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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/19/2024 and 11/5/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of species I corresponding to figures 1-6 and claims 1-11 and 14-17 in the reply filed on 11/21/2025 is acknowledged.
Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/21/2025.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 9 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stricker US 2017/0257559.
Re claims 1 and 16-17, Stricker discloses an image capturing control apparatus (electronic device 100), a control method of an image capturing control apparatus (100), and a computer-readable recording medium storing a program for causing a computer to function as the control unit of the image capturing control apparatus (100) comprising: one or more processors (CPUs 220); and a memory (202) storing instructions which, when executed by the one or more processors (figure 1; paragraphs 37-40), cause the image capturing control apparatus to function as: a touch detection unit (touch sensitive display 212 includes touch detection unit) configured to detect a touch operation on a display unit (202) (paragraphs 42-43); and a control unit configured to control recording of an image captured by an imaging unit (cameras 191a, 191b), and a stop of the recording in accordance with a touch operation detected by the touch detection unit (touch input gestures are input on shutter buttons 420, 610 to start and stop image recording) (figures 9A,9B; paragraphs 44, 89-94), wherein, in a case where recording of an image captured by the imaging unit is not being performed, the control unit controls recording of an image captured by the imaging unit, to be started in accordance with a touch operation on a first region (entire area of touch sensitive display region 212) in the display unit (touch input 920 is performed on second shutter button 610 at second location 625 to start capturing a video stream) (figures 9A,9B; paragraph 94), and wherein, in a case where recording of an image captured by the imaging unit is being performed, the control unit controls recording of an image captured by the imaging unit, to be stopped in accordance with a touch operation on a second region (420,433) included in the first region (212) (touch input 930 is performed on first shutter button 420 at first location 422 to stop capturing a video stream) (figures 9A, 9B; paragraph 94).
Re claim 2, Stricker further discloses that in a case where recording of an image captured by the imaging unit is being performed, in a case where a touch operation is performed at a position that is included in the first region and exists outside the second region, the control unit controls recording of an image captured by the imaging unit, to be continued (video stream capture is continued until a touch input 930 is performed on first shutter button 420 at first location 422 and at that point video stream capture is stopped) (figures 9A, 9B; paragraph 94).
Re claim 9, Stricker further discloses that a position of the center of the first region (entire area of the touch sensitive display region 212) and a position of a center of the second region (420, 422) are different (figures 9A,9B; paragraphs 89-94).
Re claim 14, Stricker further discloses a communication unit (I/O subsystem 206) to communicate with the imaging unit (191a, 191b) (I/O subsystem 206 communicates with cameras 191a, 191b) (figure 2; paragraphs 38-44), wherein an image and information regarding the imaging unit that have been received from the imaging unit via the communication unit are displayed on the display unit (display 212 is coupled to outputs of cameras 191a, 191b and captured image data is displayed on display 212) (figure 2; paragraphs 38-44).
Re claim 15, Stricker further discloses that an image to be captured by the imaging unit (camera 191a, 191b) is any image of a moving image, a panoramic image and a still image to be consecutively captured (video stream images are captured) (figure 2; paragraphs 44, 89-94).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claims 3-8 are rejected under 35 U.S.C. 103 as being unpatentable over Stricker US 2017/0257559 in view of Manzari et al. US 2023/0118567.
Re claim 3, Stricker discloses all of the limitations of claim 1. In addition, Stricker further discloses a display control unit configured to control display on the display unit (graphics module 232 displays and adjusts graphics on display 212) (paragraph 51), the display control unit displays a first operation unit corresponding to the first region (second shutter button 610 is displayed at second location on touch sensitive display region 212) (figures 9A,9B; paragraphs 89-94) and further discloses that a single shutter button or two separate shutter buttons may be used to instruct both starting and stopping video capture (paragraph 94). However, although the Stricker reference discloses all of the limitations above, it fails to specifically disclose that a display mode of the first operation unit is changed between a case where recording of an image captured by the imaging unit is not being performed and a case where recording of an image is being performed.
Manzari discloses that it is well known in the imaging art for an image capturing apparatus to include a touch sensitive display wherein in response to detecting a tap input on a shutter button 610H video recording begins and a display shape of the button 610H is changed from a circle shape to a square shape when video recording is being performed (figures 6C, 6D; paragraph 189). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of changing a shape of a displayed operation unit on a touch sensitive display according to whether or not recording of an image is being performed as disclosed by the Manzari reference in the image capturing control apparatus disclosed by the Stricker reference. Doing so would provide a means for allowing a user to easily identify whether or not an image is currently being recorded by viewing the shape of a shutter button displayed on a touch screen display.
Re claim 4, Manzari further discloses that the display control unit changes at least one of a shape, a color, and a line width of the first operation unit between a case where recording of an image captured by the imaging unit is not being performed and a case where recording of an image is being performed (in response to detecting a tap input on a shutter button 610H video recording begins and a display shape of the button 610H is changed from a circle shape to a square shape when video recording is being performed) (figures 6C, 6D; paragraph 189).
