CTNF 18/746,328 CTNF 83064 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. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter. Claim 18 recites a “program causing a computer to execute…the image file conversion method” in line 1. As this claim is directed to pure software, this does not fall into the statutory categories of patentable subject matter. With regard to claims 1 and 17, the act of converting the first file into a second file with a second format in which additional information is able to be added reflects the improvement ensuring the file is in a format that can utilize additional information for more effective use of the image file. This is outlined in the specification at paragraphs 0005-0007. As such, this integrates the abstract idea into a practical application because the claim improves the functioning of a computer or technical field. Claim Rejections - 35 USC § 103 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, 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) 1-3, 6-8, 13, 14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kimura et al. (US 20120274846) and Matsuzawa et al. (US 2014/0372390) . Regarding claim 1 , Kimura et al. discloses an image file conversion method comprising: an acquisition step of acquiring a first image file including image data in which an object has been recorded (“An imaging device 1 includes a video camera, a digital camera, or the like. A video content of a user or the like captured by the imaging device 1 is transferred to a network 3 such as the Internet via a terminal device 2 such as a personal computer (PC) or directly by WiFi, WiMax, or the like, together with management/recognition information such as a user ID and a password necessary for the user to use a video recognition/secondary content creating platform 4. The video content transferred to the network 3 is input to the video recognition/secondary content creating platform 4 (secondary content provision system 4) which is a server through a video input unit 4a” at paragraph 0047, line 1); a determination step of determining whether or not a first format, which is a file format of the first image file, satisfies a condition (“The video recognition/secondary content creating platform 4 mainly includes a still image/moving image determining unit 10 that determines whether a video content uploaded together with the recognition information such as the user ID and the password from the user's imaging device or terminal device via the network is a still image or a moving image” at paragraph 0054, line 1); and a conversion step of converting the first image file into a second image file whose file format is a second format, in which the additional information is capable of being added, in a case where the first format does not satisfy the condition (“The video standard converting unit 11 is connected to the video dividing unit 12 when the still image/moving image determining unit 10 determines that a video content is a moving image. However, the video standard converting unit 11 is connected to the classification/detection category assigning unit 13 while bypassing the video dividing unit 12 when the still image/moving image determining unit 10 determines that a video content is a still image. Thus, a video section or a section video divided by the video dividing unit 12 may be regarded as including a case of a still image bypassing the video dividing unit 12 as well as a case of a moving image and may be subjected to processing of the classification/detection category assigning unit 13 and subsequent processing” at paragraph 0055; “a classification/detection category to the video section divided by the video dividing unit 12, a metadata creating unit 14 that creates metadata including the classification/detection category, a primary content storing unit 15 that stores a video section file of the video content in association with the metadata as a primary content” at paragraph 0054, line 12). Kimura et al. does not explicitly disclose a condition in which additional information including information related to the object or information of a right related to the first image file is capable of being added. Matsuzawa et al. teaches a method in the same field of endeavor of file management, in which additional information including information related to the object or information of a right related to the first image file is capable of being added (“The possibility information F29 records therein: prohibition information related to a state of a prohibition flag that sets whether or not additional recording of new information or change, with respect to each meta information in the header information storage area F2 and image data storage area F3, by the portable device 300 when the image file is transmitted to the SNS server 200 is possible” at paragraph 0084, line 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the propriety metadata as taught by Matsuzawa et al. during the format determination of Kimura et al. to establish whether the original file may be altered prior to subsequent conversion processing. Regarding claim 17 , Kimura et al. discloses an image file conversion device comprising: a processor (implied processor of creating platform), wherein the processor is configured to execute: an acquisition process of acquiring a first image file including image data in which an object has been recorded (“An imaging device 1 includes