Prosecution Insights
Last updated: May 29, 2026
Application No. 18/923,242

INFORMATION PROCESSING DEVICE, MEDIUM AND METHOD FOR USING A TOUCH SCREEN DISPLAY TO CAPTURE AT LEAST ONE IMAGE

Final Rejection §102§103§112
Filed
Oct 22, 2024
Priority
Aug 12, 2014 — JP 2014-164154 +4 more
Examiner
CALDERON, CYNTHIA
Art Unit
2639
Tech Center
2600 — Communications
Assignee
Sony Group Corporation
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
10m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
604 granted / 786 resolved
+14.8% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
802
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
76.9%
+36.9% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 786 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice of Amendments 2. The Examiner acknowledges the amended claims filed on 04/10/2026. Claims 1, 5, 12, 16, 23 and 27 have been amended. 3. The Examiner withdraws the claim objections of claim 1 as per amendment filed on 04/10/2026 addresses issues. Priority 4. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 08/12/2024. It is noted, however, that applicant has not filed a certified copy of the JP2014-164154 application as required by 37 CFR 1.55. Terminal Disclaimer 5. The terminal disclaimer filed on 04/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent 12,200,346 has been reviewed and is accepted. The terminal disclaimer has been recorded. Response to Arguments 6. Applicant's arguments filed 04/10/2026 have been fully considered but they are not persuasive. 7. Regarding claims 1, 12 and 23: Applicant submits that Kinoshita fails to disclose “wherein capturing is performed based on the touch, not an interaction between multiple display objects”. Specifically, Applicant submits that the claimed capture control model relies on positional movement of one display object, nor inter-object overlap. Thus, Applicant argues that Kinoshita do not disclose or suggest performing image capture based on maintaining a touch that moved of a single movable display from a first position along a predetermined direction without interaction with another display object; see pages 11-12 of the Remarks. Examiner respectfully disagrees. In response to Applicant’s position, the examiner would like to point out that Kinoshita discloses at paragraph 0068: “the touch position where the SW1 button and the SW2 button overlap when the SW1 button is slid, the touch position may be determined in advance and stored in the non-volatile memory 103, and a determination made that the SW1 button and the SW2 button overlap if a detected touch position matches the predetermined position. In this case, the touch coordinates for a case of overlap may be recorded as a threshold. If the touch coordinates detected when the SW1 slide operation is performed exceed the threshold, a determination may be made that the SW1 button and the SW2 button overlap, and an imaging start command is transmitted”. Therefore, image capturing is executed by detecting that a specific touching position currently matches predetermined coordinates in the display screen, when touching and moving object 314, rather than actually detecting an interaction between the displayed objects. 8. Regarding claims 9, 11, 20, 22, 31 and 33: Applicant submits similar arguments as those presented in section 7 (see pages 12-13 of the Remarks), thus the response to arguments provided above in section 7 also apply to these claims. Claim Rejections - 35 USC § 112 9. The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. 10. Claims 1-33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, claims 1, 12 and 23 recite the limitation "wherein the capturing is performed based on the touch, not an interaction between multiple display objects”. However, nowhere in the disclosure of the instant application is stated that the capturing is performed based on the touch, not an interaction between multiple display objects. When negative limitations are recited in the claims, the disclosure has to explicitly disclose them. Drawings are not sufficient as a matter to provide support for negative limitations. The disclosure should indicate that the negative limitation should provide a benefit to the invention. MPEP 2173.05(i) states: “Any negative limitation or exclusionary proviso must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims. See In re Johnson, 558 F.2d 1008, 1019, 194 USPQ 187, 196 (CCPA 1977) (“[the] specification, having described the whole, necessarily described the part remaining.”). See also Ex parte Grasselli, 231 USPQ 393 (Bd. App. 1983), aff’d mem., 738 F.2d 453 (Fed. Cir. 1984). The mere absence of a positive recitation is not basis for an exclusion. Any claim containing a negative limitation which does not have basis in the original disclosure should be rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. Note that a lack of literal basis in the specification for a negative limitation may not be sufficient to establish a prima facie case for lack of descriptive support. Ex parte Parks, 30 USPQ2d 1234, 1236 (Bd. Pat. App. & Inter. 1993). See MPEP § 2163 - § 2163.07(b) for a discussion of the written description requirement of 35 U.S.C. 112, first paragraph.” Thus, the Examiner believes the 35 U.S.C. 112 rejections to be proper. Applicant is welcomed to point out where in the specification the Examiner can find support for these negative limitations, if Applicant believes otherwise. Claim Rejections - 35 USC § 102 11. 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. 12. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 13. Claims 1-8, 10, 12-19, 21, 23-30 and 32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kinoshita (US-PGPUB 2014/0078371). Regarding claim 1, Kinoshita discloses an information processing device (see figs. 1-3) comprising: an image sensor (Apparatus 2 with image sensor 23; see fig. 1 and paragraph 0029); a touch screen display (Touch panel display 51, is the display 105. Fig. 4A is a display example of an operation/display screen 310 of the touch panel display 51; see paragraphs 0047-0048), and control circuitry (CPU 101; see fig. 3) configured to (CPU 101 controls the various units in the display control apparatus 100; see paragraph 0038): select a shoot mode from a plurality of shoot modes by user input operation to a touch screen display (The imaging apparatus 2 setting information including imaging setting information about the imaging mode can be changed by operating the display control apparatus 100 using display 51; see paragraph 0062); control a touch screen display to display a touch graphical user interface (GUI) including a movable display object movable from a first position along a predetermined direction (Operation icon 314 for instructing SW1 is displayed on the operation/display screen 310. In addition, SW1 button 314 can be slid by displaying a guide line 315 indicating the slide direction of the SW1 button 314; se figs. 4A-B and paragraphs 0049-0050); control the image sensor to capture one or more images in the selected shoot mode while maintaining a touch on the touch screen display that moved the movable display object from the first position along the predetermined direction (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. The processing is performed so that continuous shooting is performed by continuing the imaging operation by the imaging apparatus 2 during the period that it is determined that the SW1 button is overlapping the SW2 button, without returning the SW1 button 314 to its original display position; see paragraph 0076), and control the touch screen display to display an animation moving the movable display object to the first position in response to detecting a ceasing of the touch on the touch screen display (“the processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released…Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point”; see paragraph 0097. Therefore, when the released operation is detected (ceasing the touching), then the animation is provided by allowing the graphical button 314 to return to the original display position on its own), wherein the capturing is performed based on the touch, not an interaction between multiple display objects (The touch position where the SW1 button and the SW2 button overlap when the SW1 button is slid, the touch position may be determined in advance and stored in the non-volatile memory 103, and a determination made that the SW1 button and the SW2 button overlap if a detected touch position matches the predetermined position. In this case, the touch coordinates for a case of overlap may be recorded as a threshold. If the touch coordinates detected when the SW1 slide operation is performed exceed the threshold, a determination may be made that the SW1 button and the SW2 button overlap, and an imaging start command is transmitted”; see paragraph 0068). Regarding claim 2, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the control circuitry (CPU 101; see fig. 1 and paragraph 0038) is further configured to operate a first operation (Imaging preparation operation is executed, such as adjustment of an imaging setting, including autofocusing, automatic exposure control, and automatic white balance; see paragraphs 0053, 0031) in response to detecting a maintaining of a touching of the touch screen display at the first position for a predetermined amount of time (When the display control apparatus 100 (CPU 101) detects that the SW1 button 314 has been touched, the display control apparatus 100 transmits an imaging preparation start command to the imaging apparatus 2. When the display control apparatus 100 detects that the touch has been released from the SW1 button 314, the display control apparatus 100 transmits an imaging preparation stop command to the imaging apparatus 2; see paragraph 0053. Therefore, while button 314 is touched and the touch is maintained; then the imaging preparation is executed. If button 314 is slid towards button 313, then continuous shooting is executed; see paragraph 0076. If button 314 is slid towards a direction that is not capable of sliding, then the action is taken as it is being released and imaging preparation is also stopped; see paragraph 0054). Regarding claim 3, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the control circuitry is further configured to stop capturing the one or more images in a second imaging mode in response to detecting the ceasing of the touching the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. The processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 4 Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the control circuitry is further configured to end capturing the one or more images in a continuous shoot mode in response to detecting the ceasing of the touching of the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. By displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 5, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the control circuitry is further configured to move the movable display object back into view at the first position in response to detecting a ceasing of touching of the touch screen display (The processing is configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 6, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the movable display object is initially displayed near a home button of the touch GUI (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. Figure 4A illustrates button 314 at the initial first position before reaching and overlapping button 313, the initial position situated at the bottom of the display which is located near the home button of the display device 100 (white circle at the bottom of the display), see fig. 4A). Regarding claim 7, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the touch GUI includes a settings icon (Operation icon 312 is an operation member for setting the display area of the screen 311 between an enlarged and a reduced display; see paragraph 0051. In addition, the imaging apparatus 2 setting information can be changed by operating the display control apparatus 100; see paragraph 0062). Regarding claim 8, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048). Regarding claim 10, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). Regarding claim 12, Kinoshita discloses a non-transitory computer-readable medium (Memory 102; see paragraph 0038) storing instructions that, when executed by a processor (CPU 101; see fig. 3 and paragraphs 0037-0038), cause the processor