Prosecution Insights
Last updated: July 17, 2026
Application No. 18/693,631

IMAGING DEVICE, CONTROL METHOD, AND PROGRAM

Final Rejection §103
Filed
Mar 20, 2024
Priority
Oct 04, 2021 — JP 2021-163336 +1 more
Examiner
NAZRUL, SHAHBAZ
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Sony Group Corporation
OA Round
2 (Final)
90%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
584 granted / 649 resolved
+28.0% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
18 currently pending
Career history
670
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
64.3%
+24.3% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§103
CTFR 18/693,631 CTFR 88140 DETAILED ACTION 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. Response to Amendment Claims 1-16, 18, and 19 are pending in the present application. Claims 1-5, 7-16, 18, and 19 are amended, while claim 17 is canceled. Response to Arguments Applicant’s arguments with respect to pending claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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 of this title, 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 Claim (s) 1-16, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over YOSHINO et al (US 20180242829 A1, hereinafter YOSHINO) in view of Hongo et al. (US 20220094840 A1, hereinafter Hongo) . Regarding claim 1, Yoshino discloses an imaging device (camera in fig. 2), comprising; a control unit (300, fig. 2, ¶0043) configured to: perform trigger detection to detect a trigger (detect scene change and stability in steps s109, s209, s211, s312, s412, s414 … in figs. 5, 8, 10-11) in a manual focus state (in MF branch from decision box s101, s201, s301, s401 in figs. 5, 8, 10-11), wherein in the manual focus state (in MF branch from decision box s101, s201, s301, s401 in figs. 5, 8, 10-11), a focus lens driving operation is based on a manual operation (¶0062); determine, based on the detected trigger (detect scene change and stability in steps s109, s209, s211, s312, s412, s414 … in figs. 5, 8, 10-11) and a focus position of the imaging device in the manual focus state (distance estimate in steps s111, s213, s314, s416, etc. in figs. 5, 8, 10-11), a first target for a tracking autofocus process (steps s112, s214, s315, s417, in figs. 5, 8, 10-11. Thus, to facilitate the user operations, a target area of an object needs to be brought into focus (a focusing operation needs to be completed) before the MF control is performed after a focus control mode has switched to the AF mode . – ¶0041. More specifically, the focus control section 315 determines at least one of initial control parameters at the start of the AF control including: a target movement direction, a target movement amount, a target position, and an AF control scheme, based on the distance change information. Then, the focus control section 315 performs the AF control based on the initial control parameter thus determined . – ¶0056. Also see ¶0132-0138); and start, based on the determined first target, the tracking autofocus process ( ibid, steps s112, s214, s315, s417, in figs. 5, 8, 10-11. Thus, to facilitate the user operations, a target area of an object needs to be brought into focus (a focusing operation needs to be completed) before the MF control is performed after a focus control mode has switched to the AF mode . – ¶0041. More specifically, the focus control section 315 determines at least one of initial control parameters at the start of the AF control including: a target movement direction, a target movement amount, a target position, and an AF control scheme, based on the distance change information. Then, the focus control section 315 performs the AF control based on the initial control parameter thus determined . – ¶0056. Also see ¶0132-0138). As mapped above Yoshino discloses all the limitations of claim 1. However, with a narrower interpretation, the trigger is not defined as broad as a user operation to designate a position in a screen for designating a subject for AF operation. Furthermore, although Yoshino discloses that focus control section 315 determines at least one of initial control parameters at the start of the AF control including: a target movement direction, a target movement amount, a target position, and an AF control scheme, based on the distance change information – which potentially meets the criterion for determining first target for a tracking autofocus process, and explicit mention of tracking autofocus process is not disclosed in Yoshino. However, Hongu discloses a focus adjustment method (abstract) wherein a main subject is changed while the MF operation is performed, by setting the lock-on flag on the changed subject to prevent the main subject from being changed when the AF frame is set after the MF operation is completed (¶0125). The setting of the main subject is done by a user on the touch screen of the camera (¶0066, ¶0147-0155, 0161, 0163-0164). Hongu further discloses that the tracking process is to maintain autofocus on a designated main subject (¶0050, 0052, 0146, 0152-0155). 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 modify the invention of Yoshino with the teaching of Hongu of designating a main subject during an MF operation by a user on a touch screen, and thereafter tracking the main subject in AF operation when MF operation is completed, because, in such case it is possible to prevent the main subject from being changed when the AF frame is set after the MF operation is completed (¶0125), thus improving efficiency of the overall focusing mechanism of the camera system. Regarding claim 2, Yoshino in view of Hongh discloses the imaging device according to claim 1, wherein the trigger includes a user operation to designate a position in a screen that displays an image ( Hongu : ¶0066, ¶0147-0155, 0161, 0163-0164). Regarding claim 3, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the trigger includes a user operation of a specific operation element ( Hongu : As a