a video camera, a digital camera, or the like. A video content of a user or the like captured by the imaging device 1 is transferred to a network 3 such as the Internet via a terminal device 2 such as a personal computer (PC) or directly by WiFi, WiMax, or the like, together with management/recognition information such as a user ID and a password necessary for the user to use a video recognition/secondary content creating platform 4. The video content transferred to the network 3 is input to the video recognition/secondary content creating platform 4 (secondary content provision system 4) which is a server through a video input unit 4a” at paragraph 0047, line 1); a determination process of determining whether or not a first format, which is a file format of the first image file, satisfies a condition (“The video recognition/secondary content creating platform 4 mainly includes a still image/moving image determining unit 10 that determines whether a video content uploaded together with the recognition information such as the user ID and the password from the user's imaging device or terminal device via the network is a still image or a moving image” at paragraph 0054, line 1); and a conversion process of converting the first image file into a second image file whose file format is a second format, in which the additional information is capable of being added, in a case where the first format does not satisfy the condition (“The video standard converting unit 11 is connected to the video dividing unit 12 when the still image/moving image determining unit 10 determines that a video content is a moving image. However, the video standard converting unit 11 is connected to the classification/detection category assigning unit 13 while bypassing the video dividing unit 12 when the still image/moving image determining unit 10 determines that a video content is a still image. Thus, a video section or a section video divided by the video dividing unit 12 may be regarded as including a case of a still image bypassing the video dividing unit 12 as well as a case of a moving image and may be subjected to processing of the classification/detection category assigning unit 13 and subsequent processing” at paragraph 0055; “a classification/detection category to the video section divided by the video dividing unit 12, a metadata creating unit 14 that creates metadata including the classification/detection category, a primary content storing unit 15 that stores a video section file of the video content in association with the metadata as a primary content” at paragraph 0054, line 12). Kimura et al. does not explicitly disclose a condition in which additional information including information related to the object or information of a right related to the first image file is capable of being added. Matsuzawa et al. teaches a device in the same field of endeavor of file management, in which additional information including information related to the object or information of a right related to the first image file is capable of being added (“The possibility information F29 records therein: prohibition information related to a state of a prohibition flag that sets whether or not additional recording of new information or change, with respect to each meta information in the header information storage area F2 and image data storage area F3, by the portable device 300 when the image file is transmitted to the SNS server 200 is possible” at paragraph 0084, line 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the propriety metadata as taught by Matsuzawa et al. during the format determination of Kimura et al. to establish whether the original file may be altered prior to subsequent conversion processing. Regarding claim 2 , Kimura et al. discloses a method wherein the additional information related to the object includes information related to a type of the object and information related to an attribute of the object or a position of the object in an angle of view of the image data (“In step S5, the metadata creating unit 27 creates metadata corresponding to the section video. The metadata is created to include the user ID, section video file information including video content information (an imaging date and time, a content replay time, a file ID before and after division, a division location, a division order, and the like) before and after division, time information of a section video, a classification/detection category, each item of a classification/detection category, and a conformity degree of each item, which are acquired in steps S3 and S4, coordinate information of a relevant part, and the like” at paragraph 0092). Regarding claim 3 , Matsuzawa et al. discloses a method wherein the additional information of the right related to the first image file includes information of whether or not the first image file is capable of being used or modified or information of a right holder related to the first image file (“The copyright information F27 records therein information on an owner of the imaging apparatus 100” at paragraph 0082; “The possibility information F29 records therein: prohibition information related to a state of a prohibition flag that sets whether or not additional recording of new information or change, with respect to each meta information in the header information storage area F2 and image data storage area F3, by the portable device 300 when the image file is transmitted