained by imaging an event by a plurality of imaging devices(“There is provided a video delivery method for a server that delivers to a terminal device a video signal based on a plurality of videos obtained by shooting an identical scene from a plurality of different viewpoints over a plurality of successive periods” in Abs, “The plurality of cameras 101 generate a plurality of viewpoint videos by shooting the same scene over the same time period from different viewpoints. The cameras 101 are carried by a plurality of users respectively. For example, the plurality of cameras 101 are owned by a plurality of spectators who are in a place, such as in a sport stadium. The plurality of viewpoint videos captured by the plurality of cameras 101 are transmitted to the server 103 over the network 104A” in Para.[0077], “the terminal device 102 may display the output screen 300C that includes a first screen (main screen 311) on which any of the plurality of videos is displayed and a second screen (first sub-screen 312A or second sub-screen 312B) which is smaller than the first screen and on which a plurality of selected videos that are replayed are displayed, and may display the plurality of selected videos on the first screen in a case where the second screen is selected by the user.” in Para.[0267], Fig. 17); and perform control such that control by a plurality of switching control modes is executed with respect to switching of each of the plurality of input images included in the delivery image and each of a plurality of captured images displayed in the second area is switched based on any of the plurality of switching control modes(“The server 103 temporarily retains a plurality of viewpoint videos transmitted from the plurality of cameras 101. The server 103 transmits some or all of the plurality of retained viewpoint videos to the terminal device 102 in response to a request from the terminal device 102. The server 103 performs a process, such as switching between viewpoint videos, in response to a request from the terminal device 102 and transmits video data obtained in the process to the terminal device 102. The server 103 receives from the terminal device 102 ratings on viewpoint videos or subjects in viewpoint videos given by users, summarizes the ratings as comments and ratings on the viewpoint videos or the subjects, and retains the ratings and comments in a database” in Para.[0082]). Wherein the second area includes a recommendation area in which an image selected from the plurality of input images is displayed(“the video delivery system 100 according to this embodiment reproduces (for display) a video signal based on a plurality of videos obtained by shooting the same scene over a plurality of successive periods from a plurality of different viewpoints. The video delivery system 100 selects a selected video from among the plurality of videos for each of the plurality of periods on the basis of the rating values of the plurality of videos given by a plurality of users. The video delivery system 100 generates a video signal by connecting the plurality of selected videos respectively selected for the plurality of periods together and reproduces the video signal (for display)” in Para.[0268], Fig. 17). As per claim 2, Sugio teaches wherein the circuitry performs control such that image switching based on a switching control mode applied to the second area is applied to an image of the first area when a selection operation for the second area by a delivery destination user is detected(“An instruction from the user 106 is provided through a screen touch operation or by using a mouse or the like, for example; however, any input device may be used to provide an instruction. Instructions provided by the user 106 include instructions for selecting a viewpoint video to be viewed, making a comment on a viewpoint video, rating a viewpoint video, making a comment on a subject that is visible in a viewpoint video, rating a subject, checking information about a subject, placing an order for an item related to a subject, and the like. Some of the instructions provided by the user 106 are transmitted to the server 103” in Para.[0081], “he server 103 temporarily retains a plurality of viewpoint videos transmitted from the plurality of cameras 101. The server 103 transmits some or all of the plurality of retained viewpoint videos to the terminal device 102 in response to a request from the terminal device 102. The server 103 performs a process, such as switching between viewpoint videos, in response to a request from the terminal device 102 and transmits video data obtained in the process to the terminal device 102. The server 103 receives from the terminal device 102 ratings on viewpoint videos or subjects in viewpoint videos given by users, summarizes the ratings as comments and ratings on the viewpoint videos or the subjects, and retains the ratings and comments in a database” in Para.[0082]). As per claim 3, Sugio teaches wherein the circuitry generates the delivery image in which a third area for individually displaying all or some of the plurality of input images is formed in the screen in addition to the first area and the second area, and wherein the circuitry performs control such that each of the plurality of input images related to the selection operation is displayed in the first area when the selection operation for the input image in the third area by the delivery destination user is detected(“An output screen 300C illustrated in FIG. 17 includes a main screen 311, a first sub-screen 312A, a second sub-screen 312B, and a viewpoint selection screen 313.” In Para.[0214], “On the main screen 311, a viewpoint video specified by the user is displayed (favorite viewpoint video switching mode). On the first sub-screen 312A, a recommended viewpoint video generated in the above-described recommended viewpoint video switching mode is displayed. On the second sub-screen 312B, a recommended subject video generated in the above-described recommended subject switching mode is displayed” in Para.[0215]). As per claim 4, Sugio teaches wherein one of the plurality of switching control modes is a mode in which image switching control is performed based on progress information obtained in advance regarding an event(“The output screen 300B illustrated in FIG. 16 includes an information display screen 308 instead of the information display screen 305 in the output screen 300A illustrated in FIG. 15” in Para.[0208], “The lateral direction of the information display screen 308 represents time, and the degree of excitement (volume of cheers or the like, for example) is represented by a wave. The stars on the lower row represent the times at which corresponding scenes are registered as favorite scenes. The circles on the middle row represent the times of recommended scenes. The numbers in the circles on the lower row represent the uniform numbers of the players of one team who have gained points, and the numerical values immediately above the respective uniform numbers represent the scores. Similarly, the numbers in the circles on the upper row represent the uniform numbers of the players of the other team who have gained points, and the numerical values immediately below the respective uniform numbers represent the scores” in Para.