Prosecution Insights
Last updated: August 30, 2026
Application No. 18/775,464

IMAGE PROCESSING APPARATUS, METHOD OF CONTROLLING THE SAME, AND STORAGE MEDIUM

Non-Final OA §102§103
Filed
Jul 17, 2024
Priority
Jul 18, 2023 — JP 2023-116925
Examiner
ZHENG, JACKY X
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
689 granted / 861 resolved
+20.0% vs TC avg
Strong +17% interview lift
Without
With
+17.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
18 currently pending
Career history
866
Total Applications
across all art units

Statute-Specific Performance

§101
8.5%
-31.5% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
27.1%
-12.9% vs TC avg
§112
11.7%
-28.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 861 resolved cases

Office Action

§102 §103
CTNF 18/775,464 CTNF 82200 DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This is an initial office action in response to communication(s) filed on July 17, 2024. Claims 1-14 are pending. Information Disclosure Statement The information disclosure statement (IDS) submitted on July 17, 2024 was filed in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1-4 and 9-14 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Okubo (U.S. Pub. No. 2003/0036047 A1) . With regard to claim 1, the claim is drawn to an image processing apparatus (see Okubo, i.e. in fig. 1 and etc., disclose the scoring system) comprising: an obtaining unit configured to obtain a scoring module that executes electronic scoring processing and an operation module that displays a screen for electronic scoring and accepts a user operation (see Okubo, i.e. in para. 95-96 and etc., disclose that “[0095] The test contents data 50c are received by the examination terminals 12, in which the contents of the test contents data 50c are displayed on-screen, reproduced in voice form, or reproduced as moving images by the examination applications 24a. The examinees input to the examination applications 24a the answers to the contents displayed on-screen, reproduced in voice form, or reproduced as moving images, thereby creating answer contents data (step S4). [0096] For answer-sheet type or alternative type tests, the answer contents data, or image data, is created by selecting and inputting characters and/or symbols displayed on the display 22 as shown in FIG. 16, using the input devices 28. The present preferred embodiment deals with the case where the answer contents data are created as image data even in the cases of answer-sheet type or alternative type tests. Otherwise, character data may be entered from keyboards or other suitable input devices of the examination terminals 12….”); a reading unit configured to read an answer sheet to be electronically scored (see Okubo, i.e. in para. 4, 82-83 and etc., disclose that “[0004] Conventionally, answers to answer-sheet tests, written tests, and oral tests have been scored by various methods as follows. For answer-sheet tests, OMR (Optical Mark Reader) processing has been performed for scoring. For written tests, markers have consulted model answers or the like to mark the answers written on the answer sheets. For oral tests, examiners have recorded evaluations concerning the verbal answers of examinees on check sheets or the like. The scores have been summarized and sorted by hand to create statistic data, which has been used as reference data for future test writing, educational guidance, and so on…”); and an output unit configured to output image data read by the reading unit and output data including the scoring module and the operation module (see Okubo, i.e. in para. 53, 60 and etc., disclose that “[0053] The CPU 14 is connected with an image processing unit 20. The image processing unit 20 generates screen display data based on the results of operations by the CPU 14. The image processing unit 20 is connected with a display 22. The display 22 displays test contents data on-screen based on the screen display data generated by the image processing unit 20…”). With regard to claim 2, the claim is drawn to the image processing apparatus according to claim 1, wherein the output data further includes scoring data for holding a scoring result (see Okubo, i.e.in fig. 15, step S10, summarize, sort scoring results, and in para. 108 and etc., disclose that “[0108] At step S10, the results of the scoring by the scoring application 90a are summarized and sorted to create/update an incorrect answer database (not shown) which has the same configuration as that of the no-answer database 90h. The scoring application 90a counts the numbers of incorrect answers to the respective questions. It also performs summarization by attribute data such as age, gender, address, occupation, job description, membership of institutions, examination class, and examination location. Consequently, test writers can consult the contents of the incorrect answer database and analyze the answering propensities to the questions, so that questions of too high or too low a difficulty level can be excluded to write appropriate questions for each examination class…”). With regard to claim 3, the claim is drawn to the image processing apparatus according to claim 2, wherein the output unit outputs the output data to an external memory or to an external apparatus via a network (see Okubo, i.e. in fig. 15, steps S8-S9, para. 106 and etc., disclose that “[0106] The scoring contents data created is transmitted to the WWW server application 70c and the e-mail server application 70d of the scoring server 78 as appropriate, depending on the types of data (step S9)…”; also, in para. 54, discloses that “…The answer contents data generated are stored into the storage device 24.”). With regard to claim 4, the claim is drawn to the image processing apparatus according to claim 2, further comprising: an import unit configured to import a set of data including the image data and scoring data corresponding to the image data from an external apparatus into the image processing apparatus (see Okubo, i.e. in para. 55, disclose that “[0055] The CPU 14 is connected with an input unit 26. The input unit 26 is an