to the SNS server 200 is possible” at paragraph 0084, line 1). Regarding claim 6 , Kimura et al. discloses a method further comprising: an output step of extracting a frame image from video image data and outputting an image file including the image data of the frame image (“Since the still image needs not be divided into section videos, the video section dividing unit 23 is bypassed, and so the still image becomes the section video "as is"” at paragraph 0060, last sentence), wherein, in a case where the image data of the first image file is the video image data and the first format does not satisfy the condition, in the output step, an image file whose file format is the second format is output (“As illustrated in FIG. 3, the video recognition/secondary content creating platform 4 includes a video input unit 21 that receives a video content transmitted together with the user authentication information via the network 3, a video standard converting unit 22 that converts, for example, a video of a DV format or a JPEG vide of a still image into an MPEG2 or uncompressed video, and a video section dividing unit 23 that divides the converted video into section videos such as scenes or shots in which a series of relevant contents are consecutive” at paragraph 0060, line 1). Regarding claim 7 , the Kimura et al. and Matsuzawa et al. combination discloses a method further comprising: an addition step of adding the additional information to the first image file, the addition step being executed in a case where the first format satisfies the condition (“The copyright information F27 records therein information on an owner of the imaging apparatus 100” at paragraph 0082; “The possibility information F29 records therein: prohibition information related to a state of a prohibition flag that sets whether or not additional recording of new information or change, with respect to each meta information in the header information storage area F2 and image data storage area F3, by the portable device 300 when the image file is transmitted to the SNS server 200 is possible” Matsuzawa et al. at paragraph 0084, line 1; given that the original video file of Kimura et al. is able to be modified, it would therefore follow that metadata corresponding to the section video is able to be notated in the metadata structure of the original video file to associate the data together). Regarding claim 8 , Kimura et al. discloses a method further comprising: an addition step of adding the additional information to the second image file (“a classification/detection category to the video section divided by the video dividing unit 12, a metadata creating unit 14 that creates metadata including the classification/detection category, a primary content storing unit 15 that stores a video section file of the video content in association with the metadata as a primary content” at paragraph 0054, line 12; the metadata is created only for the video data). Regarding claim 13 , Kimura et al. discloses a method wherein, in the addition step, history information related to the addition of the additional information is added as the additional information to the image file (“In step S5, the metadata creating unit 27 creates metadata corresponding to the section video. The metadata is created to include the user ID, section video file information including video content information (an imaging date and time, a content replay time, a file ID before and after division, a division location, a division order, and the like) before and after division, time information of a section video, a classification/detection category, each item of a classification/detection category, and a conformity degree of each item, which are acquired in steps S3 and S4, coordinate information of a relevant part, and the like” at paragraph 0092). Regarding claim 14 , the Kimura et al. and Matsuzawa et al. combination discloses a method wherein, in a case where the additional information includes refusal information for refusing a change in the additional information, the addition step for information corresponding to the refusal information in the additional information is not executed (“The copyright information F27 records therein information on an owner of the imaging apparatus 100” at paragraph 0082; “The possibility information F29 records therein: prohibition information related to a state of a prohibition flag that sets whether or not additional recording of new information or change, with respect to each meta information in the header information storage area F2 and image data storage area F3, by the portable device 300 when the image file is transmitted to the SNS server 200 is possible” Matsuzawa et al. at paragraph 0084, line 1). Regarding claim 18 , the Kimura et al. and Matsuzawa et al. combination discloses a program causing a computer to execute each of the acquisition step, the determination step, and the conversion step included in the image file conversion method according to claim 1 (“In some embodiments, a non-transitory computer readable recording medium with an executable program stored thereon is presented. The program instructs a processor provided in an information device that is communicatable via a network and that generates an image file” Matsuzawa et al. at paragraph 0016, line 1; programmed computer is also implied in Kimura et al. to execute the video format conversion) . 