to execute operations comprising: selecting a shoot mode from a plurality of shoot modes by user input operation to a touch screen display (The imaging apparatus 2 setting information including imaging setting information about the imaging mode can be changed by operating the display control apparatus 100 using display 51; see paragraph 0062); displaying a touch graphical user interface (GUI) (Display 105 displays an image and a graphical user interface (GUI) screen forming a GUI under the control of the CPU 101; see paragraph 0040. Touch panel display 51, is the display 105. Fig. 4A is a display example of an operation/display screen 310 of the touch panel display 51; see paragraphs 0047-0048) including a movable display object movable from a first position along a predetermined direction (Operation icon 314 for instructing SW1 is displayed on the operation/display screen 310. In addition, SW1 button 314 can be slid by displaying a guide line 315 indicating the slide direction of the SW1 button 314; se figs. 4A-B and paragraphs 0049-0050); controlling an image sensor to capture one or more images in the selected mode while maintaining a touch on the touch screen display that moved the movable display object from the first position along the predetermined direction (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. The processing is performed so that continuous shooting is performed by continuing the imaging operation by the imaging apparatus 2 during the period that it is determined that the SW1 button is overlapping the SW2 button, without returning the SW1 button 314 to its original display position; see paragraph 0076), and controlling the touch screen display to display an animation moving the movable display object to the first position in response to detecting a ceasing of the touch on the touch screen display (“the processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released…Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point”; see paragraph 0097. Therefore, when the released operation is detected (ceasing the touching), then the animation is provided by allowing the graphical button 314 to return to the original display position on its own), wherein the capturing is performed based on the touch, not an interaction between multiple display objects (The touch position where the SW1 button and the SW2 button overlap when the SW1 button is slid, the touch position may be determined in advance and stored in the non-volatile memory 103, and a determination made that the SW1 button and the SW2 button overlap if a detected touch position matches the predetermined position. In this case, the touch coordinates for a case of overlap may be recorded as a threshold. If the touch coordinates detected when the SW1 slide operation is performed exceed the threshold, a determination may be made that the SW1 button and the SW2 button overlap, and an imaging start command is transmitted”; see paragraph 0068). Regarding claim 13, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the operations further comprise: operating a first operation (Imaging preparation operation is executed, such as adjustment of an imaging setting, including autofocusing, automatic exposure control, and automatic white balance; see paragraphs 0053, 0031) in response to detecting a maintaining of a touching of touch screen display at the first position for a predetermined amount of time (When the display control apparatus 100 (CPU 101) detects that the SW1 button 314 has been touched, the display control apparatus 100 transmits an imaging preparation start command to the imaging apparatus 2. When the display control apparatus 100 detects that the touch has been released from the SW1 button 314, the display control apparatus 100 transmits an imaging preparation stop command to the imaging apparatus 2; see paragraph 0053. Therefore, while button 314 is touched and the touch is maintained; then the imaging preparation is executed. If button 314 is slid towards button 313, then continuous shooting is executed; see paragraph 0076. If button 314 is slid towards a direction that is not capable of sliding, then the action is taken as it is being released and imaging preparation is also stopped; see paragraph 0054). Regarding claim 14, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the operations further comprise: stopping capture of the one or more images in a second imaging mode in response to detecting the ceasing of the touching of the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. The processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 15, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses end capturing the one or more images in the continuous shoot mode in response to detecting the ceasing of touching of the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. By displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 16, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses moving the movable display object back into view at the first position in response to detecting the ceasing of the touching touch screen display (The processing is configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 17, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the movable display object is initially displayed near a home button of the touch GUI (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. Figure 4A illustrates button 314 at the initial first position before reaching and overlapping button 313, the initial position situated at the bottom of the display which is located near the home button of the display device 100 (white circle at the bottom of the display), see fig. 4A). Regarding claim 18, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the touch GUI includes a settings icon (Operation icon 312 is an operation member for setting the display area of the screen 311 between an enlarged and a reduced display; see paragraph 0051. In addition, the imaging apparatus 2 setting information can be changed by operating the display control apparatus 100; see paragraph 0062). Regarding claim 19, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048). Regarding claim 21, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). Regarding claim 23, Kinoshita discloses an information