Re claim 5, Stricker further discloses that in a case where recording of an image captured by the imaging unit is being performed, the display control unit changes a display mode of the first operation unit in such a manner as to indicate to a user that a touch operation on the first operation unit is disabled (when a flag is set indicating image capture in progress motion module 232 disables detection of some input gestures) (paragraph 91).
Re claim 6, Manzari further discloses that in a case where recording of an image captured by the imaging unit is being performed, the display control unit changes a display mode of the first operation unit in such a manner as not to display the first operation unit (when image recording is started the original circular shaped version of the shutter button 610H is not being displayed and a new version of the shutter button 610H with a square shape is displayed) (figures 6C, 6D; paragraph 189).
Re claim 7, Stricker discloses all of the limitations of claim 1. In addition, Stricker further discloses a display control unit configured to control display on the display unit (graphics module 232 displays and adjusts graphics on display 212) (paragraph 51), the display control unit displays a second operation unit corresponding to the second region (touch input 930 is performed on first shutter button 420 at first location 422 on touch sensitive display region 212) (figures 9A,9B; paragraphs 89-94) and further discloses that a single shutter button or two separate shutter buttons may be used to instruct both starting and stopping video capture (paragraph 94). However, although the Stricker reference discloses all of the limitations above, it fails to specifically disclose that a display mode of the second operation unit is changed between a case where recording of an image captured by the imaging unit is not being performed and a case where recording of an image is being performed.
Manzari discloses that it is well known in the imaging art for an image capturing apparatus to include a touch sensitive display wherein in response to detecting a tap input on a shutter button 610H while video recording is occurring, video recording stops and a display shape of the button 610H is changed from a square shape to a circle shape when video recording is stopped (figures 6F, 6G; paragraph 192). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of changing a shape of a displayed operation unit on a touch sensitive display according to whether or not recording of an image is being performed as disclosed by the Manzari reference in the image capturing control apparatus disclosed by the Stricker reference. Doing so would provide a means for allowing a user to easily identify whether or not an image is currently being recorded by viewing the shape of a shutter button displayed on a touch screen display.
Re claim 8, Manzari further discloses that the display control unit changes at least one of a shape, a color, and a line width of the first operation unit between a case where recording of an image captured by the imaging unit is not being performed and a case where recording of an image is being performed (in response to detecting a tap input on a shutter button 610H video recording begins and a display shape of the button 610H is changed from a circle shape to a square shape when video recording is being performed and back to a circle shape when recording is not being performed) (figures 6C, 6D; paragraphs 189-192).
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Re claim 10, the prior art fails to teach or suggest an image capturing control apparatus having the specific configurations disclosed in claim 10, wherein the image capturing control apparatus comprises: one or more processors; and a memory storing instructions which, when executed by the one or more processors, cause the image capturing control apparatus to function as: a touch detection unit configured to detect a touch operation on a display unit; and a control unit configured to control recording of an image captured by an imaging unit, and a stop of the recording in accordance with a touch operation detected by the touch detection unit, wherein, in a case where recording of an image captured by the imaging unit is not being performed, the control unit controls recording of an image captured by the imaging unit, to be started in accordance with a touch operation on a first region in the display unit, and wherein, in a case where recording of an image captured by the imaging unit is being performed, the control unit controls recording of an image captured by the imaging unit, to be stopped in accordance with a touch operation on a second region included in the first region, wherein a position of a center of the first region and a position of a center of the second region are different, wherein a distance from an end of a touch reception region in which a touch operation on the display unit can be received, to the center of the second region is longer than a distance from the end of the touch reception region to the center of the first region. The prior art fails to specifically disclose an image capturing control apparatus including a touch display apparatus including shutter buttons in the specific configuration in the claims, figures, and the specification.
Re claim 11, the prior art fails to teach or suggest an image capturing control apparatus having the specific configurations disclosed in claim 11, wherein the image capturing control apparatus comprises: one or more processors; and a memory storing instructions which, when executed by the one or more processors, cause the image capturing control apparatus to function as: a touch detection unit configured to detect a touch operation on a display unit; and a control unit configured to control recording of an image captured by an imaging unit, and a stop of the recording in accordance with a touch operation detected by the touch detection unit, wherein, in a case where recording of an image captured by the imaging unit is not being performed, the control unit controls recording of an image captured by the imaging unit, to be started in accordance with a touch operation on a first region in the display unit, and wherein, in a case where recording of an image captured by the imaging unit is being performed, the control unit controls recording of an image captured by the imaging unit, to be stopped in accordance with a touch operation on a second region included in the first region, wherein a position of a center of the first region and a position of a center of the second region are different, wherein a distance from an outline of a third operation unit displayed adjacently to the first region, to the center of the second region is longer than a distance from the outline of the third operation unit to the center of the first region. The prior art fails to specifically disclose an image capturing control apparatus including a touch display apparatus including shutter buttons in the specific configuration in the claims, figures, and the specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Penha et al. US 2016/0360116 discloses an electronic device including a camera and a touch screen including a shutter button that changes in appearance when capturing images.
Odaira et al. US 2017/0272591 discloses an information capturing device including a touch screen and separate operation members for instructing starting and stopping of image scanning operations.
Takeichi US 2021/0306552 discloses an image capturing device including a customizable touch screen display.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699