07-22-aia AIA Claim (s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kimura et al. and Matsuzawa et al . as applied to claim 1 above, and further in view of Tanaka (US 2008/0030759) . The Kimura et al. and Matsuzawa et al. combination discloses the elements of claim 1 as described above. The Kimura et al. and Matsuzawa et al. combination does not explicitly disclose that the first format has extension information, in the determination step, it is determined whether or not the extension information of the first format is the extension information satisfying the condition, and in a case where the extension information of the first format is not the extension information satisfying the condition, in the conversion step, the first image file is converted into the second image file having the extension information satisfying the condition. Tanaka teaches a method in the same field of endeavor of file conversion, the first format has extension information (“In more detail, the registration controller 110 obtains the name of the electronic file to obtain the MIME Type from an extension included in the name of the electronic file. Alternatively, the registration controller 110 may obtain the MIME Type from a signal input from the input portion, or may obtain the MIME Type by checking binary data in the header section or the like of the electronic file” at paragraph 0034), in the determination step, it is determined whether or not the extension information of the first format is the extension information satisfying the condition (the version of the file is examined in accordance with Table 2), and in a case where the extension information of the first format is not the extension information satisfying the condition, in the conversion step, the first image file is converted into the second image file having the extension information satisfying the condition (“Referring back to FIG. 1, a description of the configuration of the electronic file conversion apparatus 100 will be continued. The conversion registering portion 130 is connected to the file database 120 and the execution notifying portion 140. The conversion registering portion 130 receives the file identification information in association with the program identification information from the execution notifying portion 140” at paragraph 0056; as shown in Table 2, files under the old version are converted to the new version using the listed program). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize an extension check as taught by Tanaka in the determination of the Kimura et al. and Matsuzawa et al. combination as a quick way to determine whether the file is of a particular format that needs to be converted for further processing . 07-22-aia AIA Claim (s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kimura et al. and Matsuzawa et al . as applied to claim 1 above, and further in view of Zeitlin et al. (US 2015/0106478) . The Kimura et al. and Matsuzawa et al. combination discloses the elements of claim 1 as described above. The Kimura et al. and Matsuzawa et al. combination does not explicitly disclose that the first format has version information of a standard related to the addition of the additional information, in the determination step, it is determined whether or not the version information of the first format is the version information satisfying the condition, and in a case where the version information of the first format is not the version information satisfying the condition, in the conversion step, the first image file is converted into the second image file having the version information satisfying the condition. Zeitlin et al. teaches a method in the same field of endeavor of file conversion, wherein the first format has version information of a standard related to the addition of the additional information, in the determination step, it is determined whether or not the version information of the first format is the version information satisfying the condition (“FIG. 4B is a flow diagram illustrating embodiments of a process 208 of checking compatibility in accordance with embodiments of the present technology. As shown in FIG. 4B, the process 208 includes detecting requestor characteristics at stage 230. The requestor characteristics can include at least one of an application type, version, compatible file format(s), a maximum file size, and/or other suitable information” at paragraph 0051, line 1), and in a case where the version information of the first format is not the version information satisfying the condition, in the conversion step, the first image file is converted into the second image file having the version information satisfying the condition (“The process 208 then includes determining compatibility between the requestor and the requested file (or generated data stream) at stage 232. In one embodiment, determining the compatibility can include comparing respective characteristics of the requestor to those of the requested file” at paragraph 0052, line 1; In response to that an indication of compatibility, the process 208 proceeds to returning requested file (or data stream) at stage 232. Otherwise, the process 208 includes providing notification to the requestor at stage 234. Optionally, the process 208 may also include adjusting data attributes based on the determined compatibility at stage 236. For instance, in the previously example, a target file size for the requested file may be reduced from 100 Mb to 32 Mb by extracting a beginning segment of the requested file. In another example, a target file format compatible with the requestor may be assigned to the file request. In further examples, a combination of the foregoing and/or other suitable operations may be performed. The process 208 may then include modifying the requested file (or data stream) based on the adjusted data attributes at stage 238, as described in more detail above with reference to FIG. 4A” at paragraph 0052, line 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize a version check as taught by Zeitlin et al. in the determination of the Kimura et al. and Matsuzawa et al. combination as a quick way to determine whether the file is of a particular format that needs to be converted for further processing . 