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 .
Claims 1, 11, 17, and 18 have been amended. Claims 1-20 are pending for examination.
Response to Arguments
Applicant’s arguments, filed 12/16/2025, with respect to the rejections of claims 1-4, 6-14, and 16-20 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Global Delight Technologies (CAMERA PLUS PRO (v5.0) 2009).
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.
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Claims 1, 3-6, 11, 13-17, 19-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-8, 11-15, 18-21 of U.S. Patent No. 11112956. Although the claims at issue are not identical, they are not patentably distinct from each other because the method, non-transitory computer readable storage medium and electronic device of claims 1, 3-6, 11, 13-17, 19-20 recite of the same first and second capture affordance of claims 1, 4-8, 11-15, 18-21 of U.S. Patent No. 11112956.
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.
Claims 1-4, 6-14, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over PRIS (a unique mobile camera 2012) in view of Global Delight Technologies (CAMERA PLUS PRO (v5.0) 2009).
Regarding claim 1, Pris teaches method, comprising:
at an electronic device with one or more cameras and a display (Phone shown):
displaying, via the display, a first camera interface, wherein displaying the first camera interface includes a first camera preview and a first capture affordance for initiating capture of photos with the one or more cameras (Tap the Screen Take a picture or start a recording.);
while displaying the first camera interface via the display, detecting an input that includes movement across the first camera preview (Swipe Right Toggle video mode, to film HD movies.); and
in response to detecting the input, replacing display of the first camera interface with a second camera interface, wherein the second camera interface includes a second camera preview and a second capture affordance for initiating capture of video content with the one or more cameras (Tap the Screen Take a picture or start a recording.),
PRIS does not explicitly teach the following limitations, however, in an analogous art, Global Delight Technologies teaches wherein the first capture affordance is different from the first camera preview (page 10: video camera preview and affordance); the second capture affordance is different from the second camera preview (page 10: still camera preview and affordance); and the second capture affordance has a different appearance than the first capture affordance (Page 10: still camera affordance and video camera affordance are different).
It would have been obvious for a person of ordinary skill in the art, before the effective date of the claimed invention, to take the teachings of Global Delight Technologies and apply them to PRIS. On would be motivated as such to give the user a greater manual control over their captures. (Global Delight Technologies: [1.1 Product Overview])
Regarding claim 2, Pris in view of Global Delight Technologies teaches the method of claim 1. Global Delight Technologies teaches wherein the second capture affordance is displayed, via the display, at a same location as the first capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 1 is applicable.
Regarding claim 3, Pris in view of Global Delight Technologies teaches the method of claim 1. Pris teaches wherein:
the input that includes movement across the first camera preview comprises a first input that includes a swipe in a first direction; and
the method includes,
while displaying the first camera interface, detecting a second input that includes a swipe in a second direction, different from the first direction (Just swipe the histogram to switch into video recording mode. Another swipe and you're reviewing your photos.); and
in response to detecting the second input, replacing display of the first camera interface with a third camera interface, wherein the third camera interface includes the first capture affordance for initiating capture of photos with the one or more cameras (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Regarding claim 4, Pris in view of Global Delight Technologies teaches the method of claim 3. Pris teaches while displaying the second camera interface, detecting a third input that includes a swipe in the second direction; and
in response to detecting the third input, replacing display of the second camera interface with the first camera interface (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Regarding claim 6, Pris in view of Global Delight Technologies teaches the method of claim 1. Pris teaches while displaying, via the display, the first camera interface, displaying a captured media viewing affordance;
while replacing display of the first camera interface with the second camera interface, maintaining display of the captured media viewing affordance;
detecting an input selecting the captured media viewing affordance; and
in response to detecting the input selecting the captured media viewing affordance, displaying a captured media viewing interface that includes representations of a plurality of captured media items (Just swipe the histogram to switch into video recording mode. Another swipe and you're reviewing your photos.).
Regarding claim 7, Pris in view of Global Delight Technologies teaches the method of claim 1. Global Delight Technologies teaches wherein the first capture affordance is a first virtual button and the second capture affordance is a second virtual button (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 1 is applicable.
Regarding claim 8, Pris in view of Global Delight Technologies teaches the method of claim 1. Global Delight Technologies teaches in response to detecting the input, transitioning from display of the first capture affordance to display of the second capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 1 is applicable.
