Prosecution Insights
Last updated: October 02, 2026
Application No. 18/898,640

USER INTERFACES SIMULATED DEPTH EFFECTS

Final Rejection §103§DOUBLEPATENT
Filed
Sep 26, 2024
Priority
Sep 11, 2018 — provisional 62/729,926 +2 more
Examiner
MAZUMDER, SAPTARSHI
Art Unit
2612
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
2 (Final)
65%
Grant Probability
Moderate
3-4
OA Rounds
10m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
255 granted / 393 resolved
+2.9% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
28 currently pending
Career history
418
Total Applications
across all art units

Statute-Specific Performance

§101
11.3%
-28.7% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
5.8%
-34.2% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 393 resolved cases

Office Action

§103 §DOUBLEPATENT
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 . 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. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 5-7 and 10-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7-9, 15-16, 20-22 and 31-33 of U.S. Patent No. 11468625 in view of Kubo (US Pat. Pub. No. 20050195291 “Kubo”). Appl/Pat. No. Claim Correspondence Appl. 18898640 1, 10, 11 5 6 7 Pat. 11468625 1, 15, 16 7, 20, 31 8, 21, 32 9, 22, 33 Appl 18898640, claim 1 Pat. 11468625. Claim 1 An electronic device, comprising: a display; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: An electronic device, comprising: a display; one or more input devices; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: concurrently displaying, via the display, a depth adjustment slider, a plurality of filter options, and a representation of image data with a simulated depth effect having a first magnitude and a first filter option of the plurality of filter options; concurrently displaying, on the display, a representation of image data and a simulated depth effect indicator; displaying, via the display, a plurality of filter options, including a first filter option and a second filter option, and a representation of image data with a simulated depth effect having a first magnitude; while displaying, via the display, the plurality of filter options and the representation of image data with the simulated depth effect having the first magnitude, detecting a sequence of one or more inputs; while concurrently displaying the simulated depth effect indicator and the representation of image data with a simulated depth effect as modified by a first value of a plurality of selectable values for the simulated depth effect, detecting, via the one or more input devices, a first input; in response to detecting the sequence of one or more inputs, concurrently displaying, via the display, a depth adjustment slider that was not displayed prior to detecting the respective input, [[a]] the plurality of filter options, and the representation of image data with the simulated depth effect having the first magnitude; and in accordance with a determination that the first input is directed to the depth adjustment slider, changing the appearance of the representation of image data in accordance with the simulated depth effect having a second magnitude different from the first magnitude. in response to detecting the first input: displaying, on the display, an adjustable slider associated with manipulating the representation of image data concurrently with the simulated depth effect indicator, wherein displaying the adjustable slider comprises sliding the representation of image data on the display to display the adjustable slider; in accordance with a determination that the first input is directed to a second filter option of the plurality of filter options, changing an appearance of the representation of image data in accordance with the second filter option of the plurality of filter options; wherein the slider is displayed at a location that was previously occupied by a portion of the representation of the image data that is displayed above the slider after sliding the representation of the image data on the display, and wherein the adjustable slider includes: a plurality of option indicators corresponding to a plurality of the selectable values for the simulated depth effect; and a selection indicator indicating that the first value is a currently-selected simulated depth effect value; while displaying the adjustable slider, detecting, via the one or more input devices, an input directed to the adjustable slider; in response to detecting the input directed to the adjustable slider: moving the adjustable slider to indicate that a second value, of the plurality of selectable values for the simulated depth effect, is the currently-selected simulated depth effect value; and changing an appearance of the representation of image data in accordance with the simulated depth effect as modified by the second value; and while displaying the representation of the image data in accordance with the simulated depth effect as modified by the second value, concurrently displaying, on the display, the simulated depth effect indicator, wherein the simulated depth effect indicator includes a numerical indication of a current magnitude of the simulated depth effect corresponding to the second value. Claim 1 of instant appl. differs from claim 1 of patent only: concurrently display a plurality of filter options; in accordance with a determination that the first input is directed to a second filter option of the plurality of filter options, changing an appearance of the representation of image data in accordance with the second filter option of the plurality of filter options; Kubo teaches concurrently display a plurality of filter options; in accordance with a determination that the first input is directed to a second filter option of the plurality of filter options, changing an appearance of the representation of image data in accordance with the second filter option of the plurality of filter options (Fig. 3 “[0027] As shown in FIG. 3, the control program for controlling the digital still camera 10 adopts a graphical user interface (GUI) 100 that is displayed on the monitor 16, so that the user may enter commands by clicking or dragging the mouse 20 after placing a pointer 102 on an appropriate position on the monitor 16. The GUI 100 is provided with sliding bars 106, 108, 110 and 112 for allowing the user to set the photographic conditions of the digital still camera 10. In the illustrated embodiment, the photographic conditions to be set by the sliding bars 106 to 112 are zoom, focus, shutter speed and aperture size (f-number). But these are merely examples, and it is possible to add other photographic conditions”); Kubo and Claim1 of patent are analogous art as both of them are related to image processing. Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Claim 1 of patent by concurrently displaying, via a display, a depth adjustment slider, a plurality of filter options, and a representation of image data with a simulated depth effect having a first magnitude and a first filter option of the plurality of filter options; in accordance with a determination that the first input is directed to a second filter option of the plurality of filter options, changing an appearance of the representation of image data in accordance with the second filter option of the plurality of filter options as taught by Kubo. The motivation for the above is to provide better user controllability without the need to switch to different interface. Claims 5-7 and 10-11 of the instant application recites limitations that are similar to the limitations recited in claims7-9, 15-16, 20-22 and 31-33 of the Patent, and therefore are also obvious over claims7-9, 15-16, 20-22 and 31-33 of the Patent. Claim Rejections - 35 USC § 103 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) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Laroia et al. (US Pat. Pub. No. 20180109722 “Laroia”) in view of Kubo (US Pat. Pub. No. 20050195291 “Kubo”). Laroia teaches An electronic device, comprising: a display; one or more processors; and memory (Fig. 1 elements 102, 108 and 110) storing one or more programs configured to be executed by the one or more processors (“[[095]…… The processor may be a dedicated processor that is preconfigured to implement the methods of the present invention. However, in many embodiments the processor 110 operates under direction of software modules and/or routines stored in the memory 108 which include instructions that, when executed, cause the processor to control the camera device 100 to implement one, more or all of the methods described herein. Memory 108 includes an assembly of modules 118 wherein one or more modules include one or more software routines, e.g., machine executable instructions, for implementing the image capture”), the one or more programs including instructions for: displaying, via the display, a plurality of filter options, including a first filter option and a second filter option, and a representation of image data with a simulated depth effect having a first magnitude (“[0135]….Furthermore the ISO control option icon 1204 is also displayed on the right side. If the user taps the ISO control option icon 1204 the display screen shown in FIG. 14 switches back to the main control options display screen 1200 of FIG. 12. [0136] FIG. 15 illustrates a drawing showing a user interface screen 1500 with the same control options as shown in FIG. 12 but with the user's finger 704 being additionally shown tapping/pressing the shutter speed control icon 1206 on the display screen to select shutter speed control option”. Here preview image has a simulated depth effect and ISO and shutter speed controls are claimed plurality of filter options); while displaying, via the display, the plurality of filter options and the representation of image data with the simulated depth effect having the first magnitude, detecting a sequence of one or more inputs (“[0136] FIG. 15 illustrates a drawing showing a user interface screen 1500 with the same control options as shown in FIG. 12 but with the user's finger 704 being additionally shown tapping/pressing the shutter speed control icon 1206 on the display screen to select shutter speed control option”); in response to detecting the sequence of one or more inputs, concurrently displaying, via the display, a depth adjustment slider that was not displayed prior to detecting the respective input, a filter option and the representation of image data with the simulated depth effect having the first magnitude (“[0198] Operation proceeds from step 4106 to step 4108. In step 4108 the camera device determines if the received user input indicates selection of the depth of field control option. If the determination is the that received user input indicates selection of the depth of field option, then operation proceeds from step 4108 to step 4110; otherwise, operation proceeds from step 4108 to step 4112. [0199] Returning to step 4110, in step 4110 the camera device presents the user of the camera device with a user controller depth of field slider, e.g., depth of field slider 4304 shown in FIG. 43, or other input option for controlling a depth of field setting”. Fig. 42 and 43 shows filter option ISO and another icon (implicitly teaches filter option)) but is silent about concurrently displaying, via the display, a depth adjustment slider, the plurality of filter options, and the representation of image data; Kubo teaches concurrently displaying, via a display, a depth adjustment slider, a plurality of filter options, and a representation of image data with a simulated depth effect having a first magnitude (Fig. 3 “[0027] As shown in FIG. 3, the control program for controlling the digital still camera 10 adopts a graphical user interface (GUI) 100 that is displayed on the monitor 16, so that the user may enter