interface for establishing connection with an input device 28 to be described later. The input unit 26 inputs to the CPU 14 various types of instruction signals and various types of data input from the input device 28. The input unit 26 is connected with the input device 28. The input device 28 may be a keyboard, a mouse, a tablet with tool force sensing function, and/or a touch panel. The input device 28 is intended to input instruction signals and input answers to the tests conducted on the examination terminal 12….”). With regard to claim 9, the claim is drawn to the image processing apparatus according to claim 4, further comprising: a display control unit configured to display the image data held in the image processing apparatus and a set of data including scoring data corresponding to the image data so as to be selectable, wherein the output unit outputs the set of data to an external apparatus selected according to a user operation (see Okubo, i.e. in para. 96 and etc., disclose that “[0096] For answer-sheet type or alternative type tests, the answer contents data, or image data, is created by selecting and inputting characters and/or symbols displayed on the display 22 as shown in FIG. 16, using the input devices 28 . The present preferred embodiment deals with the case where the answer contents data are created as image data even in the cases of answer-sheet type or alternative type tests. Otherwise, character data may be entered from keyboards or other suitable input devices of the examination terminals 12…”). With regard to claim 10, the claim is drawn to the image processing apparatus according to claim 9, wherein upon receiving a predetermined instruction according to a user operation, the output unit outputs the scoring module and the operation module (see Okubo, i.e. in para. 53 and etc., discloses that “[0053] The CPU 14 is connected with an image processing unit 20. The image processing unit 20 generates screen display data based on the results of operations by the CPU 14. The image processing unit 20 is connected with a display 22. The display 22 displays test contents data on-screen based on the screen display data generated by the image processing unit 20…”). With regard to claim 11, the claim is drawn to the image processing apparatus according to claim 1, wherein the obtaining unit obtains the scoring module and the operation module from a memory of the image processing apparatus or from an external apparatus via a network (see Okubo, i.e. in fig. 15, steps S8-S9, para. 106 and etc., disclose that “[0106] The scoring contents data created is transmitted to the WWW server application 70c and the e-mail server application 70d of the scoring server 78 as appropriate, depending on the types of data (step S9)…”; also, in para. 54, discloses that “…The answer contents data generated are stored into the storage device 24.”). With regard to claim 12, the claim is drawn to the image processing apparatus according to claim 11, wherein the scoring module is generated in a script file format, and the operation module is generated in a hypertext markup language (html) file format (see Okubo, i.e. in para. 105-106 and etc., disclose that “[0105] After the scoring goes through all the questions, the scoring application 90a creates scoring contents data (step S8). The scoring contents data to be created includes HTML data available for the examinees to browse by the WWW server application 70c, text data for the e-mail sever application 70d to distribute to the examinees in the form of e-mails, and print data from which the pass certificates of the examinations can be printed. [0106] The scoring contents data created is transmitted to the WWW server application 70c and the e-mail server application 70d of the scoring server 78 as appropriate, depending on the types of data (step S9)….”). With regard to claim 13, the claim is drawn to a method of controlling an image processing apparatus (see Okubo, i.e. abstract, para. 2 and etc., disclose the scoring method), the method comprising: obtaining a scoring module that executes electronic scoring processing and an operation module that displays a screen for electronic scoring and accepts a user operation (see Okubo, i.e. in para. 95-96 and etc., disclose that “[0095] The test contents data 50c are received by the examination terminals 12, in which the contents of the test contents data 50c are displayed on-screen, reproduced in voice form, or reproduced as moving images by the examination applications 24a. The examinees input to the examination applications 24a the answers to the contents displayed on-screen, reproduced in voice form, or reproduced as moving images, thereby creating answer contents data (step S4). [0096] For answer-sheet type or alternative type tests, the answer contents data, or image data, is created by selecting and inputting characters and/or symbols displayed on the display 22 as shown in FIG. 16, using the input devices 28. The present preferred embodiment deals with the case where the answer contents data are created as image data even in the cases of answer-sheet type or alternative type tests. Otherwise, character data may be entered from keyboards or other suitable input devices of the examination terminals 12….”); reading an answer sheet to be electronically scored (see Okubo, i.e. in para. 4, 82-83 and etc., disclose that “[0004] Conventionally, answers to answer-sheet tests, written tests, and oral tests have been scored by various methods as follows. For answer-sheet tests, OMR (Optical Mark Reader) processing has been performed for scoring. For written tests, markers have consulted model answers or the like to mark the answers written on the answer sheets. For oral tests, examiners have recorded evaluations concerning the verbal answers of examinees on check sheets or the like. The scores have been summarized and sorted by hand to create statistic data, which has been used as reference data for future test writing, educational guidance, and so on…”); and outputting image data read in the reading and outputting data including the scoring