Prosecution Insights
Last updated: July 17, 2026
Application No. 18/768,070

INFORMATION PROCESSING APPARATUS AND INFORMATION PROCESSING METHOD

Non-Final OA §103
Filed
Jul 10, 2024
Priority
Aug 09, 2023 — JP 2023-129838
Examiner
BURLESON, MICHAEL L
Art Unit
2681
Tech Center
2600 — Communications
Assignee
Canon Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
374 granted / 503 resolved
+12.4% vs TC avg
Minimal -7% lift
Without
With
+-7.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
19 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
72.8%
+32.8% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 503 resolved cases

Office Action

§103
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 Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/10/24 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim(s) 1-4, 6, 7, 9, 10, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki US 20150110347 in view of Kim et al US 20200051265. Regarding claim 1, Suzuki teaches an information processing apparatus (fig 1) comprising: one or more processors (processor 101 paragraph 0082) configured to: perform a first detection process for detecting a detection target in a first image acquired from a first image-capturing device (The image processing device 3 acquires a first image which is captured by the first camera 1 (paragraph 0033); perform an estimation process for estimating a relative position of the detection target with respect to the first image-capturing device, based on a detection result of the detection target in the first detection process and the reference information stored in the specific memory (The first camera 1 and the second camera 2 capture the images including the finger of the user as the first portion of the user, for example. In addition, the first camera 1 and the second camera 2 can also be included in the image processing device 3 as occasion calls. The acquisition unit 5 outputs the acquired image to the calculation unit 7. (paragraph 0044). the calculation unit 7 may refer to the first feature value model which is stored in the storage unit 6 as occasion calls. the calculation unit 7 detects the first portion. the calculation unit 7 can also detect the hand outline area using a method of calculating a finger shape by calculating a degree of similarity between current image data and the learned data. In addition, the calculation unit 7 calculates the position of the fingertip of the user, which is respectively included in the first image and the second image, in the camera coordinate system (paragraph 0050) Suzuki fails to teach perform an update control process in which, in a first case, reference information, which is stored in a specific memory, relating to the detection target is updated based on the first image and a second image acquired from a second image-capturing device, and in which, in a second case, the reference information stored in the specific memory is not updated Kim et al teaches perform an update control process in which, in a first case, reference information, which is stored in a specific memory, relating to the detection target is updated based on the first image and a second image acquired from a second image-capturing device (a first camera (e.g., first camera 310) deployed on one side of the electronic device 300 and a memory. a plurality of first image frames using the first camera 310 based on an input corresponding to a photographing signal, acquire a second image frame for the one or more external objects using the second camera 320 while acquiring at least parts of the first image frames, generate depth information for the one or more external objects based on the image frame corresponding to the second image frame among the plurality of first image frames and the second image frame, generate a first corrected image (update) by combining a plurality of designated image frames among the plurality of first image frames based on the depth information. The processor 340 may be further configured to determine a reference image frame among the plurality of first image frames based on a designated condition as a part of an operation of generating the first corrected image (update). generate a first corrected image by combining a plurality of designated image frames among the plurality of first image frames based on the depth information (paragraph 0066) and in which, in a second case, the reference information stored in the specific memory is not updated (The processor 340 may be still further configured to determine a second reference image frame among the plurality of first image frames acquired in a plurality of designated frame periods among a plurality of frame periods for acquiring the first image frames as a part of an operation of generating the depth information, and generate the depth information based on the second reference image frame and the image frame corresponding to the second reference image frame among the plurality of second image frames (paragraph 0066) Note: the second reference image is not corrected in this case, only a reference image is generated; and Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: perform an update control process in which, in a first case, reference information, which is stored in a specific memory, relating to the detection target is updated based on the first image and a second image acquired from a second image-capturing device, and in which, in a second case, the reference information stored in the specific memory is not updated. The reason for doing so would be to accurately identify detected image. Regarding claim 2, Suzuki in view of Kim et al teaches wherein in the first detection process, the first image is newly acquired from the first image-capturing device at fixed time intervals, and the detection target is detected in the acquired first image (Suzuki: the acquisition unit 5 acquires the first image at the first time, and acquires the second image at the second time. (paragraph 0044), Suzuki fails to teach in the update