commands by clicking or dragging the mouse 20 after placing a pointer 102 on an appropriate position on the monitor 16. The GUI 100 is provided with sliding bars 106, 108, 110 and 112 for allowing the user to set the photographic conditions of the digital still camera 10. In the illustrated embodiment, the photographic conditions to be set by the sliding bars 106 to 112 are zoom, focus, shutter speed and aperture size (f-number). But these are merely examples, and it is possible to add other photographic conditions”); Kubo and Laroia are analogous art as both of them are related to image processing. Therefore it would have been obvious for an ordinary skilled person in the art before the effective filing date of claimed invention to have modified Laroia by concurrently displaying, via a display, a depth adjustment slider, a plurality of filter options, and a representation of image data with a simulated depth effect having a first magnitude as taught by Kubo. The motivation for the above is to provide better user controllability without the need to switch to different interface. Laroia modified by Kubo teaches while concurrently displaying, via the display, the depth adjustment slider, the plurality of filter options, and the representation of image data, detecting a first input (Kubo “[0028] When the user clicks on a photograph button 116 after setting the photographic conditions, hereinafter referred to as first exposure conditions, by the sliding bars 106 to 112, the CPU 30 produces photographic conditions”); in response to detecting the first input: in accordance with a determination that the first input is directed to the second filter option of the plurality of filter options, changing an appearance of the representation of image data in accordance with the second filter option of the plurality of filter options (In Kubo change of sliding filter changes appearance [0028] “When the user clicks on a photograph button 116 after setting the photographic conditions, hereinafter referred to as first exposure conditions, by the sliding bars 106 to 112, the CPU 30 produces photographic conditions, hereinafter referred to as second exposure conditions”. Laroia “.“[0144]……The camera, while being a digital camera, will simulate the effect of the currently selected ISO setting value, e.g., in terms of sensitivity to light, when capturing images”. [0211] Returning to step 4136, in step 4136 the camera device present the user of the camera another user interface corresponding to another user selectable control option, e.g., a n F-NUMBER setting control option. Other examples, of exemplary user selectable control options which may be, and sometimes are, presented to a user include, e.g., ISO setting, flash status, and exposure duration. [0212] In step 4144 the camera device displays to the user an image, e.g., a preview image with the user selected aspect ratio to which the effect…… Operation proceeds from step 4144 to step 4146. In step 4146 the camera device determines if the user desires to set another user selectable image control option. If the camera device decides that the user desires to set another user selectable image control option, then operation proceeds from step 4146, via connecting node B 4148 to step 4104”) and in accordance with a determination that the first input is directed to the depth adjustment slider, changing the appearance of the representation of image data in accordance with the simulated depth effect having a second magnitude different from the first magnitude (Kubo [0028] “When the user clicks on a photograph button 116 after setting the photographic conditions, hereinafter referred to as first exposure conditions, by the sliding bars 106 to 112, the CPU 30 produces photographic conditions, hereinafter referred to as second exposure conditions”. Laroia “[0211] Returning to step 4136, in step 4136 the camera device present the user of the camera another user interface corresponding to another user selectable control option, e.g., a n F-NUMBER setting control option”). Claim 10 is directed to a method and its steps are similar in scope and functions performed by the elements of device claim 1 and therefore claim 10 is also rejected with the same rationale as specified in the rejection of claim 1. Claim 11 is directed to a non-transitory computer-readable storage medium (Laroia “[0096]…… Accordingly, memory 108 may be implemented using any of a wide variety of non-transitory computer or machine readable mediums which serve as storage devices”) and its elements are similar in scope and functions performed by the elements of device claim 1 and therefore claim 11 is also rejected with the same rationale as specified in the rejection of claim 1. Regarding claim 2 Laroia modified by Kubo teaches in accordance with the determination that the first input is directed to the depth adjustment slider, maintaining display of the representation of image data as modified by the first filter option of the plurality of filter options; and in accordance with the determination that the first input is directed to the second filter option of the plurality of filter options, maintaining display of the representation of image data with the simulated depth effect having the first magnitude (Laroia 41A and 41B. in 41A Laroia sets one of the option which is directed to depth slider (element 4108 and 4110 of Fig. 41A) while maintain image with previous other settings. In Fig. 41B Laroia checks at step 4146 if user wants to change the control option and if yes then it goes back where it can change to second filter option while maintain depth effect. “[0211] Returning to step 4136, in step 4136 the camera device present the user of the camera another user interface corresponding to another user selectable control option, e.g., a n F-NUMBER setting control option. Other examples, of exemplary user selectable control options which may be, and sometimes are, presented