processing method (see figs. 1-3, 6) comprising: selecting a shoot mode from a plurality of shoot modes by user input operation to a touch screen display (The imaging apparatus 2 setting information including imaging setting information about the imaging mode can be changed by operating the display control apparatus 100 using display 51; see paragraph 0062); displaying a touch graphical user interface (GUI) (Display 105 displays an image and a graphical user interface (GUI) screen forming a GUI under the control of the CPU 101; see paragraph 0040. Touch panel display 51, is the display 105. Fig. 4A is a display example of an operation/display screen 310 of the touch panel display 51; see paragraphs 0047-0048) including a movable display object movable from a first position along a predetermined direction (Operation icon 314 for instructing SW1 is displayed on the operation/display screen 310. In addition, SW1 button 314 can be slid by displaying a guide line 315 indicating the slide direction of the SW1 button 314; se figs. 4A-B and paragraphs 0049-0050); and controlling an image sensor to capture one or more images the selected mode while maintaining a touch on the touch screen display that moved the movable display object from the first position along the predetermined direction (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. The processing is performed so that continuous shooting is performed by continuing the imaging operation by the imaging apparatus 2 during the period that it is determined that the SW1 button is overlapping the SW2 button, without returning the SW1 button 314 to its original display position; see paragraph 0076), and controlling the touch screen display to display an animation moving the movable display object to the first position in response to detecting a ceasing of the touch on the touch screen display (“the processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released…Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point”; see paragraph 0097. Therefore, when the released operation is detected (ceasing the touching), then the animation is provided by allowing the graphical button 314 to return to the original display position on its own), wherein the capturing is performed based on the touch, not an interaction between multiple display objects (The touch position where the SW1 button and the SW2 button overlap when the SW1 button is slid, the touch position may be determined in advance and stored in the non-volatile memory 103, and a determination made that the SW1 button and the SW2 button overlap if a detected touch position matches the predetermined position. In this case, the touch coordinates for a case of overlap may be recorded as a threshold. If the touch coordinates detected when the SW1 slide operation is performed exceed the threshold, a determination may be made that the SW1 button and the SW2 button overlap, and an imaging start command is transmitted”; see paragraph 0068). Regarding claim 24, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses operating a first operation (Imaging preparation operation is executed, such as adjustment of an imaging setting, including autofocusing, automatic exposure control, and automatic white balance; see paragraphs 0053, 0031) in response to detecting the operation of maintaining a touching of the touch screen display for a predetermined amount of time (When the display control apparatus 100 (CPU 101) detects that the SW1 button 314 has been touched, the display control apparatus 100 transmits an imaging preparation start command to the imaging apparatus 2. When the display control apparatus 100 detects that the touch has been released from the SW1 button 314, the display control apparatus 100 transmits an imaging preparation stop command to the imaging apparatus 2; see paragraph 0053. Therefore, while button 314 is touched and the touch is maintained; then the imaging preparation is executed. If button 314 is slid towards button 313, then continuous shooting is executed; see paragraph 0076. If button 314 is slid towards a direction that is not capable of sliding, then the action is taken as it is being released and imaging preparation is also stopped; see paragraph 0054). Regarding claim 25, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses stopping capture of the one or more images in a second imaging mode in response to detecting a ceasing of the touching the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. The processing may also be configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 26, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita ending a continuous shoot mode in response to detecting a ceasing of touching of the touch screen display (In response to detection of the fact that the SW1 button is no longer overlapping the SW2 button, an imaging stop command is transmitted to the imaging apparatus 2, and an instruction to stop the continuous shooting is notified; see paragraph 0076. By displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 27, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses moving the movable display object back into view at the first position in response to detecting a ceasing of touching of the touch screen display (The processing is configured so that the display position of the SW1 button is not returned to its original position, and is displayed in a state overlapping the SW2 button until the touch on the SW2 button is released. Thus, by displaying the SW1 button and the SW2 button in an overlapping state until the touch is released, the user can grasp what instructions have been made by a touch operation up until that point, see paragraph 0097). Regarding claim 28 Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses the movable display object is displayed initially near a home button of the touch GUI (After the SW1 button 314 has been touched, the SW1 button 314 can be slid in the direction of the SW2 button 313; see paragraph 0054. Figure 4A illustrates button 314 at the initial first position before reaching and overlapping button 313, the initial position situated at the bottom of the display which is located near the home button of the display device 100 (white circle at the bottom of the display), see fig. 4A). Regarding claim 29, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses the touch GUI includes a settings icon (Operation icon 312 is an operation member for setting the display area of the screen 311 between an enlarged and a reduced display; see paragraph 0051. In addition, the imaging apparatus 2 setting information can be changed by operating the display control apparatus 100; see paragraph 0062). Regarding claim 30, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048). Regarding claim 32, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). 