Regarding claim 9, Pris in view of Global Delight Technologies teaches the method of claim 1. Global Delight Technologies teaches wherein the second capture affordance is displayed, via the display, with a same size and/or shape as the first capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 1 is applicable.
Regarding claim 10, Pris in view of Global Delight Technologies teaches the method of claim 1. Global Delight Technologies teaches wherein the second capture affordance has a different color than the first capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 1 is applicable.
Regarding claim 11, Pris teaches a non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by an electronic device with a display and one or more cameras (Phone with memory and app), cause the electronic device to perform operations including:
displaying, via the display, a first camera interface, wherein the first camera interface includes a first camera preview and a first capture affordance for initiating capture of photos with the one or more cameras (Tap the Screen Take a picture or start a recording.);
while displaying the first camera interface via the display, detecting an input that includes movement across the first camera preview (Swipe Right Toggle video mode, to film HD movies.); and
in response to detecting the input, replacing display of the first camera interface with a second camera interface, wherein the second camera interface includes a second camera preview and a second capture affordance for initiating capture of video content with the one or more cameras (Tap the Screen Take a picture or start a recording.),
PRIS does not explicitly teach the following limitations, however, in an analogous art, Global Delight Technologies teaches wherein the first capture affordance is different from the first camera preview (page 10: video camera preview and affordance); the second capture affordance is different from the second camera preview (page 10: still camera preview and affordance); and the second capture affordance has a different appearance than the first capture affordance (Page 10: still camera affordance and video camera affordance are different).
It would have been obvious for a person of ordinary skill in the art, before the effective date of the claimed invention, to take the teachings of Global Delight Technologies and apply them to PRIS. On would be motivated as such to give the user a greater manual control over their captures. (Global Delight Technologies: [1.1 Product Overview])
Regarding claim 12, Pris in view of Global Delight Technologies teaches non-transitory computer readable storage medium of claim 11. Global Delight Technologies teaches wherein the second capture affordance is displayed at a same location as the first capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 11 is applicable.
Regarding claim 13, Pris in view of Global Delight Technologies teaches the non-transitory computer readable storage medium of claim 11. Pris teaches wherein: the input that includes movement across the first camera preview comprises a first input that includes a swipe in a first direction; and the one or more programs include instructions, which when executed by the electronic device, cause the electronic device to perform operations including:
while displaying the first camera interface, detecting a second input that includes a swipe in a second direction, different from the first direction (Just swipe the histogram to switch into video recording mode. Another swipe and you're reviewing your photos.); and
in response to detecting the second input, replacing display of the first camera interface with a third camera interface, wherein the third camera interface includes the first capture affordance for initiating capture of photos with the one or more cameras (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Regarding claim 14, Pris in view of Global Delight Technologies teaches the non-transitory computer readable storage medium of claim 13. Pris teaches wherein the one or more programs include instructions, which when executed by the electronic device, cause the electronic device to perform operations including:
while displaying the second camera interface, detecting a third input that includes a swipe in the second direction; and
in response to detecting the third input, replacing display of the second camera interface with the first camera interface (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Regarding claim 16, Pris in view of Global Delight Technologies teaches the non-transitory computer readable storage medium of claim 11. Pris teaches wherein the one or more programs include instructions, which when executed by the electronic device, cause the electronic device to perform operations including:
while displaying, via the display, the first camera interface, displaying a captured media viewing affordance;
while replacing display of the first camera interface with the second camera interface, maintaining display of the captured media viewing affordance;
detecting an input selecting the captured media viewing affordance; and
in response to detecting the input selecting the captured media viewing affordance, displaying a captured media viewing interface that includes representations of a plurality of captured media items (Just swipe the histogram to switch into video recording mode. Another swipe and you're reviewing your photos.).
