DETAILED ACTION
This office action is responsive to communication filed on June 2, 2026.
Response to Arguments
Applicant's arguments filed June 2, 2026 have been fully considered but they are not persuasive.
Applicant argues, with respect to claim 1, that Gupta fails to teach "a plurality of posting conditions and information as to whether each of the plurality of posting conditions is satisfied, together with a live view image, wherein the plurality of posting conditions include a first condition and include a second condition that is different from the first condition."
The Examiner respectfully disagrees. Gupta et al. teaches that the imaging apparatus is configured to control to display, on a display (i.e. comprising a “camera viewfinder”, paragraph 0053, see figures 2D-2G), a plurality of posting conditions and information as to whether each of the plurality of posting conditions is satisfied, together with a live view image (As shown in figures 2D-2G, a live view image of the subject is displayed along with a pose guide (220) including multiple portions/segments (i.e. a plurality of posting conditions, e.g. 222a-222f of figure 2E), paragraph 0069-0071. The portions/segments (i.e. plurality of posting conditions) are each shown in a display color (i.e. information as to whether each of the plurality of posting conditions is satisfied) that indicates alignment/misalignment between the subject and the display guide, as detailed in paragraphs 0069-0071 and shown in figures 2E-2G.), wherein the plurality of posting conditions include a first condition and include a second condition that is different from the first condition (Each segment (e.g. 222a-222f of figure 2E) corresponds to a different part of the body and thus corresponds to a different posting condition, paragraph 0069, figure 2E).
Therefore, the rejection is maintained by the Examiner.
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta et al. (US 2022/0232162).
Consider claim 1, Gupta et al. teaches:
An imaging apparatus (client computing device, 108, figures 1, 6 and 10) comprising:
one or more memories; and one or more processors in communication with the one or more memories (Paragraph 0052 recites, “The client computing device 108 comprises one of a variety of computing devices, including a smartphone, a tablet, a smart television, a desktop computer, a laptop computer, a virtual reality device, an augmented reality device, or another computing device as described in relation to FIG. 10.” The computing device (1000) in figure 10 comprises one or more processors (1002) and a memory (1004) in communication with the one or more processors (1002) via a bus (1012), paragraphs 0170-0173.), wherein
the one or more processors (1002) and the one or more memories (1004) are configured to:
control to display, on a display (i.e. comprising a “camera viewfinder”, paragraph 0053, see figures 2D-2G), a plurality of posting conditions and information as to whether each of the plurality of posting conditions is satisfied, together with a live view image (As shown in figures 2D-2G, a live view image of the subject is displayed along with a pose guide (220) including multiple portions/segments (i.e. a plurality of posting conditions, e.g. 222a-222f of figure 2E), paragraph 0069-0071. The portions/segments (i.e. plurality of posting conditions) are each shown in a display color (i.e. information as to whether each of the plurality of posting conditions is satisfied) that indicates alignment/misalignment between the subject and the display guide, as detailed in paragraphs 0069-0071 and shown in figures 2E-2G.), wherein the plurality of posting conditions include a first condition and include a second condition that is different from the first condition (Each segment (e.g. 222a-222f of figure 2E) corresponds to a different part of the body and thus corresponds to a different posting condition, paragraph 0069, figure 2E); and
transmit, in a case where the plurality of posting conditions are satisfied, a captured image to an external apparatus (When all of the posting conditions are satisfied, as shown in figure 2G and detailed in paragraph 0071, a captured image is automatically uploaded to one or more social media accounts, as detailed in paragraph 0072.).
Consider claim 2, and as applied to claim 1 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to allow a user to set the plurality of posting conditions (i.e. by allowing the user to select the pose guide, figure 2C, paragraphs 0063-0067).
Consider claim 3, and as applied to claim 1 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to, in a case where the plurality of posting conditions are satisfied, automatically transmit the captured image to the external apparatus (When all of the posting conditions are satisfied, as shown in figure 2G and detailed in paragraph 0071, a captured image is automatically uploaded to one or more social media accounts, as detailed in paragraph 0072.).
Consider claim 4, and as applied to claim 1 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to control to display on the display, before or during capturing the captured image, the plurality of posting conditions and the information as to whether each of the plurality of posting conditions is satisfied, together with the live view image (see figures 2E-2G, paragraphs 0069-0071).