control process, the reference information is updated each time the detection target is detected in the first detection process in the first case, and in the estimation process, a relative position of the detection target with respect to the first image-capturing device is estimated each time the detection target is detected in the first detection process. Kim et al teaches in the update control process, the reference information is updated each time the detection target is detected in the first detection process in the first case, and in the estimation process, a relative position of the detection target with respect to the first image-capturing device is estimated each time the detection target is detected in the first detection process ((The processor 340 may be still further configured to generate the depth information based on the first image frame acquired in a first frame period among a plurality of frame periods for acquiring the first image frames and the second image frame as a part of an operation of generating the depth information. (paragraph 0065) the processor 340 may acquire image frames for one or more external objects using the first camera 310 and/or the second camera 320, and it may generate a corrected image (paragraph 0076) Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: in the update control process, the reference information is updated each time the detection target is detected in the first detection process in the first case, and in the estimation process, a relative position of the detection target with respect to the first image-capturing device is estimated each time the detection target is detected in the first detection process. The reason for doing so would be to accurately identify detected image. Regarding claim 3, Suzuki in view of Kim et al teaches wherein in the first case, a second detection process for detecting the detection target in the second image is further performed (Kim et al: The processor 340 may be still further configured to acquire a plurality of second image frames corresponding to the plurality of first image frames as a part of an operation of acquiring the second image frame. The processor 340 may be still further configured to generate the depth information based on the first image frame acquired in a first frame period among a plurality of frame periods for acquiring the first image frames and the second image frame as a part of an operation of generating the depth information (paragraph 0066). Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: in the update control process, the reference information is updated each time the detection target is detected in the first detection process in the first case, and in the estimation process, a relative position of the detection target with respect to the first image-capturing device is estimated each time the detection target is detected in the first detection process. The reason for doing so would be to accurately identify detected image by detecting an object at different time intervals. Regarding claim 4, Suzuki in view of Kim et al teaches wherein in the update control process, the reference information is updated in the first case, based on a detection result of the detection target in the first detection process and a detection result of the detection target in the second detection process (Kim et al: The processor 340 may be still further configured to generate the depth information based on the first image frame acquired in a first frame period among a plurality of frame periods for acquiring the first image frames and the second image frame as a part of an operation of generating the depth information (paragraph 0066). Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: wherein in the update control process, the reference information is updated in the first case, based on a detection result of the detection target in the first detection process and a detection result of the detection target in the second detection process. The reason for doing so would be to accurately identify detected image. Regarding claim 6, Suzuki in view of Kim et al teaches wherein a first determination process for determining whether or not the detection target is stationary is further performed based on a detection result of the detection target in the first detection process (Suzuki: in a case where the first camera 1 and the second camera 2 are in a non-synchronization state, why the user moves the finger horizontally, and a reason why the calculation depth of the fingertip in the world coordinate system is changed (paragraph 0038), and the second case includes a case where it is determined that the detection target is not stationary (Suzuki: the fingertip position in the camera coordinate system is imaged at positions different from each other on the paper medium document by the first image and the second image. If the depth of the fingertip is calculated using a binocular stereo method based on the parallax defined by such a position, wrong determination which determines that the finger is positioned at the depth shallower than the depth of the paper medium document with respect to an arbitrary reference point (for example, it is possible to set a center point of installation points of the first camera 1 and the second camera 2 as the reference point) in the world coordinate system occurs (paragraph 0038). Regarding claim 7, Suzuki in view of Kim et al teaches wherein a second determination process for determining whether or not a user using the information processing apparatus is changed is further performed (Suzuki: the present inventors have paid attention to a property in which the length (for example, unit is mm) in the world coordinate system (in actual space) is not changed if a finger of the same person is used, in a case where a hand of the user is the same posture, in the scan processing of the paper medium document (paragraph 0039), and the second case includes a case where it is determined that a user using the information processing