Regarding claim 17, Pris teaches an electronic device, comprising: a display; one or more cameras; one or more processors; memory; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors (Phone), the one or more programs including instructions for:
displaying, via the display, a first camera interface, wherein the first camera interface includes a first camera preview and a first capture affordance for initiating capture of photos with the one or more cameras (Tap the Screen Take a picture or start a recording.);
while displaying the first camera interface via the display, detecting an input that includes movement across the first camera preview (Swipe Right Toggle video mode, to film HD movies.); and
in response to detecting the input, replacing display of the first camera interface with a second camera interface, wherein the second camera interface includes a second camera preview and a second capture affordance for initiating capture of video content with the one or more cameras (Tap the Screen Take a picture or start a recording.),
PRIS does not explicitly teach the following limitations, however, in an analogous art, Global Delight Technologies teaches wherein the first capture affordance is different from the first camera preview (page 10: video camera preview and affordance); the second capture affordance is different from the second camera preview (page 10: still camera preview and affordance); and the second capture affordance has a different appearance than the first capture affordance (Page 10: still camera affordance and video camera affordance are different).
It would have been obvious for a person of ordinary skill in the art, before the effective date of the claimed invention, to take the teachings of Global Delight Technologies and apply them to PRIS. On would be motivated as such to give the user a greater manual control over their captures. (Global Delight Technologies: [1.1 Product Overview])
Regarding claim 18, Pris in view of Global Delight Technologies teaches the electronic device of claim 17. Global Delight Technologies wherein the second capture affordance is displayed, via the display, at a same location as the first capture affordance (page 10). The same motivation used to combine Pris in view of Global Delight Technologies in claim 11 is applicable.
Regarding claim 19, Pris in view of Global Delight Technologies teaches the electronic device of claim 17. Pris teaches wherein:
the input that includes movement across the first camera preview comprises a first input that includes a swipe in a first direction; and
the method includes,
while displaying the first camera interface, detecting a second input that includes a swipe in a second direction, different from the first direction (Just swipe the histogram to switch into video recording mode. Another swipe and you're reviewing your photos.); and
in response to detecting the second input, replacing display of the first camera interface with a third camera interface, wherein the third camera interface includes the first capture affordance for initiating capture of photos with the one or more cameras (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Regarding claim 20, Pris in view of Global Delight Technologies teaches the electronic device of claim 19. Pris teaches wherein the one or more programs include instructions for:
while displaying the second camera interface, detecting a third input that includes a swipe in the second direction; and
in response to detecting the third input, replacing display of the second camera interface with the first camera interface (2 Swipe Left Review your camera roll, preview pictures and play recorded movies.
3 Swipe Right Toggle video mode, to film HD movies.).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over PRIS in view of Global Delight Technologies further in view of Ozawa (US 20100026643 A1).
Regarding claim 5, PRIS in view of Global Delight Technologies teaches the method of claim 1. PRIS in view of Global Delight Technologies does not explicitly teach in response to detecting the input, shifting a portion of the first camera interface in a direction of movement of the input across the first camera preview.
Ozawa teaches in response to detecting the input, shifting a portion of the first camera interface in a direction of movement of the input across the first camera preview (Fig. 3: imaging mode is zoomed in or out according to the movement).
It would have been obvious for a person of ordinary skill in the art, before the effective date of the claimed invention, to take the teachings of Ozawa and apply them to PRIS in view of Global Delight Technologies. On would be motivated as such the user's chance of missing imaging opportunities, which are important in the camera operation, will be drastically reduced (Ozawa: [0114])
Regarding claim 15, PRIS in view of Global Delight Technologies teaches the non-transitory computer readable storage medium of claim 11. PRIS in view of Global Delight Technologies does not explicitly teach wherein the one or more programs include instructions, which when executed by the electronic device, cause the electronic device to perform operations including: in response to detecting the input, shifting a portion of the first camera interface in a direction of movement across the first camera preview.
Ozawa teaches wherein the one or more programs include instructions, which when executed by the electronic device, cause the electronic device to perform operations including: in response to detecting the input, shifting a portion of the first camera interface in a direction of movement across the first camera preview (Fig. 3: imaging mode is zoomed in or out according to the movement).
It would have been obvious for a person of ordinary skill in the art, before the effective date of the claimed invention, to take the teachings of Ozawa and apply them to PRIS in view of Global Delight Technologies. On would be motivated as such the user's chance of missing imaging opportunities, which are important in the camera operation, will be drastically reduced (Ozawa: [0114])
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HESHAM K ABOUZAHRA whose telephone number is (571)270-0425. The examiner can normally be reached M-F 8-5.
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/HESHAM K ABOUZAHRA/Primary Examiner, Art Unit 2486