subject designation method, for example, a method of designating the subject on a touch panel or a method of designating the subject by pressing a cross key whose direction and pressed state are detected may be considered . – ¶0066). Regarding claim 4, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to perform an object detection process on an image ( Hongu: A focus adjustment apparatus comprises a detection unit that detects one or more main subject candidates for a main subject from image signals based on a predetermined first condition … – Abstract. ¶0152-0155), and generation of the trigger is based on the object detection process ( Yoshino: detect scene change and stability in steps s109, s209, s211, s312, s412, s414 … in figs. 5, 8, 10-11; Hongu : ¶0125. Also see the combination of references made in claim 1). Regarding claim 5, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein generation of the trigger is based on sensing information ( Yoshino: In step S 606 , an alternative subject identifying process for identifying the changing of the main subject is performed based on the operation information of the lens unit 10 and the focus detection result , and the process proceeds to step S 607 . The process of step S 606 will be described later with reference to FIG. 7. – ¶0121. Also see subject identification process in fig. 7 and corresponding section in ¶0127-0138, where depth of focus is calculated to determine potential main subject candidate). Regarding claim 6, Yoshino in view of Hongu discloses the imaging device according to claim 5, wherein the sensing information includes depth information for a subject ( Hongu: ¶0125-0128). Regarding claim 7, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to set an in-plane range as an area in an image plane of an image ( Yoshino: ¶0082-0083, Hongu: FIG. 4A shows a method of setting the focus detection frames while the MF operation is not performed, and focus detection frames 405 , 406 , and 407 are set for the subjects 401 , 402 , and 403 according to the sizes of the subjects . This setting method has the following merits. – ¶0088, fig. 4a. Also see figs. 9-11, and corresponding descriptions thereof. In step S 802 , it is determined whether or not there are a plurality of main subject candidates within the predetermined range of the touch position, and if it is determined that there is only one person, the process proceeds to step S 803 , and if it is determined that there are a plurality of persons, the process proceeds to step S 804 . – ¶0148), and generation of the trigger is based on the set in-plane range ( Hongu: Yoshino: detect scene change and stability in steps s109, s209, s211, s312, s412, s414 … in figs. 5, 8, 10-11; Hongu : ¶0125. Also see the combination of references made in claim 1). Regarding claim 8, Yoshino in view of Hongu discloses the imaging device according to claim 7, wherein the control unit is further configured to perform presentation control of the in-plane range ( Hongu: FIG. 10B shows a case where the focus lens 103 is driven in the direction toward a position at which the first subject 1001 will be in focus from the state in which the second subject 1002 is in focus by the MF operation. When the focus detection result DEF_Main of the second subject 1002 becomes larger than the changing threshold DEF_Th, the main subject flag is cleared. Therefore, in step S 211 , instead of the main subject frame 1004 indicating that the subject is the main subject, a candidate frame 1006 indicating that the subject is the main subject candidate is displayed. – ¶0140). Regarding claim 9, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to set a depth range that includes range of a distance to a subject ( Hongu: In step S702, the depth of focus is calculated from the information obtained from the lens control unit 106, and N times the depth of focus is set as a changing threshold DEF_Th. This changing threshold DEF_Th is a threshold value for determining whether the user wants to change the subject when the amount of blur of the main subject becomes N times the depth of focus or more. Note that this threshold value is an example, and may be another value as long as it can detect the change of the main subject. – ¶0128), and generation of the trigger is based on the set depth range ( Hongu: ¶0125-0128). Regarding claim 10, Yoshino in view of Hongu discloses the imaging device according to claim 9, wherein the control unit is further configured to perform presentation control of the depth range ( Hongu: In step S702, the depth of focus is calculated from the information obtained from the lens control unit 106, and N times the depth of focus is set as a changing threshold DEF_Th. This changing threshold DEF_Th is a threshold value for determining whether the user wants to change the subject when the amount of blur of the main subject becomes N times the depth of focus or more. Note that this threshold value is an example, and may be another value as long as it can detect the change of the main subject. – ¶0128 FIG. 10B shows a case where the focus lens 103 is driven in the direction toward a position at which the first subject 1001 will be in focus from the state in which the second subject 1002 is in focus by the MF operation. When the focus detection result DEF_Main of the second subject 1002 becomes larger than the changing threshold DEF_Th, the main subject flag is cleared. Therefore, in step S 211 , instead of the main subject frame 1004 indicating that the subject is the main subject, a candidate frame 1006 indicating that the subject is the main subject candidate is displayed. – ¶0140). Regarding claim 11, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to determine, based on position in a plane of an image, a second target for the tracking autofocus process ( Hongu: In step S 802 , it is determined whether or not there are a plurality of main subject candidates within the predetermined range of the touch position, and