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 .
Election/Restrictions
Applicant’s election without traverse of species II corresponding to claims 1-7 and 9-17 in the reply filed on 3/30/2026 is acknowledged.
Claim 8 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/30/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 10 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asawa US 2023/0097922.
Re claims 1 and 16-17, Asawa discloses an electronic device (digital camera 1), a control method of an electronic device (1) and a non-transitory computer readable medium that stores a program that causes a computer to execute a control method for an electronic device (1) comprising: a processor (camera controller 140); and a memory storing a program which, in a case where being executed by the processor, causes the electronic device to execute image acquiring processing of acquiring a live-view image (30) which picked up an image of a real space by an imaging device (110)(paragraphs 47-49, 79); execute determination processing of determining a first range indicating a range having accuracy of auto-focus equal to or higher than predetermined accuracy in the live-view image; and execute control processing of controlling a display such that a part of the live- view image is displayed on a basis of the first range (when a user performs a touch operation on the outside of the display for bringing the digital camera 1 into focus on subject 32 different from prefocused subject 31 the image is displayed so that part of the live-view image corresponding to subject 32 is displayed on the basis of a first range having autofocus accuracy higher than a predetermined accuracy so that the subject 32 is displayed in focus) (figures 7A-7C; paragraphs 79-100).
Re claim 2, Asawa further discloses that in the control processing, the display is controlled such that the first range (32) is displayed by contacting a display surface of the display from an inner side of the display (when a user performs a touch operation on the outside of the display for bringing the digital camera 1 into focus on subject 32 different from prefocused subject 31 the image is displayed so that part of the live-view image corresponding to subject 32 is displayed on the basis of a first range having autofocus accuracy higher than a predetermined accuracy so that the subject 32 is displayed in focus) (figures 7A-7C; paragraphs 79-100).
Re claim 3, Asawa further discloses that in the control processing, in a range of the live-view image displayed on the display, the first range (user selected subject 32) and a second range (pre-focused subject 31), which is not the first range, are displayed such that it is possible for a user to distinguish between the first and second ranges (the user selected subject 32 and the pre-focused subject 31 are displayed on display to allow a user to distinguish between the first and second focusing ranges)(figures 7A-7C; paragraphs 79-100).
Re claim 4, Asawa further discloses that in a case where a position in the first range is selected by the user, first processing of moving a display item, which indicates a position of auto-focus, to the selected position is executed (when a user performs a touch operation to focus subject 32 an autofocus frame 72 indicating a position of autofocus is placed around subject 32) (figures 7A-7C; paragraphs 79-100); and in a case where a position in the second range is selected by the user, second processing different from the first processing is executed (in a case where the touch position is within a range of the focused autofocus frame 71 and subject 31 the camera controller 140 performs defocusing)(paragraphs 91-92).
Re claim 5, Asawa further discloses that in the control processing, the display is controlled such that the first range is displayed in contact with a display surface of the display from an outer side of the display (when a user performs a touch operation on the outside of the display for bringing the digital camera 1 into focus on subject 32 different from prefocused subject 31 the image is displayed so that part of the live-view image corresponding to subject 32 is displayed on the basis of a first range having autofocus accuracy higher than a predetermined accuracy so that the subject 32 is displayed in focus) (figures 7A-7C; paragraphs 79-100).
Re claims 6-7, Asawa further discloses that in the control processing, in a case where the imaging device is not in a specific operation mode, the display is controlled such that an entirety of the live-view image is displayed, wherein the specific operation mode is an operation mode for performing auto-focus (the live view screen of the camera displays the entire live view image when not in autofocus mode without any icons superimposed and displays AF time bar 40 and icon 50 superimposed over the live view image when in autofocus mode) (figures 3, 7A,9A; paragraphs 46-51).
Re claim 10, Asawa further discloses that in the control processing, even in a case where a part of the live-view image is displayed on the display on the basis of the first range, in a specific case, display on the display is switched such that an entirety of the live-view image is displayed (the entire live view image is displayed without superimposed autofocus controls before autofocus control is initiated)(figures 5A,7A, 9A; paragraphs 54-60).
Re claim 14, Asawa further discloses that the first range is determined on the basis of at least either one of information related to the imaging device and information related to a lens attached to the imaging device (when a user performs a touch operation on the outside of the display indicating positional image display information relating to the imaging device for bringing the digital camera 1 into focus on subject 32 different from prefocused subject 31 the image is displayed so that part of the live-view image corresponding to subject 32 is displayed on the basis of a first range having autofocus accuracy higher than a predetermined accuracy so that the subject 32 is displayed in focus) (figures 7A-7C; paragraphs 79-100).
Re claim 15, Asawa further discloses that the imaging device acquires the live-view image by picking up an image of the real space (image sensor 110 generates a live-view image which is displayed on display 130)(paragraphs 21-23).
Allowable Subject Matter
Claims 9 and 11-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Re claim 9, the prior art fails to teach or suggest, an electronic device having the specific configurations disclosed in claim 9, wherein the electronic device comprises: a processor; and a memory storing a program which, in a case where being executed by the processor, causes the electronic device to execute image acquiring processing of acquiring a live-view image which picked up an image of a real space by an imaging device; execute determination processing of determining a first range indicating a range having accuracy of auto-focus equal to or higher than predetermined accuracy in the live-view image; and execute control processing of controlling a display such that a part of the live- view image is displayed on a basis of the first range, wherein processing of determining whether or not the live-view image has a first image and a second image having parallax to each other is further executed; and in the determination processing, in a case where it is determined that the live- view image has the first image and the second image, a range indicating a range where accuracy of auto-focus in either one of the first image and the second image is equal to or higher than the predetermined accuracy is determined as the first range. The prior art fails to specifically disclose an electronic device capable of acquiring a live-view image and determining a range of autofocus and determining whether or not the live-view image has a first image and a second image having parallax to each other and configured and arranged in the exact configuration disclosed in the specification and the claims.
Re claims 11-13, the prior art fails to teach or suggest, an electronic device having the specific configurations disclosed in claims 11-13, wherein the electronic device comprises: a processor; and a memory storing a program which, in a case where being executed by the processor, causes the electronic device to execute image acquiring processing of acquiring a live-view image which picked up an image of a real space by an imaging device; execute determination processing of determining a first range indicating a range having accuracy of auto-focus equal to or higher than predetermined accuracy in the live-view image; and execute control processing of controlling a display such that a part of the live- view image is displayed on a basis of the first range, wherein in the control processing, even in a case where a part of the live-view image is displayed on the display on the basis of the first range, in a specific case, display on the display is switched such that an entirety of the live-view image is displayed, wherein the specific case is a case where it is determined that the imaging device is moving more largely than a threshold value. The prior art fails to specifically disclose an electronic device capable of acquiring a live-view image and determining a range of autofocus and switching the display of the live view image based on a movement threshold value and configured and arranged in the exact configuration disclosed in the specification and the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kondo US 2018/0063396 discloses an image capturing apparatus including a setting unit for setting focus modes.
Hongu et al. US 2016/0309089 discloses a focus control apparatus including a setting unit for setting different focus areas.
Masamura US 2020/0036900 discloses an image pickup apparatus including an interface allowing a user to set focus areas.
Huang US 2009/0244357 discloses an imaging apparatus including a position specification unit allowing a user to specify focusing areas on an image.
Hada US 2016/0165142 discloses an image capturing apparatus allowing a user to designate focusing areas on a displayed image.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699
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