Consider claim 5, and as applied to claim 1 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to, in a case where not all the plurality of posting conditions or none of the plurality of posting conditions are satisfied, not transmit the captured image to the external apparatus (The image is only captured and transmitted if all portions of the pose guide (220) are aligned with the subject (204), paragraphs 0071 and 0072.).
Consider claim 6, and as applied to claim 1 above, Gupta et al. further teaches that the external apparatus is a social networking service (SNS) server (When all of the posting conditions are satisfied, as shown in figure 2G and detailed in paragraph 0071, a captured image is automatically uploaded to one or more social media accounts which are necessarily located on an SNS server, as detailed in paragraph 0072.).
Consider claim 7, and as applied to claim 1 above, Gupta et al. further teaches that the second condition is related to the visual appearance of the captured image (i.e. such that the captured image shows a subject in a pose matching a segment (e.g. one of 222a-222f) of the pose guide (220) corresponding to the second condition, paragraphs 0069-0072).
Consider claim 8, and as applied to claim 1 above, Gupta et al. further teaches that the plurality of posting conditions (e.g. the segments 222a-222f of figure 2E) include an object (e.g. an arm segment or a leg segment, see figure 2E).
Consider claim 9, and as applied to claim 1 above, Gupta et al. further teaches that the plurality of posting conditions include an image capturing time period of a captured moving image (The posting conditions include determining, based on a camera viewfinder stream (i.e. captured moving image), if one or more subjects is not moving for more than a threshold amount of time (i.e. a condition of an image capturing time period), paragraphs 0059 and 0071.).
Consider claim 11, and as applied to claim 1 above, Gupta et al. further teaches that the plurality of posting conditions include a condition about the number of persons as objects in the captured image (“determining that the camera viewfinder stream in the camera viewfinder 202 depicts: one or more subjects, one or more subjects posing (e.g., not moving for more than a threshold amount of time), and/or a scene including at least one subject (e.g., a human in front of a background)” paragraph 0059).
Consider claim 12, and as applied to claim 11 above, Gupta et al. further teaches that the plurality of posting conditions include a condition that only one person is depicted in the captured image (“determining that the camera viewfinder stream in the camera viewfinder 202 depicts: one or more subjects, one or more subjects posing (e.g., not moving for more than a threshold amount of time), and/or a scene including at least one subject (e.g., a human in front of a background)” paragraph 0059).
Consider claim 13, and as applied to claim 1 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to control to display, on the display, the plurality of posting conditions each as an icon (The pose guide (220) includes icons representing different body parts, see figures 2D-2G.).
Consider claim 14, and as applied to claim 13 above, Gupta et al. further teaches that the one or more processors and the one or more memories are further configured to control to display the information as to whether each of the plurality of posting conditions is satisfied by changing a display form of the icon (i.e. by changing a color of each icon, see figures 2D-2G, paragraphs 0069-0071).
Consider claim 15, Gupta et al. teaches:
A control method for an imaging apparatus (client computing device, 108, figures 1, 6 and 10), comprising:
controlling to display, on a display (i.e. comprising a “camera viewfinder”, paragraph 0053, see figures 2D-2G), a plurality of posting conditions and information as to whether each of the plurality of posting conditions is satisfied, together with a live view image (As shown in figures 2D-2G, a live view image of the subject is displayed along with a pose guide (220) including multiple portions/segments (i.e. a plurality of posting conditions, e.g. 222a-222f of figure 2E), paragraph 0069-0071. The portions/segments (i.e. plurality of posting conditions) are each shown in a display color (i.e. information as to whether each of the plurality of posting conditions is satisfied) that indicates alignment/misalignment between the subject and the display guide, as detailed in paragraphs 0069-0071 and shown in figures 2E-2G.), wherein the plurality of posting conditions include a first condition and include a second condition different from the first condition (Each segment (e.g. 222a-222f of figure 2E) corresponds to a different part of the body and thus corresponds to a different posting condition, paragraph 0069, figure 2E); and
transmitting, in a case where the plurality of posting conditions are satisfied, a captured image to an external apparatus (When all of the posting conditions are satisfied, as shown in figure 2G and detailed in paragraph 0071, a captured image is automatically uploaded to one or more social media accounts, as detailed in paragraph 0072.).
