Prosecution Insights
Last updated: July 17, 2026
Application No. 18/767,246

IMAGE CAPTURE APPARATUS, CONTROL METHOD FOR IMAGE CAPTURE APPARATUS, AND NON-TRANSITORY COMPUTER-READABLE STORAGE MEDIUM STORING COMPUTER PROGRAM

Final Rejection §103
Filed
Jul 09, 2024
Priority
Aug 10, 2023 — JP 2023-131469
Examiner
SPINKS, ANTOINETTE T
Art Unit
2639
Tech Center
2600 — Communications
Assignee
Canon Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
669 granted / 928 resolved
+10.1% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
958
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
81.9%
+41.9% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 928 resolved cases

Office Action

§103
CTFR 18/767,246 CTFR 84542 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 The amendment filed on March 19, 2026 in response to the previous Office Action (01/20/2026) is acknowledged and has been entered. Claims 1 – 6 and 10 – 20 are currently pending. Claims 7 – 9 are cancelled. Response to Arguments Applicant’s arguments with respect to 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 07-20-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 – 4, 6, 10 – 14, 16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino in view of Hosoda (US 8,098,292) . Regarding claim 1, Yoshino discloses an image capture apparatus comprising: one or more memories storing instructions; and one or more processors executing the instructions to: capture an image (¶54); control an image capturing direction of the image capture apparatus (¶54-55); output the captured image (¶56); output first data indicating the image capturing direction of the image capture apparatus (¶56: camera operation information such as the position and orientation of the camera and the lens operation when the user 4 is operating the camera is detected; This is transmitted to the virtual space image creating means 12. If the captured video is a moving image, the camera operation information is updated and transmitted in real time for each moving image frame ); and in a case where the output image is a moving image, update the first data according to a change of the image capturing direction of the image capture apparatus (¶56-58: If the captured video is a moving image, the camera operation information is updated and transmitted in real time for each moving image frame. Since the camera operation information does not change when the user 4 stops the camera operation, the drawing information is not updated and the previous information can be maintained ). Yoshino also teaches that the camera operation information does not change when the user 4 stops the camera operation, the drawing information is not updated and the previous information can be maintained and causes the output unit to output the updated first data (¶56-58). Yoshino fails to explicitly disclose wherein, in a case where the image is a still image, the first data is not updated even if the image capturing direction of the image capture apparatus is changed. In a similar field of endeavor, Hosoda teaches a method of capturing still image during capture of moving image wherein even if the user changes the field angle and the capturing angle upon capturing of the still image, they are returned to the original field angle and the original capturing angle when the capturing is returned to the moving image capturing, so that the user can acquire the moving image without uncomfortable. In other words, since the field angle is completely retained and the angle is completely returned, upon restart of capturing of the moving image, it is possible to coincide the field angle and the framing of the moving image changed upon capturing of the still image with the original angle and the original framing (c.11, ll.43-48). In light of the teaching of Hosoda, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to use Hosoda’s teaching in Yoshino’s system because an artisan of ordinarily skill would recognize that this would result in preventing the generation of an uncomfortable feeling of the user between the moving image before capturing of the still image and the moving image of which capturing is restarted just after termination of the still image capturing. Regarding claim 2, Yoshino in view of Hosoda discloses the limitations of claim 1. Yoshino also teaches wherein in the case where the image is the moving image, the first data is updated to be associated with each frame image of the moving image (¶56-58: If the captured video is a moving image, the camera operation information is updated and transmitted in real time for each moving image frame ). Regarding claim 3, Yoshino in view of Hosoda discloses the limitations of claim 1. Yoshino also teaches wherein data relating to at least one of a field of view and an image capturing effect is output (¶56-58: a viewpoint for rendering a virtual space image in the three-dimensional CG program 20 based on the transmitted camera operation information, that is, information on the camera operation such as the camera position, shooting direction, and lens aperture ). Regarding claim 4, Yoshino in view of Hosoda discloses the limitations of claim 1. Yoshino also teaches wherein the one or more processors further execute the instructions to output data indicating a position of the image capture apparatus (¶19, 39, 47: changes in position, information relating to changes in the camera's shooting direction (angle), and information relating to camera settings such as screen zoom, focus, and lens aperture. ). Regarding claim 6, Yoshino in view of Hosoda discloses the limitations of claim 3. Hosoda also teaches wherein the one or more processors further execute the instructions to update, in the case where the image output is the still image, data different from first data (c.11, ll.23-37). Claim 10 and 11 rejected as applied to claim 1 above. The method steps as claimed would have been implied by the apparatus of Yoshino in view of Hosoda. Regarding claim 12, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein the one or more processors further execute the instructions to output data indicating zoom of the image capture apparatus (c.8, ll. 12-18). Regarding