Prosecution Insights
Last updated: July 17, 2026
Application No. 18/675,919

VIDEO PROCESSING APPARATUS AND METHOD, IMAGE CAPTURING APPARATUS, VIDEO DISTRIBUTION SYSTEM, AND STORAGE MEDIUM

Non-Final OA §103
Filed
May 28, 2024
Priority
Jun 07, 2023 — JP 2023-094236
Examiner
KHAN, USMAN A
Art Unit
2637
Tech Center
2600 — Communications
Assignee
Canon Inc.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
658 granted / 879 resolved
+12.9% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
909
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
76.0%
+36.0% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
4.8%
-35.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 879 resolved cases

Office Action

§103
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 . A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/20/2026 has been entered. Response to Arguments Applicant's arguments filed on 04/22/2026 with respect to amended claims 1 - 19 have been considered but are moot in view of the new ground(s) of rejection. 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: 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 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. 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. Claims 1 – 3, 5, 11 – 12, and 14 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of NAKAMURA (US PgPub No. 2014/0176764). Regarding claim 1, CUI teaches a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of each subject within the partial area (paragraphs 0214, 0227 – 0029; focus on to be photographed object). However, CUI fails to clearly teach acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. NAKAMURA, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. More specifically, NAKAMURA teaches acquires, from a video distribution apparatus that distributes video (figure 2 item 100 also figures 10-11 item 200), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 1, 4 and 11; face(s) region(s)); a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera detected); determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera selected); wherein each partial area is cropped from the video obtained by the image capturing unit (create composite image from taking cropped regions; figure 11 also paragraphs 0136, 0148 – 0149, 0151, 0158, 0161). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of NAKAMURA with the teachings of CUI because in at least paragraphs 0003 and 0147-0148 NAKAMURA teaches that the system outputs images where everyone is smiling as a shutter timing by conducting smile detection or blink detection, thereby improving the imaging of CUI when combined. Regarding claim 2, as mentioned above in the discussion of claim 1, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches an operation unit that designates a main subject from among the subject or subjects detected by the detection unit (paragraphs 0214 - 0216, 0227 - 0029), the operation unit is given priority over the determination unit (paragraphs 0214 - 0216, 0227 - 0029), and in a case where a main subject is not designated by the operation unit, the determination unit determines a main subject (paragraph 0227; automatically determine object). Regarding claim 3, as mentioned above in the discussion of claim 2, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches a setting unit that, in a case where a subject is designated by a predetermined operation by the operation unit, sets the designated subject as a main subject regardless of whether or not the designated subject is within the partial area (paragraphs 0214 - 0216, 0227 - 0029). Regarding claim 5, as mentioned above in the discussion of claim 3, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches wherein the acquisition unit acquires information on the partial area whose video is distributed to outside, and the determination unit determines a main subject from a subject or subjects within the partial area whose video is distributed to outside (paragraphs 0153, 0149, 0223, 0226, and 0240; outside range). Regarding claim 11, as mentioned above in the discussion of claim 1, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches wherein, in a case where the determined main subject moves and exits from the partial area, the determination unit sets a higher priority to a subject in a partial area that is in a moving direction of the main subject, and also sets a higher priority to a subject in the partial area to which the main subject belonged before (paragraphs 0214 - 0216, 0227 – 0029; movement from inside to outside area and set priority). Regarding claim 12, as mentioned above in the discussion of claim 8, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches wherein the determination unit gives a higher priority to a subject that belongs to a larger number of partial areas (paragraph 0216; plurality of areas related to subject). Regarding claim 14, CUI teaches an image capturing apparatus (figure 1 item 100 with cameras) comprising: a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of a subject within the partial area (paragraphs 0214, 0227 – 0029; focus on to be photographed object); and the image capturing unit that repeatedly shoots and outputs video (figure 1 item 193 and paragraphs 0011, 0032, 0020 – 0023, 0037 – 0039, and 0208). However, CUI fails to clearly teach acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; and a determination unit that determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; and wherein each partial area is cropped from the video obtained by the image capturing unit. Ma, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; and a determination unit that determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; and wherein each partial area is cropped from the video obtained by the image capturing unit. More specifically, NAKAMURA teaches acquires, from a video distribution apparatus that distributes video (figure 2 item 100 also figures 10-11 item 200), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 1, 4 and 11; face(s) region(s)); a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera detected); and a determination unit that determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera selected); and wherein each partial area is cropped from the video obtained by the image capturing unit (create composite image from taking cropped regions; figure 11 also paragraphs 0136, 0148 – 0149, 0151, 0158, 0161). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of NAKAMURA with the teachings of CUI because in at least paragraphs 0003 and 0147-0148 NAKAMURA teaches that the system outputs images where everyone is smiling as a shutter timing by conducting smile detection or blink detection, thereby improving the imaging of CUI when combined. Regarding claim 15, as mentioned above in the discussion of claim 14, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches a focus adjustment control unit that focuses on the main subject (paragraph 0228). Regarding claim 16, as mentioned above in the discussion of claim 14, CUI in view of NAKAMURA teach all of the limitations of the parent claim. Additionally, CUI teaches an exposure control unit that adjusts exposure to the main subject (paragraph 0088). Regarding claim 17, CUI teaches a video distribution system (figure 1 item 100 with cameras) comprising: a setting unit, implemented by at least one processor and/or circuit (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242), that sets at least one partial area or areas in video shot by an image capturing apparatus (figure 3(1) – 3(3)) comprising: a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of subject within the partial area (paragraphs 0214, 0227 – 0029; focus on to be photographed object); and the image capturing unit that repeatedly shoots and outputs video (figure 1 item 193 and paragraphs 0011, 0032, 0020 – 0023, 0037 – 0039, and 0208); and a distribution unit that selects and distribute any of the video or the video of the partial area (paragraph 0083). However, CUI fails to clearly acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; and determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; and a distribution unit that selects and distributes any of the video or a partial area of the video; wherein each partial area is cropped from the video obtained by the image capturing unit. NAKAMURA, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas; and determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; and a distribution unit that selects and distributes any of the video or a partial area of the video; wherein each partial area is cropped from the video obtained by the image capturing unit. More specifically, NAKAMURA teaches acquires, from a video distribution apparatus that distributes video (figure 2 item 100 also figures 10-11 item 200), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 1, 4 and 11; face(s) region(s)); a calculation unit that calculates a priority of only predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera detected); and determines a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera selected); and a distribution unit that selects and distributes any of the video or a partial area of the video (figure 2 item 100 also figures 10-11 item 200); wherein each partial area is cropped from the video obtained by the image capturing unit (create composite image from taking cropped regions; figure 11 also paragraphs 0136, 0148 – 0149, 0151, 0158, 0161). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of NAKAMURA with the teachings of CUI because in at least paragraphs 0003 and 0147-0148 NAKAMURA teaches that the system outputs images where everyone is smiling as a shutter timing by conducting smile detection or blink detection, thereby improving the imaging of CUI when combined. Regarding claim 18, CUI teaches a video processing method (abstract; photographing method) comprising: detecting a predetermined subject from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); acquiring information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determining a main subject a subject within the partial area (paragraphs 0214, 0227 – 0029; focus on to be photographed object). However, CUI fails to clearly teach acquiring information on a partial area or areas which are candidates for an area of the video to be distributed; calculating a priority of only predetermined subject or subjects present within the partial area or areas; and determining a main subject based on the priority of predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. Ma, on the other hand teaches acquiring information on a partial area or areas which are candidates for an area of the video to be distributed; calculating a priority of only predetermined subject or subjects present within the partial area or areas; and determining a main subject based on the priority of predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. More specifically, NAKAMURA teaches acquiring information on a partial area or areas which are candidates for an area of the video to be distributed ((figures 1, 4 and 11; face(s) region(s)); calculating a priority of only predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera detected); and determining a main subject based on the priority of predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera selected); wherein each partial area is cropped from the video obtained by the image capturing unit (create composite image from taking cropped regions; figure 11 also paragraphs 0136, 0148 – 0149, 0151, 0158, 0161). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of NAKAMURA with the teachings of CUI because in at least paragraphs 0003 and 0147-0148 NAKAMURA teaches that the system outputs images where everyone is smiling as a shutter timing by conducting smile detection or blink detection, thereby improving the imaging of CUI when combined. Regarding claim 19, CUI teaches a non-transitory computer-readable storage medium, the storage medium storing a program that is executable by the computer, wherein the program includes program code for causing the computer to function as (paragraphs 0030, 0047 – 0048, 0085, 0096, 0245 - 0251; and claim 16 of CUI) a video processing apparatus perform: detecting a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); acquiring information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and determining a main subject based on a priority of subject within the partial area (paragraphs 0214, 0227 – 0029; focus on to be photographed object). However, CUI fails to clearly teach acquiring, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; calculating a priority of only predetermined subject or subjects present within the partial area or areas; and determining a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. NAKAMURA, on the other hand teaches acquiring, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; calculating a priority of only predetermined subject or subjects present within the partial area or areas; and determining a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas; wherein each partial area is cropped from the video obtained by the image capturing unit. More specifically, NAKAMURA teaches acquiring, from a video distribution apparatus that distributes video (figure 2 item 100 also figures 10-11 item 200), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 1, 4 and 11; face(s) region(s)); calculating a priority of only predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera detected); and determining a main subject based on the priority of the predetermined subject or subjects present within the partial area or areas (figures 1, 4 and 11; face(s) region(s) who are smiling and/or facing the camera selected); wherein each partial area is cropped from the video obtained by the image capturing unit (create composite image from taking cropped regions; figure 11 also paragraphs 0136, 0148 – 0149, 0151, 0158, 0161). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of NAKAMURA with the teachings of CUI because in at least paragraphs 0003 and 0147-0148 NAKAMURA teaches that the system outputs images where everyone is smiling as a shutter timing by conducting smile detection or blink detection, thereby improving the imaging of CUI when combined. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of NAKAMURA (US PgPub No. 2014/0176764) in view of Hongu (US PgPub NO. 2022/0094840). Regarding claim 4, as mentioned above in the discussion of claim 3, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected. Hongu, on the other hand teaches wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected. More specifically, Hongu teaches wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected (paragraphs 0170 – 0177; time and detecting main subject candidate). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Hongu with the teachings of CUI in view of NAKAMURA because Hongu teaches in at least paragraphs 0146 and 0206 that tracking is improved, thereby improving tracking in CUI in view of NAKAMURA. Claims 6 – 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of NAKAMURA (US PgPub No. 2014/0176764) in view of Tsuji (US PgPub NO. 2014/0185875). Regarding claim 6, as mentioned above in the discussion of claim 5, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area. More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area (figure 6A and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Regarding claim 7, as mentioned above in the discussion of claim 5, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside. More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside (figure 6B and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Regarding claim 8, as mentioned above in the discussion of claim 1, CUI i in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fails to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit. More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit (figure 6A and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Regarding claim 9, as mentioned above in the discussion of claim 1, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas. More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas (figure 6A and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Regarding claim 10, as mentioned above in the discussion of claim 9, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas. Tsuji, on the other hand teaches wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas. More specifically, Tsuji teaches wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas (figure 6B and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Regarding claim 13, as mentioned above in the discussion of claim 1, CUI in view of NAKAMURA teach all of the limitations of the parent claim. However, CUI in view of NAKAMURA fail to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size. More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size (figure 6B and paragraph 0049). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to incorporate the teachings of Tsuji with the teachings of CUI in view of NAKAMURA because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of NAKAMURA. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. IWAMOTO (US PgPub No. 20100091135) teaches a camera with object tracking and processing. Shimada (US Patent No. 9092659) teaches a camera with object tracking and processing. Qian (US Patent No. 11900616) teaches a camera with object tracking and processing. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Usman A Khan whose telephone number is (571)270-1131. The examiner can normally be reached on M - Th 5:30 AM - 2 PM, F 5:30 AM - Noon. 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 on (571)272-7564. 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. Usman Khan /USMAN A KHAN/Primary Examiner, Art Unit 2637 06/15/2026
Read full office action

Prosecution Timeline

May 28, 2024
Application Filed
Oct 27, 2025
Non-Final Rejection mailed — §103
Feb 06, 2026
Response Filed
Mar 02, 2026
Final Rejection mailed — §103
Apr 22, 2026
Response after Non-Final Action
May 20, 2026
Request for Continued Examination
May 22, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
87%
With Interview (+12.2%)
2y 10m (~8m remaining)
Median Time to Grant
High
PTA Risk
Based on 879 resolved cases by this examiner. Grant probability derived from career allowance rate.

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