07-22-aia AIA Claim (s) 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kimura et al. and Matsuzawa et al . as applied to claim 7 above, and further in view of Sano et al. (US 2009/0274369) . Regarding claim 9 , the Kimura et al. and Matsuzawa et al. combination discloses the elements of claim 7 as described above. The Kimura et al. and Matsuzawa et al. combination does not explicitly disclose a decision step of deciding an item of the additional information to be added to the image file in the addition step. Sano et al. teaches a method in the same field of endeavor of file management and file conversion, comprising: a decision step of deciding an item of the additional information to be added to the image file in the addition step (“As the metadata, information such as one or more of area information, width, height, user information, information on installation location of the MFP, and information on the time of the input of the image, etc., may be displayed. Here, in this example, the object has a photograph attribute, and by using morpheme analysis, lexical categories such as nouns and verbs are identified, decomposed, and taken out from OCR information of a character object near the photograph object, and displayed. The result is a character string "TEXT" shown in the region 2401. By pressing the button 2404, metadata can be edited, added, and deleted” at paragraph 0183, line 6; this demonstrates that a user is able to decide if and what metadata should be added to the file). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the user interface as taught by Sano et al. in the system of the Kimura et al. and Matsuzawa et al. combination to allow the user control over what metadata should be added to the file. Regarding claim 10 , the Kimura et al., Matsuzawa et al. and Sano et al. combination discloses a method wherein, in a case where the additional information is capable of being added for a plurality of the items, in the decision step, one mode is selected from at least two modes among a mode in which the additional information is added for the item designated by a user (“By pressing the button 2404, metadata can be edited, added, and deleted” Sano et al. at paragraph 0183, last sentence), a mode in which the additional information is added for a predetermined item (“a classification/detection category to the video section divided by the video dividing unit 12, a metadata creating unit 14 that creates metadata including the classification/detection category, a primary content storing unit 15 that stores a video section file of the video content in association with the metadata as a primary content” Kimura et al. at paragraph 0054, line 12), and a mode in which the additional information is added for all of the plurality of items, and in the addition step, the additional information is added according to the selected one mode (the metadata is added accordingly). Regarding claim 11 , the Kimura et al., Matsuzawa et al. and Sano et al. combination discloses a method wherein, in the addition step, the additional information for a new item set at a second time point after a first time point is added to the image file to which the additional information was added at the first time point (“As the metadata, information such as one or more of area information, width, height, user information, information on installation location of the MFP, and information on the time of the input of the image, etc., may be displayed. Here, in this example, the object has a photograph attribute, and by using morpheme analysis, lexical categories such as nouns and verbs are identified, decomposed, and taken out from OCR information of a character object near the photograph object, and displayed. The result is a character string "TEXT" shown in the region 2401. By pressing the button 2404, metadata can be edited, added, and deleted” Sano et al. at paragraph 0183, line 6; this allows the user to add metadata to existing metadata in the file, which would include previously added metadata from the other mode). Regarding claim 12 , the Kimura et al. and Matsuzawa et al. combination discloses the elements of claim 7 as described above. The Kimura et al. and Matsuzawa et al. combination does not explicitly disclose an addition mode in which related information related to the added additional information is added to the image file to which the additional information has been added is selectable, and in a case where the addition mode is selected, the related information related to the additional information added for a target item is added. Sano et al. teaches a method in the same field of endeavor of file management and file