claim 13, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein the one or more processors further execute the instructions to output data indicating focus of the image capture apparatus (c.5, ll.3-25). Regarding claim 14, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein the one or more processors further execute the instructions to output data indicating iris of the image capture apparatus (c.5, ll.3-25). Regarding claim 16, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein the one or more processors further execute the instructions to output data indicating gain (c.5, ll. 25-42). Regarding claim 18, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein the one or more processors further execute the instructions to output data indicating an image capturing condition setting (c.9, ll. 10-17). Regarding claim 20, Yoshino in view of Hosoda discloses the limitations of claim 1. Hosoda also teaches wherein whether the output image is the moving image or the still image is selected by the user (c.4, ll. 45-55) . 07-21-aia AIA Claim (s) 5, 15, 17 rejected under 35 U.S.C. 103 as being unpatentable over Yoshino in view of Hosoda in view of Examiner’s Official Notice (MPEP § 2144.03) . Regarding claim 5, Yoshino in view of Hosoda discloses all the aforementioned limitations of claim 1. The combination fails to explicitly disclose wherein the control unit generates the first data including information of time relating to output of the still image. However, the Examiner respectfully takes Official Notice that both the concepts and advantages of embedding time data in still images are well known and expected in the art. Thus, before the effective filing date, the Examiner respectfully submits it would have been obvious to one with ordinary skill in the art to have included the teachings of time data included in metadata of a still image into the disclosure of Yoshino to arrive at Applicant's claimed invention. An example can be found in Suito (US 20080166021) which teaches the shot time D is encoded and recorded by JPEG scheme along with the data of the still image by embedding the shot time D as a part of shooting information in the file format of EXIF (Exchangeable Image File Format) (¶88, 120). Regarding claim 15, Yoshino in view of Hosoda discloses all the aforementioned limitations of claim 1. The combination fails to explicitly disclose wherein the one or more processors further execute the instructions to output data indicating iris of the image capture apparatus. However, the Examiner respectfully takes Official Notice that both the concepts and advantages of performing and outputting white balance data are well known and expected in the art. Thus, before the effective filing date, the Examiner respectfully submits it would have been obvious to one with ordinary skill in the art to have included the teachings of outputting white balance data into the disclosure of Yoshino and/or Hosoda to arrive at Applicant's claimed invention. Regarding claim 17, Yoshino in view of Hosoda discloses all the aforementioned limitations of claim 1. The combination fails to explicitly disclose wherein the one or more processors further execute the instructions to output data indicating distortion correction parameter of the image capture apparatus. However, the Examiner respectfully takes Official Notice that both the concepts and advantages of performing and outputting distortion correction parameter data are well known and expected in the art. Thus, before the effective filing date, the Examiner respectfully submits it would have been obvious to one with ordinary skill in the art to have included the teachings of outputting distortion correction parameter data into the disclosure of Yoshino and/or Hosoda to arrive at Applicant's claimed invention . 07-21-aia AIA Claim (s) 19 rejected under 35 U.S.C. 103 as being unpatentable over Yoshino in view of Hosoda in view of Applicant’s Admitted Prior Art (AAPA) . Regarding claim 19, Yoshino in view of Hosoda discloses all the aforementioned limitations of claim 1. The combination fails to explicitly disclose wherein the image capturing direction of the image capture apparatus is changed so that an imaging angle of view of the image capture apparatus is a registered imaging angle in the case where the image is the still image. However, AAPA discloses the use of registered/preset imaging angles for imaging (¶2-4 of PGPUB). Thus, before the effective filing date, the Examiner respectfully submits it would have been obvious to one with ordinary skill in the art to have included the teachings of preset angles for still imaging into the disclosure of Yoshino and/or Hosoda to arrive at Applicant's claimed invention. Conclusion 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. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTOINETTE SPINKS whose telephone number is (571)270-3749. The examiner can normally be reached M-Th 7am - 5pm EST. 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, Twyler Haskins can be reached at 571-272-7406. 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. /ANTOINETTE T SPINKS/Primary Examiner, Art Unit 2639 Application/Control Number: 18/767,246 Page 2 Art Unit: 2639 Application/Control Number: 18/767,246 Page 3 Art Unit: 2639 Application/Control Number: 18/767,246 Page 4 Art Unit: 2639 Application/Control Number: 18/767,246 Page 5 Art Unit: 2639 Application/Control Number: 18/767,246 Page 6 Art Unit: 2639 Application/Control Number: 18/767,246 Page 7 Art Unit: 2639 Application/Control Number: 18/767,246 Page 8 Art Unit: 2639 Application/Control Number: 18/767,246 Page 9 Art Unit: 2639
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Prosecution Timeline

Jul 09, 2024
Application Filed
Jan 20, 2026
Non-Final Rejection mailed — §103
Mar 20, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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4y 2m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
92%
With Interview (+20.1%)
2y 9m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 928 resolved cases by this examiner. Grant probability derived from career allowance rate.

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