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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/26/2025 and were filed 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 § 101
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 20 is rejected under 35 U.S.C. 101 because Claim 20 is directed to a program claimed in the absence of any underlying medium or other system, but a program is not a method, machine, manufacture, or composition of matter. The claim thus falls outside the four statutory categories of 35 U.S.C. 101 and is therefore nonstatutory. If the specification includes written description support, this rejection could be overcome by claiming the invention as being stored in a nontransitory computer readable medium; however, see MPEP 2111.05 for a discussion of functional and nonfunctional descriptive material as related to computer readable media.
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.
1: Claim(s) 1-7, 12, 14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2007074141 A Otsuka (for examination purposes the examiner has relied upon the provided English translation).
2: As for Claim 1, Otsuka depicts in Figures 9 and 10 and teaches on Pages 6-9 An imaging device comprising: a setting registration unit that registers an imaging setting for each subject type (different camera setting are stored to be used when different subjects are detected); a recognition unit that recognizes a subject from an image on a basis of the imaging setting of the subject type to be a recognition target (image subject recognition is performed on the image to detect different subject types); and an imaging control unit that controls imaging on a basis of the subject recognized by the recognition unit (different image capture settings are used based on the detected subjects).
3: As for Claim 2, Otsuka teaches on Page 7 wherein the imaging control unit focuses on the subject recognized by the recognition unit. Otsuka teaches an AF area and a photometry area are set using the detected position information of the subject. Further, in accordance with the shooting control information determined in S109 or the shooting control information read out in S106, shooting preparation operations such as exposure control, AF control, strobe control, development parameter / algorithm setting, etc. are performed (S110).
4: As for Claim 3, Otsuka teaches on Page 6 wherein the recognition unit recognizes the subject by setting a plurality of the subject types as the recognition target. Otsuka teaches the subject detection unit 121 performs subject detection on the subject image based on information stored in the subject information storage unit 124. Furthermore, Otsuka teaches pattern matching is performed using feature point data or patterns registered for each type of subject.
5: As for Claim 4, Otsuka teaches on Page 9 wherein in a case where a plurality of the subject types is set as the recognition target, the setting registration unit registers the common imaging setting for a plurality of the subject types set as the recognition targets. Otsuka teaches multiple camera setting can be set for different detected subjects and teaches that some of the setting parameters can be the same for different detected subjects. For example, exposure compensation can be set to the came value for person C and an unregistered person.
6: As for Claim 5, Otsuka teaches on Page 9 wherein in a case where a plurality of the subject types is set as the recognition target (multiple subject types can be detected), the setting registration unit registers the individual imaging settings for a plurality of the subject types set as the recognition targets. Otsuka teaches multiple camera setting can be set for different detected subjects and teaches that some of the setting parameters can be the same for different detected subjects.
7: As for Claim 6, Otsuka teaches on Page 9 wherein the setting registration unit uses the imaging setting obtained in a case where the individual subject type is set as the recognition target in common for a plurality of the subject types set as the recognition targets. Otsuka teaches multiple camera setting can be set for different detected subjects and teaches that some of the setting parameters can be the same for different detected subjects. For example, exposure compensation can be set to the came value for person C and an unregistered person.
8: As for Claim 7, Otsuka teaches on Page 11 wherein in a case where a plurality of the subject types is set as the recognition target and the subjects of a plurality of the subject types are recognized, the recognition unit controls imaging on a basis of the subject according to priority registered in advance. Otsuka teaches the priority of the registered subject is set higher than that of the general subject. Shooting control information of the subject with the highest priority among the subjects may be used. Alternatively, a setting suitable for the largest number of subjects may be used for each item of the shooting control information.
8: As for Claim 12, Otsuka teaches on Page 9 wherein the setting registration unit registers a part of the subject (area around eyes) to be controlled (scratch correction) for each subject type (based on different ages of subject).
9: As for Claim 14, Otsuka teaches on Page 6 and depicts in Figure 10 wherein the setting registration unit displays an icon indicating the imaging setting on a display unit. Otsuka teaches displaying a user interface that allows a user to set and change the settings and correction values.
10: As for Claim 16, Otsuka teaches on Page 6 and depicts in Figure 10 wherein the setting registration unit can switch the imaging setting by an operation on a predetermined operation element. Otsuka teaches displaying a user interface that allows a user to set and change the settings and correction values.
11: As for Claim 17, Otsuka teaches on Page 6 and depicts in Figure 10 wherein in a case where the imaging setting is changed, the setting registration unit displays the changed imaging setting on a display unit. Otsuka teaches displaying a user interface that allows a user to set and change the settings and correction values.
12: As for Claim 18, Otsuka teaches on Page 6 and depicts in Figure 10 wherein in a case where the predetermined imaging setting is displayed on a display unit and the displayed imaging setting is selected, the setting registration unit registers the selected imaging setting. Otsuka teaches displaying a user interface that allows a user to set and change the settings and correction values.
13: As for Claim 19, Claim 19 is rejected for reasons discussed related to Claim 1.
14: As for Claim 20, Claim 20 is rejected for reasons discussed related to Claim 1.
Allowable Subject Matter
Claims 8, 9-11, 13 and 15 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 JAMES M HANNETT whose telephone number is (571)272-7309. The examiner can normally be reached 8:00 AM-5:00 PM Monday thru Thursday.
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.
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/JAMES M HANNETT/Primary Examiner, Art Unit 2639
JMH
July 21, 2026
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