if it is determined that there is only one person, the process proceeds to step S 803 , and if it is determined that there are a plurality of persons, the process proceeds to step S 804 . – ¶0148), and designation of the position is based on a specific operation ( Hongu : As a subject designation method, for example, a method of designating the subject on a touch panel or a method of designating the subject by pressing a cross key whose direction and pressed state are detected may be considered . – ¶0066). Regarding claim 12, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to: set an in-plane range as an area in an image plane of an image ( Hongu: In step S 802 , it is determined whether or not there are a plurality of main subject candidates within the predetermined range of the touch position, and if it is determined that there is only one person, the process proceeds to step S 803 , and if it is determined that there are a plurality of persons, the process proceeds to step S 804 . – ¶0148); and determine, based on the set in-plane range, a second target for the tracking autofocus process ( ibid, ¶0148). Regarding claim 13, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to: set a depth range that includes a range of a distance to a subject ( Hongu: In step S702, the depth of focus is calculated from the information obtained from the lens control unit 106, and N times the depth of focus is set as a changing threshold DEF_Th. This changing threshold DEF_Th is a threshold value for determining whether the user wants to change the subject when the amount of blur of the main subject becomes N times the depth of focus or more. Note that this threshold value is an example, and may be another value as long as it can detect the change of the main subject. – ¶0128); and determine, based on the set depth range, a second target for the tracking autofocus process ( ibid , ¶0128). Regarding claim 14, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to: determine depth information for a subject ( Hongu: ¶0125-0128); and determine, based on the determined depth information, a second target for the tracking autofocus process ( Hongu: ¶0128). Regarding claim 15, Yoshino in view of Hongu discloses the imaging device according to claim 1, wherein the control unit is further configured to: perform an object detection process on an image ( Hongu: A focus adjustment apparatus comprises a detection unit that detects one or more main subject candidates for a main subject from image signals based on a predetermined first condition … – Abstract. ¶0152-0155); and determine, based on the performed object detection process, a second target for the tracking autofocus process ( Hongu: A focus adjustment apparatus comprises a detection unit that detects one or more main subject candidates for a main subject from image signals based on a predetermined first condition … – Abstract. Also see ¶0161). Regarding claim 16, Yoshino in view of Hongu discloses the imaging device according to claim 15, wherein the control unit is further configured to: obtain a plurality of detection objects based on the performed object detection process ( Hongu: On the other hand, by efficiently acquiring the focus detection results of a plurality of subjects while the MF operation is performed, it is possible to quickly respond to the changing of the main subject. – ¶0095); sets a detection object from the plurality of detection objects as the second target for the tracking autofocus process ( Hongu: Next, the main subject candidate determination process performed in step S 204 will be described with reference to FIGS. 5A and 5B. This process is performed by the camera control unit 207 for setting the main subject candidate flag on a subject that is a candidate for the main subject among the subjects detected in step S 203 . The main subject candidate flag is a flag that indicates a subject which may be determined as the main subject among the subjects found as face detection results. – ¶0096). 17. (Canceled) Regarding claim(s) 18-19, although wording is different, the material is considered substantively equivalent to the device claim(s) 1 as described above (for claim 19, non-transitory computer-readable medium is disclosed in Yoshino ¶0068, and ¶0193). Conclusion The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – HONGU et al. (US 20240015390 A1), Toyoda et al. (US 20210243373 A1), Tomosada et al. (US 20190373180 A1) – who disclose different transition mechanisms between AF and MF modes of focusing. 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 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, Lin Ye can be reached on 571-272-7372. 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. /SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638 Application/Control Number: 18/693,631 Page 2 Art Unit: 2638 Application/Control Number: 18/693,631 Page 3 Art Unit: 2638 Application/Control Number: 18/693,631 Page 4 Art Unit: 2638 Application/Control Number: 18/693,631 Page 5 Art Unit: 2638 Application/Control Number: 18/693,631 Page 6 Art Unit: 2638 Application/Control Number: 18/693,631 Page 7 Art Unit: 2638 Application/Control Number: 18/693,631 Page 8 Art Unit: 2638 Application/Control Number: 18/693,631 Page 9 Art Unit: 2638 Application/Control Number: 18/693,631 Page 10 Art Unit: 2638 Application/Control Number: 18/693,631 Page 11 Art Unit: 2638 Application/Control Number: 18/693,631 Page 12 Art Unit: 2638 Application/Control Number: 18/693,631 Page 13 Art Unit: 2638 Application/Control Number: 18/693,631 Page 14 Art Unit: 2638 Application/Control Number: 18/693,631 Page 15 Art Unit: 2638
Read full office action

Prosecution Timeline

Mar 20, 2024
Application Filed
Dec 22, 2025
Non-Final Rejection mailed — §103
Mar 19, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
90%
Grant Probability
95%
With Interview (+5.3%)
1y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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