apparatus is not changed (Suzuki: a width of the finger or a width of the back of the hand, which is calculated from the first image and the second image, is a value which is not changed if the posture of the hand is the same. (paragraph 0039) Regarding claim 9, Suzuki in view of Kim et al teaches wherein the detection target is a hand (Suzuki: fig 1). Regarding claim 10, Suzuki in view of Kim et al teaches wherein the detection result of the detection target indicates coordinates of each joint point of the hand, and the reference information is information on a length between a plurality of joint points (Suzuki: the calculation unit 7 recognizes the number of fingers from the detected hand outline area and thereafter can calculate a fingertip coordinate from the outline of the hand outline area. (paragraph 0051). in a case where the user spreads fingers of his hand, fingertip coordinates of each finger which is calculated from the first image and the second image are stored in association with the finger ID in the table 80. In addition, for example, the reference points of coordinates of each finger can be defined as an upper left end of the first image or the second image. (paragraph 0051). the fingertip position in the camera coordinate system is imaged at positions different from each other on the paper medium document by the first image and the second image (paragraph 0038). Regarding claim 12, Suzuki in view of Kim et al teaches wherein in the update control process in the first case, a position of the detection target in a depth direction with respect to an image is measured based on the first image and the second image, and the reference information is updated based on the position in the depth direction and a detection result of the detection target in the first detection process (Kim et al: a plurality of first image frames using the first camera 310 based on an input corresponding to a photographing signal, acquire a second image frame for the one or more external objects using the second camera 320 while acquiring at least parts of the first image frames, generate depth information for the one or more external objects based on the image frame corresponding to the second image frame among the plurality of first image frames and the second image frame, generate a first corrected image (update) by combining a plurality of designated image frames among the plurality of first image frames based on the depth information (paragraph 0066). Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: wherein in the update control process in the first case, a position of the detection target in a depth direction with respect to an image is measured based on the first image and the second image, and the reference information is updated based on the position in the depth direction and a detection result of the detection target in the first detection process. The reason for doing so would be to accurately identify detected image. Regarding claim 13, Suzuki teaches an information processing method comprising: detecting a detection target in a first image acquired from a first image-capturing device (The image processing device 3 acquires a first image which is captured by the first camera 1 (paragraph 0033); estimating a relative position of the detection target with respect to the first image-capturing device, based on a detection result of the detection target and the reference information stored in the specific memory (The first camera 1 and the second camera 2 capture the images including the finger of the user as the first portion of the user, for example. In addition, the first camera 1 and the second camera 2 can also be included in the image processing device 3 as occasion calls. The acquisition unit 5 outputs the acquired image to the calculation unit 7. (paragraph 0044). the calculation unit 7 may refer to the first feature value model which is stored in the storage unit 6 as occasion calls. the calculation unit 7 detects the first portion. the calculation unit 7 can also detect the hand outline area using a method of calculating a finger shape by calculating a degree of similarity between current image data and the learned data. In addition, the calculation unit 7 calculates the position of the fingertip of the user, which is respectively included in the first image and the second image, in the camera coordinate system (paragraph 0050). Suzuki fails updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image, and a second image acquired from a second image-capturing device and not updating, in a second case, the reference information stored in the specific memory. Kim et al teaches updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image (a first camera (e.g., first camera 310) deployed on one side of the electronic device 300 and a memory. a plurality of first image frames using the first camera 310 based on an input corresponding to a photographing signal, acquire a second image frame for the one or more external objects using the second camera 320 while acquiring at least parts of the first image frames, generate depth information for the one or more external objects based on the image frame corresponding to the second image frame among the plurality of first image frames and the second image frame, generate a first corrected image (update) by combining a plurality of designated image frames among the plurality of first image frames based on the depth information. The processor 340 may be further configured to determine a reference image frame among the plurality of first image frames based on a designated condition as a part of an operation of generating the first corrected image (update). generate a first corrected image by combining a plurality of designated image frames among the plurality of first image frames based on the depth information (paragraph 0066) and a second image acquired from a second image-capturing device and not updating, in a second case, the reference information stored in the specific memory (The