[0209]). As per claim 5, Sugio teaches wherein one of the plurality of switching control modes is a mode in which image switching control is performed on the delivery image for a specific delivery destination user based on viewing information of a delivery destination user other than the specific delivery destination user(“When a recorded video is displayed, view points may be displayed in accordance with a viewpoint video or subject registered by users as a favorite, a highly rated viewpoint video or subject, or audio data of cheers or the like” in Para.[0211]). As per claim 6, Sugio teaches wherein one of the plurality of switching control modes is a mode in which image switching control is performed on the delivery image for a specific delivery destination user based on viewing information of other delivery destination users having an attribute the same as or similar to an attribute of the specific delivery destination user(“it is possible to deliver a video for successively replaying highly rated viewpoint videos on the basis of ratings given by a plurality of users“ in Para.[0039], Para.[0211]). As per claim 7, Sugio teaches wherein one of the plurality of switching control modes is a mode in which image switching control is performed on the plurality of input images of a specific subject(“each of the rating values may be a rating value of each of a plurality of subjects included in the plurality of videos, and in the selecting of the first selected video, for each of the plurality of periods, a video in which a recommended subject having a highest rating value or having a rating value higher than a predetermined value is visible may be selected from among the plurality of videos as the first selected video” in Para.[0040]). As per claim 8, Sugio teaches wherein the circuitry performs control such that each of the plurality of input images switched in processing of the switching control mode selected according to a delivery destination user is displayed with a higher frequency than each of the plurality of input images switched in processing of another switching control mode in the second area(Para.[0040]). As per claim 9, Sugio teaches wherein the switching control mode selected according to the delivery destination user is a switching control mode designated through a selection operation of the delivery destination user(Para.[0040]). As per claim 10, Sugio teaches wherein the switching control mode selected according to the delivery destination user is a switching control mode designated through automatic selection processing(Para.[0148]). As per claim 11, Sugio teaches wherein the circuitry is further configured to variably set a display frequency value of the input image switched in the processing of the switching control mode selected according to the delivery destination user and a display frequency value of the input image switched in the processing of another switching control mode in the second area in accordance with an operation of the delivery destination user, and control the input image based on each switching control mode to be displayed with a frequency corresponding to the display frequency value(Para.[0040]). As per claim 12, Sugio teaches wherein the circuitry performs control such that the input image switched in processing of a reference switching control mode selected according to a delivery destination user is displayed in the first area, and the input image switched in processing of a switching control mode other than the reference switching control mode is displayed in the second area(Para.[0215]). As per claim 13, Sugio teaches wherein the circuitry performs control such that the input image switched in the processing of the switching control mode applied to the second area is displayed in the first area when a selection operation for the second area is performed, and the input image switched in the processing of the reference switching control mode is displayed in the second area, and wherein the circuitry performs control such that the input image switched in processing of another switching control mode is further displayed in the second area according to elapse of a predetermined time(Para.[0215]). As per claim 14, Sugio teaches wherein the circuitry is further configured to perform determination processing for the switching control mode suitable for a user among the plurality of switching control modes based on a history of a selection operation of the user, and update the reference switching control mode according to a determination result(Para.[0218]). As per claim 15, Sugio teaches wherein the circuitry performs control such that the input image from one imaging device is fixedly displayed in the first area in an initial state, and the input image switched in processing of a predetermined switching control mode is displayed in the second area(Fig. 16 and 17, Para.[0207], [0214]). As per claim 16, Sugio teaches wherein the circuitry is further configured to perform data size conversion processing of each of the plurality of input images to be used for display in the first area and the second area with respect to the plurality of input images, and generates, for each individual delivery destination user, the delivery image including the input image after the conversion processing(Fig. 16 and 17, Para.[0207], [0214]). As per claim 17, Sugio teaches wherein the circuitry is further configured to perform data size conversion processing of each of the plurality of input images to be used for display in the first area and the second area, perform data size conversion processing of the input image such that a data size of the input image is smaller than a data size of an image in the second area in order to further use images to be displayed in a third area in which all or some of the plurality of input images are displayed, and generate the delivery image including the input image after the conversion processing according to each delivery destination user(Para.[0245], [0254]). As per claim 18, Sugio teaches wherein the circuitry controls circuitry such that screen division of the first area and the second area in the delivery image for a delivery destination user is canceled by an operation of the delivery destination user, the first area and the second area are shared, and image switching based on a switching mode applied to the second area is performed in the shared area(Fig. 16 and 17, Para.[0207], [0214], [0299]). As per claim 19, the limitations in the claim 19 has been discussed in the rejection claim 1 and rejected under the same rationale. As per claim 20, the limitations in the claim 20 has been discussed in the rejection claim 1 and rejected under the same rationale. Conclusion 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 SUNGHYOUN PARK whose telephone number is (571)270-1333. The examiner can normally be reached M - Thur 6:00 am - 4 pm. 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, THAI Q TRAN can be reached at (571)272-7382. 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. /SUNGHYOUN PARK/Examiner, Art Unit 2484
Read full office action

Prosecution Timeline

Dec 26, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §102
Dec 30, 2025
Response Filed
Mar 30, 2026
Final Rejection mailed — §102
May 22, 2026
Response after Non-Final Action

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

3-4
Expected OA Rounds
75%
Grant Probability
85%
With Interview (+10.0%)
2y 9m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 619 resolved cases by this examiner. Grant probability derived from career allowance rate.

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