module and the operation module (see Okubo, i.e. in para. 53, 60 and etc., disclose that “[0053] The CPU 14 is connected with an image processing unit 20. The image processing unit 20 generates screen display data based on the results of operations by the CPU 14. The image processing unit 20 is connected with a display 22. The display 22 displays test contents data on-screen based on the screen display data generated by the image processing unit 20…”). With regard to claim 14, the claim is drawn to a non-transitory computer-readable storage medium storing one or more programs including instructions, which when executed by one or more processors of an image processing apparatus (see Okubo, i.e. abstract, para. 2 and etc., disclose the scoring method; and in para. 52, 54 and etc., disclose that “The CPU 14 is connected with a ROM 16. The ROM 16 is a memory for storing basic input/output processing programs for the examination terminal 12 to execute upon activation. The CPU 14 is also connected with a RAM 18. The RAM 18 is a memory for temporarily storing programs and data in use when the CPU 14 performs various operations…”), cause the image processing apparatus to perform: obtaining a scoring module that executes electronic scoring processing and an operation module that displays a screen for electronic scoring and accepts a user operation (see Okubo, i.e. in para. 95-96 and etc., disclose that “[0095] The test contents data 50c are received by the examination terminals 12, in which the contents of the test contents data 50c are displayed on-screen, reproduced in voice form, or reproduced as moving images by the examination applications 24a. The examinees input to the examination applications 24a the answers to the contents displayed on-screen, reproduced in voice form, or reproduced as moving images, thereby creating answer contents data (step S4). [0096] For answer-sheet type or alternative type tests, the answer contents data, or image data, is created by selecting and inputting characters and/or symbols displayed on the display 22 as shown in FIG. 16, using the input devices 28. The present preferred embodiment deals with the case where the answer contents data are created as image data even in the cases of answer-sheet type or alternative type tests. Otherwise, character data may be entered from keyboards or other suitable input devices of the examination terminals 12….”); reading an answer sheet to be electronically scored (see Okubo, i.e. in para. 4, 82-83 and etc., disclose that “[0004] Conventionally, answers to answer-sheet tests, written tests, and oral tests have been scored by various methods as follows. For answer-sheet tests, OMR (Optical Mark Reader) processing has been performed for scoring. For written tests, markers have consulted model answers or the like to mark the answers written on the answer sheets. For oral tests, examiners have recorded evaluations concerning the verbal answers of examinees on check sheets or the like. The scores have been summarized and sorted by hand to create statistic data, which has been used as reference data for future test writing, educational guidance, and so on…”); and outputting image data read in the reading and outputting data including the scoring module and the operation module (see Okubo, i.e. in para. 53, 60 and etc., disclose that “[0053] The CPU 14 is connected with an image processing unit 20. The image processing unit 20 generates screen display data based on the results of operations by the CPU 14. The image processing unit 20 is connected with a display 22. The display 22 displays test contents data on-screen based on the screen display data generated by the image processing unit 20…”) . 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. 07-22-aia AIA Claim s5-6 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Okubo as applied to claim 1 above, and further in view of Eberlein et al. (U.S. Pub. No. 2020/0175336 A1, hereinafter as “ Eberlein ”) . With regard to claim 5, the claim is drawn to the image processing apparatus according to claim 4, wherein in a case where a set of data that overlaps with the set of data to be imported is held in the image processing apparatus, the import unit queries as to whether to continue the import. The teachings of Okubo do not explicitly disclose the aspect relating to “wherein in a case where a set of data that overlaps with the set of data to be imported is held in the image processing apparatus, the import unit queries as to whether to continue the import”. However, Eberlein discloses an analogous invention relates to methods and systems, including computer-implemented methods, computer program products, and computer systems for training applications (see Eberlein, i.e. para. 2 and etc.). More specifically, in Eberlein, i.e. para. 31 and etc., disclose that “… For example, if some of the data is already stored by the training system 208, or an older version of the data is available [or “overlaps” as claimed], only the remaining data (for example, new data or data with data formats different from pre-stored (or cached) data) is transmitted. The data load can include configuration data. The data transmitted by the production system 210 to the training system 208 is merged with the data deployed through the change request. If there is an overlap, the configuration data is deployed after the load from the production system 210”. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Okubo to include the limitation(s) discussed and also taught by Eberlein, with the aspect(s) discussed above, as the cited prior arts are at least considered to be analogous arts if not also in the same field of endeavor relating to image and/or information processing arts. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Okubo by the teachings of Eberlein, and to incorporate the limitation(s) discussed and also taught by Eberlein, thereby the situation of “the duplication of production data to the development system or the test system increases the database size of these systems, which can lead to additional computing resource needs and increased costs” could be reduced (see Eberlein, i.e. para. 1 and etc.). With regard to claim 6, the claim is drawn to the image processing apparatus according to claim 5, wherein in a case where a difference is included in the set of data to be imported from the external apparatus and the set of data held in the image processing apparatus, the import unit determines whether to continue the import based on a user operation (see Eberlein, i.e. in para. 31-32 and etc., disclose that “… [0032] The training system 208 can be configured to process the current data and the stored data based on the defined configuration. For example, the training system 208 can execute a training of the model with the defined configuration. The training can be based on software deployed from the change request 212. The training process can generate as output a status information about achieved accuracy (for example, an accuracy score ). An administrator or a key process user can assess the results of the training process and decide based on the results whether to continue the testing process or to modify the model configuration . For example, the accuracy score can be compared to an accuracy threshold and approve the trained model if the accuracy score exceeds the accuracy threshold. The change manager 202 can retrieve the approved model from the training system 208 and deploy the approved model to the test system 206”). With regard to claim 7, the claim is drawn to the image processing apparatus according to claim 4, wherein in a case where a set of data that overlaps with the set of data to be imported is held in the image processing apparatus, the import unit respectively merges each item of the scoring data included in the sets of data (see Eberlein, i.e. para. 31 and etc., disclose that “… For example, if some of the data is already stored by the training system 208, or an older version of the data is available [or “overlaps” as claimed], only the remaining data (for example, new data or data with data formats different from pre-stored (or cached) data) is transmitted. The data load can include configuration data. The data transmitted by the production system 210 to the training system 208 is merged with the data deployed through the change request . If there is an overlap, the configuration data is deployed after the load from the production system 210”). With regard to claim 8, the claim is drawn to the image processing apparatus according to claim 7, wherein in a case where performing merging for the difference in each item of the scoring data, the import unit selects data to be prioritized according to a user operation (see Eberlein, i.e. para. 31-32, 38 and etc., disclose that “… For example, if some of the data is already stored by the training system 208, or an older version of the data is available, only the remaining data (for example, new data or data with data formats different from pre-stored (or cached) data) is transmitted. The data load can include configuration data . The data transmitted by the production system 210 to the training system 208 is merged with the data deployed through the change request. If there is an overlap, the configuration data is deployed after the load from the production system 210”, and further “[0032] The training system 208 can be configured to process the current data and the stored data based on the defined configuration . For example, the training system 208 can execute a training of the model with the defined configuration. The training can be based on software deployed from the change request 212. The training process can generate as output a status information about achieved accuracy (for example, an accuracy score). An administrator or a key process user can assess the results of the training process and decide based on the results whether to continue the testing process or to modify the model configuration. For example, the accuracy score can be compared to an accuracy threshold and approve the trained model if the accuracy score exceeds the accuracy threshold. The change manager 202 can retrieve the approved model from the training system 208 and deploy the approved model to the test system 206 .”) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maruyama (U.S. Pat/Pub No. 2024/0404417 A1, Canon) disclose an invention relates to an image processing apparatus acquires region information on one or more regions on a printed material which are to be filled in is acquired, the region information being obtained by analyzing print data of the printed material. The Art Unit (or Workgroup) location of your application in the USPTO has changed. To aid in correlating any papers for this application, all further correspondence regarding this application should be directed to Art Unit 2681 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacky X. Zheng whose telephone number is (571) 270-1122. The examiner can normally be reached on Monday - Friday, 9:00 am - 5:00 pm, alt. Friday Off. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Akwasi Sarpong can be reached on (571) 272-3438. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JACKY X ZHENG/Primary Examiner, Art Unit 2681 Application/Control Number: 18/775,464 Page 2 Art Unit: 2681 Application/Control Number: 18/775,464 Page 3 Art Unit: 2681 Application/Control Number: 18/775,464 Page 4 Art Unit: 2681 Application/Control Number: 18/775,464 Page 5 Art Unit: 2681 Application/Control Number: 18/775,464 Page 6 Art Unit: 2681 Application/Control Number: 18/775,464 Page 7 Art Unit: 2681 Application/Control Number: 18/775,464 Page 8 Art Unit: 2681 Application/Control Number: 18/775,464 Page 9 Art Unit: 2681 Application/Control Number: 18/775,464 Page 10 Art Unit: 2681 Application/Control Number: 18/775,464 Page 11 Art Unit: 2681 Application/Control Number: 18/775,464 Page 12 Art Unit: 2681
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Prosecution Timeline

Jul 17, 2024
Application Filed
Jun 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+17.1%)
2y 6m (~5m remaining)
Median Time to Grant
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