processor 340 may be still further configured to determine a second reference image frame among the plurality of first image frames acquired in a plurality of designated frame periods among a plurality of frame periods for acquiring the first image frames as a part of an operation of generating the depth information, and generate the depth information based on the second reference image frame and the image frame corresponding to the second reference image frame among the plurality of second image frames (paragraph 0066) Note: the second reference image is not corrected in this case, only a reference image is generated; Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image, and a second image acquired from a second image-capturing device and not updating, in a second case, the reference information stored in the specific memory. The reason for doing so would be to accurately identify detected image. Regarding claim 14, Suzuki teaches a non-transitory computer readable medium that stores a program (paragraph 0091), wherein the program causes a computer to execute an information processing method comprising: detecting a detection target in a first image acquired from a first image-capturing device (The image processing device 3 acquires a first image which is captured by the first camera 1 (paragraph 0033); estimating a relative position of the detection target with respect to the first image-capturing device, based on a detection result of the detection target and the reference information stored in the specific memory (The first camera 1 and the second camera 2 capture the images including the finger of the user as the first portion of the user, for example. In addition, the first camera 1 and the second camera 2 can also be included in the image processing device 3 as occasion calls. The acquisition unit 5 outputs the acquired image to the calculation unit 7. (paragraph 0044). the calculation unit 7 may refer to the first feature value model which is stored in the storage unit 6 as occasion calls. the calculation unit 7 detects the first portion. the calculation unit 7 can also detect the hand outline area using a method of calculating a finger shape by calculating a degree of similarity between current image data and the learned data. In addition, the calculation unit 7 calculates the position of the fingertip of the user, which is respectively included in the first image and the second image, in the camera coordinate system (paragraph 0050). Suzuki fails to teach updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image and a second image acquired from a second image-capturing device and not updating, in a second case, the reference information stored in the specific memory; and Kim et al teaches updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image and a second image acquired from a second image-capturing device and not updating (a first camera (e.g., first camera 310) deployed on one side of the electronic device 300 and a memory. a plurality of first image frames using the first camera 310 based on an input corresponding to a photographing signal, acquire a second image frame for the one or more external objects using the second camera 320 while acquiring at least parts of the first image frames, generate depth information for the one or more external objects based on the image frame corresponding to the second image frame among the plurality of first image frames and the second image frame, generate a first corrected image (update) by combining a plurality of designated image frames among the plurality of first image frames based on the depth information. The processor 340 may be further configured to determine a reference image frame among the plurality of first image frames based on a designated condition as a part of an operation of generating the first corrected image (update). generate a first corrected image by combining a plurality of designated image frames among the plurality of first image frames based on the depth information (paragraph 0066), in a second case, the reference information stored in the specific memory (The processor 340 may be still further configured to determine a second reference image frame among the plurality of first image frames acquired in a plurality of designated frame periods among a plurality of frame periods for acquiring the first image frames as a part of an operation of generating the depth information, and generate the depth information based on the second reference image frame and the image frame corresponding to the second reference image frame among the plurality of second image frames (paragraph 0066) Note: the second reference image is not corrected in this case, only a reference image is generated; Therefore, it would have been obvious to a person of ordinary skill in the art to modify Suzuki to include: updating, in a first case, reference information, which is stored in a specific memory, relating to the detection target, based on the first image and a second image acquired from a second image-capturing device and not updating, in a second case, the reference information stored in the specific memory; The reason for doing so would be to accurately identify detected image. Allowable Subject Matter Claims 5, 8 and 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L BURLESON whose telephone number is (571)272-7460. 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, Akwasi Sarpong can be reached on 571 270-3438 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. Michael Burleson Patent Examiner Art Unit 2683 Michael Burleson June 26, 2026 /MICHAEL BURLESON/ /AKWASI M SARPONG/SPE, Art Unit 2681 6/29/2026
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Prosecution Timeline

Jul 10, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
67%
With Interview (-7.3%)
2y 11m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 503 resolved cases by this examiner. Grant probability derived from career allowance rate.

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