14. Claims 9, 11, 20, 22, 31 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Kinoshita in view of Choi et al. (US-PGPUB 2014/0063313). Regarding claim 9, Kinoshita discloses everything claimed as applied above (see claim 1). However, Kinoshita fails to disclose the touch GUI displays an icon for changing a zoom magnification of the image sensor. On the other hand, Choi discloses the touch GUI displays an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153 and fig. 7A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI displays an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Regarding claim 11, Kinoshita discloses everything claimed as applied above (see claim 1). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048) and wherein the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). However, Kinoshita fails to disclose the touch GUI includes an icon for changing a zoom magnification of the image sensor. Nevertheless, Choi discloses the touch GUI includes an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153 and fig. 7A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI includes an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Regarding claim 20, Kinoshita discloses everything claimed as applied above (see claim 12). However, Kinoshita fails to disclose the touch GUI displays an icon for changing a zoom magnification of the image sensor. On the other hand, Choi discloses the touch GUI displays an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153 and fig. 7A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI displays an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Regarding claim 22, Kinoshita discloses everything claimed as applied above (see claim 12). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048) and wherein the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). However, Kinoshita fails to disclose the touch GUI includes an icon for changing a zoom magnification of the image sensor. Nevertheless, Choi discloses the touch GUI includes an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI includes an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Regarding claim 31, Kinoshita discloses everything claimed as applied above (see claim 23). However, Kinoshita fails to disclose the touch GUI displays an icon for changing a zoom magnification of the image sensor. On the other hand, Choi discloses the touch GUI displays an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153 and fig. 7A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI displays an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Regarding claim 33, Kinoshita discloses everything claimed as applied above (see claim 23). In addition, Kinoshita discloses the touch GUI includes an icon for setting a camera imaging mode (The setting information is, for example, imaging setting information about the imaging mode setting status. If the imaging apparatus 2 setting information has been changed by operating the display control apparatus 100, an update is notified from the imaging apparatus 2 to the display control apparatus 100; see paragraphs 0062, 0040, 0047-0048) and wherein the touch GUI is displayed on a first portion of the touch screen display (The bottom area of item 310 located below rectangle area 311; see figs. 4A-B), and a through-image preview is shown on a second portion of the touch screen display, the second portion being distinct from the first portion (The live view image obtained from the imaging apparatus 2 is displayed on screen 311, the upper area of item 310. Live image region 311 is displayed above icon buttons 314 and 313; see figs. 4A-4B and paragraph 0048). However, Kinoshita fails to disclose the touch GUI includes an icon for changing a zoom magnification of the image sensor. Nevertheless, Choi discloses the touch GUI includes an icon for changing a zoom magnification of the image sensor (In a camera mode, a slide button 237 is output to at least one side of the capturing button. The slide button 237 can be moved by a user's drag. Once the slide button 237 is dragged towards the capturing button 233, a zoom function is activated. If the slide button 237 is slid towards the plus icon, a zoom-in function is executed. On the other hand, if the slide button 237 is slid towards the minus icon, a zoom-out function is executed; see paragraphs 0152-0153 and fig. 7A). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kinoshita and Choi to provide the touch GUI includes an icon for changing a zoom magnification of the image sensor for the purpose of effectively capturing images in accordance to user preferences while allowing the user to easily control the captured field of view through the manipulation of a friendly user interface. Conclusion 15. 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. 16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA CALDERON whose telephone number is (571)270-3580. The examiner can normally be reached M-F 9:00 AM-5:00 PM. 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, 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. 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. /CYNTHIA CALDERON/Primary Examiner, Art Unit 2639 04/21/2026
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Prosecution Timeline

Oct 22, 2024
Application Filed
Jan 14, 2026
Non-Final Rejection mailed — §102, §103, §112
Apr 10, 2026
Response Filed
Apr 23, 2026
Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
95%
With Interview (+18.0%)
2y 5m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 786 resolved cases by this examiner. Grant probability derived from career allowance rate.

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