conversion wherein an addition mode in which related information related to the added additional information is added to the image file to which the additional information has been added is selectable, and in a case where the addition mode is selected, the related information related to the additional information added for a target item is added (“As the metadata, information such as one or more of area information, width, height, user information, information on installation location of the MFP, and information on the time of the input of the image, etc., may be displayed. Here, in this example, the object has a photograph attribute, and by using morpheme analysis, lexical categories such as nouns and verbs are identified, decomposed, and taken out from OCR information of a character object near the photograph object, and displayed. The result is a character string "TEXT" shown in the region 2401. By pressing the button 2404, metadata can be edited, added, and deleted” at paragraph 0183, line 6; this demonstrates that a user is able to decide if and what target metadata should be added to the file). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the user interface as taught by Sano et al. in the system of the Kimura et al. and Matsuzawa et al. combination to allow the user control over what metadata should be added to the file . 07-22-aia AIA Claim (s) 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kimura et al. and Matsuzawa et al . as applied to claim 7 above, and further in view of Tagawa (JP2008257471) . Regarding claim 15 , the Kimura et al. and Matsuzawa et al. combination discloses the elements of claim 7 as described above. The Kimura et al. and Matsuzawa et al. combination does not explicitly disclose a setting step of setting a range of the object, to which the additional information is added in the addition step, in an angle of view of the image data. Tagawa teaches a method in the same field of endeavor of image file metadata management, comprising: a setting step of setting a range of the object, to which the additional information is added in the addition step, in an angle of view of the image data (“The subject candidate determination process in step S1702 is a process of determining the subject area in the image that is thought to be the main subject, and is implemented by subject image recognition technology, a method of identifying the subject position using distance measurement points and photometric points, a method of identifying the subject position by key input of the image area (subject area), etc. (subject area selection means)” at paragraph 0112, line 1; “The subject metadata information table 2501 stores information such as image coordinates, ellipse radius, main data, and sub-data for each subject” at paragraph 0131, line 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the object coordinate metadata as taught by Tagawa as additional information in the Kimura et al. and Matsuzawa et al. combination to identify characteristics of the object of interest in the image. Regarding claim 16 , Tagawa discloses a method wherein, in the setting step, the range is set on the basis of an in-focus position in image capture (“The subject candidate determination process in step S1702 is a process of determining the subject area in the image that is thought to be the main subject, and is implemented by subject image recognition technology, a method of identifying the subject position using distance measurement points and photometric points, a method of identifying the subject position by key input of the image area (subject area), etc. (subject area selection means)” at paragraph 0112, line 1; implied that the main subject is in-focus). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATRINA R FUJITA whose telephone number is (571)270-1574. The examiner can normally be reached Monday - Friday 9:30-5:30 pm ET. 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, Sumati Lefkowitz can be reached at 5712723638. 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. /KATRINA R FUJITA/Primary Examiner, Art Unit 2672 Application/Control Number: 18/746,328 Page 2 Art Unit: 2672 Application/Control Number: 18/746,328 Page 3 Art Unit: 2672 Application/Control Number: 18/746,328 Page 4 Art Unit: 2672 Application/Control Number: 18/746,328 Page 6 Art Unit: 2672 Application/Control Number: 18/746,328 Page 7 Art Unit: 2672 Application/Control Number: 18/746,328 Page 8 Art Unit: 2672 Application/Control Number: 18/746,328 Page 9 Art Unit: 2672 Application/Control Number: 18/746,328 Page 10 Art Unit: 2672 Application/Control Number: 18/746,328 Page 11 Art Unit: 2672 Application/Control Number: 18/746,328 Page 12 Art Unit: 2672 Application/Control Number: 18/746,328 Page 13 Art Unit: 2672 Application/Control Number: 18/746,328 Page 14 Art Unit: 2672 Application/Control Number: 18/746,328 Page 15 Art Unit: 2672 Application/Control Number: 18/746,328 Page 16 Art Unit: 2672 Application/Control Number: 18/746,328 Page 17 Art Unit: 2672 Application/Control Number: 18/746,328 Page 19 Art Unit: 2672 Application/Control Number: 18/746,328 Page 20 Art Unit: 2672 Application/Control Number: 18/746,328 Page 21 Art Unit: 2672 Application/Control Number: 18/746,328 Page 22 Art Unit: 2672 Application/Control Number: 18/746,328 Page 23 Art Unit: 2672 Application/Control Number: 18/746,328 Page 24 Art Unit: 2672
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