to a user include, e.g., ISO setting, flash status, and exposure duration”). Regarding claim 3 Laroia modified by Kubo teaches prior to concurrently displaying, via the display, the depth adjustment slider, the plurality of filter options, and the representation of image data, displaying, via the display, the representation of image data without displaying the depth adjustment slider and the plurality of filter options; detecting a respective input; and in response to detecting the respective input, concurrently displaying, via the display, the representation of image data and the plurality of filter options and forgo displaying the depth adjustment slider (Laroia Fig 19 shows an image and when user provides input on icon 1804, Fig. 20 shows image with filter option but without depth slider). Regarding claim 4 Laroia modified by Kubo teaches prior to concurrently displaying, via the display, the depth adjustment slider, the plurality of filter options, and the representation of image data, displaying, via the display, the plurality of filter options and the representation of image data without displaying the depth adjustment slider; detecting a respective input; and in response to detecting the respective input, concurrently displaying, via the display, the representation of image data, the plurality of filter options, and the depth adjustment slider (Laroia Fig. 20 Shows image with filter option without depth slider. Kubo Fig. 3 shows in response to input display both filter options and depth slider “[0038] When the personal computer 12 is set up as shown in FIG. 1 and receives a command for starting the control program, the personal computer 12 displays a graphical user interface like the GUI 100 as shown in FIG. 3 on the monitor 16, so that the user may set photographic conditions on the digital still camera 10 by operating the sliding bars 106 to 112 on the GUI 100. When the user clicks on the photograph button 116 after setting appropriate photographic conditions, the CPU 30 produces the second exposure conditions based on the photographic conditions set through the sliding bars 106 to 112, i.e. the first exposure conditions”). Regarding claim 5 Laroia modified by Kubo teaches prior to concurrently displaying, via the display, the depth adjustment slider, the plurality of filter options, and the representation of image data, displaying, via the display, one or more mode selector affordances, wherein displaying the depth adjustment slider comprises replacing display of the one or more mode selector affordances with the depth adjustment slider (Laroia Fig. 42 shows one or more mode selector affordances like 4206, photo, etc. Fig. 43 shows adjustable slider and it replaces the affordances.). Regarding claim 6 Laroia modified by Kubo teaches prior to concurrently displaying, via the display, the depth adjustment slider, the plurality of filter options, and the representation of image data, displaying, via the display, a zoom control element, wherein displaying the depth adjustment slider comprises replacing display of the zoom control element with the depth adjustment slider (Laroia Fig. 42 shows zoom control element 4206. Fig. 43 shows adjustable slider and it replaces the zoom control element.). Regarding claim 7 Laroia modified by Kubo teaches wherein the first input is a swipe gesture (Laroia “[0025] FIG. 7 shows an exemplary user interface screen with a user's finger tapping or being swiped on an area of the display screen”). Regarding claim 8 Laroia modified by Kubo teaches in accordance with a determination that the first input is directed to the depth adjustment slider, moving the depth adjustment slider to indicate that the second magnitude is a currently selected magnitude (Laroia Fig. 43 and 44 shows movement of depth slider “[0205]…… In the example of FIG. 44, the numerical indicator 4408 displays value 10 above position indicator dot 4406; in the example of FIG. 43, the numerical indicator 4308 displays value 1 above position indicator dot 4306. Note that from FIG. 43 to FIG. 44, the indicator dot has moved from the left of the sliding indicator to the right of the sliding indicator”). Regarding claim 9 Laroia modified by Kubo teaches in accordance with a determination that the first input is directed to the second filter option of the plurality of filter options, moving the plurality of filter options to indicate that the second filter option of the plurality of filter options is a currently selected filter option (Laroia Fig. 41A step 4112 determines whether input is for second filter option, if yes it displays for filter option selection at step 4136 “[0211] Returning to step 4136, in step 4136 the camera device present the user of the camera another user interface corresponding to another user selectable control option, e.g., a n F-NUMBER setting control option. Other examples, of exemplary user selectable control options which may be, and sometimes are, presented to a user include, e.g., ISO setting, flash status, and exposure duration”. Fig. 20, 22 and 23 shows moving of different filter option). Response to Arguments Applicant's arguments filed on 06/29/2026 with respect to rejection under 35 USC 103 have been fully considered but they are not persuasive. Therefore the rejection has been maintained. Applicant argues see remarks page 10 “emphasis added). Specifically, Laroia fails to teach or suggest receiving an input while concurrently displaying "the depth adjustment slider, the plurality of filter options, and the representation of image data." ………Notably, these icons do not correspond to filter options. Rather, a person having ordinary skill in the art would understand that the first icon represents an option for controlling the sensitivity of the light sensor (e.g. for adjusting the ISO value) and the second icon represents an option for adjusting a different photography parameter. Notably, none of these icons correspond to "the plurality of filter options" including "a first filter option and a second filter option", as required by the claim”. Examiner wants to note that the argued limitation is taught by Laroia modified by Kubo. Laroia Fig. 43 concurrently displays depth adjustment slider, a filter option and an icon (implicit filter option), and representation of image data. Examiner proposed to modify Laroia by integrating concurrent display of depth adjustment slider, a plurality of filter options, and representation of image data based on the teaching of Kubo to provide better user controllability without the need to switch to different interface. (Kubo (Fig. 3 “[0027] As shown in FIG. 3, the control program for controlling the digital still camera 10 adopts a graphical user interface (GUI) 100 that is displayed on the monitor 16, so that the user may enter commands by clicking or dragging the mouse 20 after placing a pointer 102 on an appropriate position on the monitor 16. The GUI 100 is provided with sliding bars 106, 108, 110 and 112 for allowing the user to set the photographic conditions of the digital still camera 10. In the illustrated embodiment, the photographic conditions to be set by the sliding bars 106 to 112 are zoom, focus, shutter speed and aperture size (f-number). But these are merely examples, and it is possible to add other photographic conditions”); With respect to applicant’s argument “these icons do not correspond to filter options”, examiner wants to note that ISO option controls lighting effect in images. In other words ISO effect makes image brighter/darker. Laroia also describes to modify image with ISO setting See [211-212] and [249-250]. Applicant is mentioning that ISO is used “for controlling the sensitivity of the light sensor” and “the second icon represents an option for adjusting a different photography parameter”, so these are examples of controlling image with filter options. Applicant is contradicting his/her own view as applicant agrees controlling the sensitivity of the light sensor can be done by changing ISO value. Applicant argues see remarks pages 10-11 “Moreover, the cited portions of Kubo similarly fail to teach or suggest filter options, as required by the claim. At most, Laroia teaches sliders for adjusting Zoom, Focus, Shutter speed, and f-number (See Kubo at FIG. 3), none of which are filter options, as required by the claims”. Examiner replies, applicant agrees Zoom, Focus, Shutter speed, and f-number are for image adjustment. So why will these not be filter options? These options modify image so these are filter options. Applicant argues see remarks page 11” Moreover, the combination of Laroia and Kubo further fail to teach or suggest the claimed technique because the combination fails to teach or suggest "in response to detecting the first input. in accordance with a determination that the first input is directed to the second filter option of the plurality of filter options, …….. Thus, the combination fails to teach or suggest "in response to detecting the first input... in accordance with a determination that the first input is directed to the second filter option of the plurality of filter options, changing an appearance of the representation of image data," as required by claim 1”. Examiner wants to note that Laroia describes simulating the effect of ISO setting value that means it is changing appearance of the displayed image.“[0144]……The camera, while being a digital camera, will simulate the effect of the currently selected ISO setting value, e.g., in terms of sensitivity to light, when capturing images”. Laroia also shows image with the effect of selected control options in other words changing appearance of the image. This is described in more detailed in Fig. 41. In step 4136 multiple selectable options are presented to user e.g. F-NUMBER, ISO setting, flash status etc. At step 4138, user selects one of the options (F-NUMBER, ISO setting, flash status). At step 4144 image is displayed with the effect of the user selectable control option. “[0211] Returning to step 4136, in step 4136 the camera device present the user of the camera another user interface corresponding to another user selectable control option, e.g., a n F-NUMBER setting control option. Other examples, of exemplary user selectable control options which may be, and sometimes are, presented to a user include, e.g., ISO setting, flash status, and exposure duration. Operation proceeds from step 4136 to step 4138. [0212] In step 4144 the camera device displays to the user an image, e.g., a preview image with the user selected aspect ratio to which the effect of the user selected setting is applied, showing the effect of the received user selectable image control option setting prior to capturing the images”. Kubo also describes changing appearance of image with control options See Kubo “[0028]-[0029]”. Conclusion THIS ACTION IS MADE FINAL. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAPTARSHI MAZUMDER whose telephone number is (571)270-3454. The examiner can normally be reached 8 am-4 pm PST. 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, Said Broome can be reached at (571)272-2931. 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. /SAPTARSHI MAZUMDER/Primary Examiner, Art Unit 2612
Read full office action

Prosecution Timeline

Sep 26, 2024
Application Filed
May 05, 2025
Response after Non-Final Action
Apr 09, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT
Jun 03, 2026
Applicant Interview (Telephonic)
Jun 03, 2026
Examiner Interview Summary
Jun 29, 2026
Response Filed
Aug 25, 2026
Final Rejection mailed — §103, §DOUBLEPATENT (current)

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
77%
With Interview (+12.3%)
2y 10m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 393 resolved cases by this examiner. Grant probability derived from career allowance rate.

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