Prosecution Insights
Last updated: April 19, 2026
Application No. 18/704,673

IMAGING CONTROL DEVICE, IMAGING DEVICE, AND PROGRAM

Non-Final OA §102
Filed
Jan 09, 2025
Examiner
LEE, Y YOUNG
Art Unit
2485
Tech Center
2400 — Computer Networks
Assignee
Nikon Corporation
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
3y 1m
To Grant
73%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allow Rate
200 granted / 418 resolved
-10.2% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
13 currently pending
Career history
431
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
35.0%
-5.0% vs TC avg
§102
37.5%
-2.5% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 418 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to because all diagrams and features in Figures 1-3, 8, and 10 are required to be distinctly labeled to indicate contents or function with legends (37 C.F.R. 1.83(a), 1.84(o)) since they are necessary for understanding of the drawing. Correction is required. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: imaging control device configured to track the subject overlapping a set position. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claim 19 is objected to because of the following informalities: line 1, after program, --stored in a non-transitory computer readable medium—should be inserted. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirigaya (5,227,828). Kirigaya, in Figs. 1-3 and 10, discloses an automatic focusing device for camera lens that is the same imaging control device as specified in claim 1, comprising a position setting unit 29 configured to set a first position (e.g. Fig. 3, behind tree) indicating a position at which tracking of a subject 32 starts in an imaging range 21 in which the subject is imaged; and a tracking control unit 20 configured to track the subject on the basis of a result of detection (e.g. Fig. 3) of the subject overlapping the first position set by the position setting unit (col. 5, line 35 – col. 68, line 10). Regarding claim 2 Kirigaya discloses the imaging control device according to claim 1, wherein the result of detection of the subject includes at least one of a face, a size, a motion, and an orientation of the subject (e.g. 32, 35). Regarding Claim 3. The imaging control device according to claim 1, wherein the first position is set on the basis of distance information 21 in a depth direction of the imaging range and/or a predetermined imaging area in the imaging range (e.g. Fig. 2). Regarding Claim 4. The imaging control device according to claim 1, wherein the first position is set on the basis of focus information 13 of the subject and/or a predetermined imaging area in the imaging range. Regarding Claim 5. Wherein the tracking of the subject includes tracking of focusing 13 on the subject and maintaining an in-focus state 28. Regarding Claim 6. The imaging control device according to claim 1, wherein the tracking control unit returns the position at which tracking starts to the first position when a predetermined ending condition (e.g. farther away from the rock) is satisfied (e.g. col. 5, line 35 – col. 6, line 10).. Regarding Claim 7. The imaging control device according to claim 1, wherein the position setting unit sets a second position (e.g. Fig. rock) indicating a position at which imaging of the subject starts, wherein the imaging control device further comprises an imaging control unit 20 configured to start imaging of the subject overlapping the second position after tracking of the subject has started. Regarding claim 8. The imaging control device according to claim 7, wherein the first position and the second position are positions 23 separated from each other in a depth direction of the imaging range 21. Regarding claim 9. (Currently Amended) The imaging control device according to claim 7, wherein the tracking control unit ends tracking of the subject when a predetermined ending condition is satisfied (e.g. Fig. 3, behind rock), and wherein the imaging control unit ends imaging of the subject 32 when the predetermined ending condition is satisfied (e.g. Fig. 3, behind rock). Regarding claim 10. (Original) The imaging control device according to claim 9, wherein the predetermined ending condition for ending tracking of the subject 32 is set such that tracking of the subject ends after imaging of the subject has ended (e.g. Fig. 3, behind rock). Regarding claim 11. (Original) The imaging control device according to claim 10, wherein the predetermined ending condition is a condition based on at least one of a condition that a predetermined number of images are captured, a condition that the subject overlaps an end position set in the imaging range, a condition that the subject is not detected from the imaging range, a condition that the subject adopts a predetermined motion or orientation, and a condition that a predetermined elapses (e.g. Fig. 3, subject behind the rock). Regarding claim 12. (Currently Amended) The imaging control device according to claim 7,further comprising a display control unit configured to display at least one of a first object 33 indicating a tracking position of the tracking control unit and a second object 34 indicating imaging by the imaging control unit to overlap an image of the subject (e.g. Fig. 3). Regarding 13. (Original) The imaging control device according to claim 12, wherein the display control unit displays the first object and the second object in different display modes (e.g. L1 and L2). Regarding 14. (Currently Amended) The imaging control device according to claim 5, wherein, when the tracking of focusing on the subject and maintaining the in-focus state is performed, the tracking control unit detects a subject 32 which is a candidate on which the tracking of focusing on the subject and maintaining the in-focus state is to be performed after the subject overlaps the first position before the subject overlaps the first position (e.g. Fig. 3, between the tree and the rock). Regarding 15. (Currently Amended) The imaging control device according to claim 1, wherein the position setting unit sets a position 28 received from a user 27 as the first position. Regarding 16. (Currently Amended) The imaging control device according to claim 1, wherein the position setting unit sets a position received from a user 27 as a prohibition position 23 at which the subject is not tracked. Regarding 17. (Currently Amended) An imaging device comprising the imaging control device 20 according to claim 1. Regarding 18. (Original) The imaging device according to claim 17, further comprising: a display unit (e.g. Fig. 3) configured to display an imaging result of a subject 32; and an input unit configured to receive an input from a user 211 by allowing the user to touch the display unit, wherein the position setting unit sets an area (e.g. Fig. 3, between tree and rock) received from the user by the input unit as the first position. Regarding 19. (Original) A program causing a computer used in an imaging control device 20 to serve as: a position setting unit 29 configured to set a first position (e.g. Fig. 3, tree) indicating a position at which tracking of a subject 32 starts in an imaging range 33 in which the subject is imaged; and a tracking control unit 20 configured to track the subject on the basis of a result 29 of detection 21 of the subject overlapping the first position set by the position setting unit. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20260019698 A1 discloses IMAGE PROCESSING APPARATUS, AND CONTROL METHOD OF IMAGE PROCESSING APPARATUS US 12526518 B2 discloses Shooting Method And Related Device Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNG LEE whose telephone number is (571)272-7334. The examiner can normally be reached 571-272-7334. 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. /Y LEE/Primary Examiner, Art Unit 2485
Read full office action

Prosecution Timeline

Jan 09, 2025
Application Filed
Jan 19, 2026
Non-Final Rejection — §102 (current)

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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
48%
Grant Probability
73%
With Interview (+25.5%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 418 resolved cases by this examiner. Grant probability derived from career allow rate.

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