Consider claim 16, Gupta et al. teaches:
A non-transitory computer-readable storage medium (storage device, 1006, figure 10, paragraph 0174) storing computer-executable instructions (see paragraphs 0174 and 0161-0163) for causing a computer (client computing device, 108, figures 1, 6 and 10) to perform a control method comprising:
controlling to display, on a display (i.e. comprising a “camera viewfinder”, paragraph 0053, see figures 2D-2G), a plurality of posting conditions and information as to whether each of the plurality of posting conditions is satisfied, together with a live view image (As shown in figures 2D-2G, a live view image of the subject is displayed along with a pose guide (220) including multiple portions/segments (i.e. a plurality of posting conditions, e.g. 222a-222f of figure 2E), paragraph 0069-0071. The portions/segments (i.e. plurality of posting conditions) are each shown in a display color (i.e. information as to whether each of the plurality of posting conditions is satisfied) that indicates alignment/misalignment between the subject and the display guide, as detailed in paragraphs 0069-0071 and shown in figures 2E-2G.), wherein the plurality of posting conditions include a first condition and include a second condition that is different from the first condition (Each segment (e.g. 222a-222f of figure 2E) corresponds to a different part of the body and thus corresponds to a different posting condition, paragraph 0069, figure 2E); and
transmitting, in a case where the plurality of posting conditions are satisfied, a captured image to an external apparatus (When all of the posting conditions are satisfied, as shown in figure 2G and detailed in paragraph 0071, a captured image is automatically uploaded to one or more social media accounts, as detailed in paragraph 0072.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2022/0232162) in view of Rathod (US 2021/0042724).
Consider claim 10, and as applied to claim 9 above, Gupta et al. does not explicitly teach that the plurality posting conditions include a condition that the captured moving image is 20 seconds or less in length.
Rathod similarly teaches recording a video (405) from a camera (425, figure 4, paragraph 0295) and automatically sharing the recorded video (see paragraph 0295).
However, Rathod additionally teaches that the plurality of posting conditions include a condition that the captured moving image is 20 seconds or less in length (“for example 10 seconds” paragraph 0295).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the positing conditions taught by Gupta et al. include a condition that the captured moving image is 20 seconds or less in length as taught by Rathod for the benefit of enabling a user to share location specific content with one or more contacts, connections, groups or followers (Rathod, paragraph 0004).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2022/0232162) in view of Levoy et al. (US 9,195,880).
Consider claim 17, and as applied to claim 7 above, Gupta et al. does not explicitly teach that the first condition is unrelated to a visual appearance of the captured image.
Levoy et al. similarly teaches a digital camera device (100, figure 1) in which images are captured automatically based upon a plurality of conditions (“the images could be captured automatically at a specific time interval, for example, upon pressing shutter button 108, upon appropriate lighting conditions of the target object, upon moving digital camera device 100 a predetermined distance, or according to a predetermined capture schedule”, column 6, lines 3-15).
However, Levoy et al. additionally teaches that a first condition of the plurality of conditions is unrelated to a visual appearance of the captured image (e.g. “at a specific time interval”, “upon moving the digital camera device 100 a predetermined distance”, or “according to a predetermined capture schedule”, column 6, lines 9-15).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the first condition taught by Gupta et al. be unrelated to a visual appearance of the captured image as taught by Levoy et al. for the benefit of enabling images to be viewed in new and interesting ways (Levoy et al., column 1, lines 19-21).
Consider claim 18, and as applied to claim 1 above, Gupta et al. does not explicitly teach that the first condition is unrelated to a visual appearance of the captured image.
Levoy et al. similarly teaches a digital camera device (100, figure 1) in which images are captured automatically based upon a plurality of conditions (“the images could be captured automatically at a specific time interval, for example, upon pressing shutter button 108, upon appropriate lighting conditions of the target object, upon moving digital camera device 100 a predetermined distance, or according to a predetermined capture schedule”, column 6, lines 3-15).
However, Levoy et al. additionally teaches that a first condition of the plurality of conditions is unrelated to a visual appearance of the captured image (e.g. “at a specific time interval”, “upon moving the digital camera device 100 a predetermined distance”, or “according to a predetermined capture schedule”, column 6, lines 9-15).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the first condition taught by Gupta et al. be unrelated to a visual appearance of the captured image as taught by Levoy et al. for the benefit of enabling images to be viewed in new and interesting ways (Levoy et al., column 1, lines 19-21).
Consider claim 19, and as applied to claim 18 above, Gupta et al. does not explicitly teach that the first condition is an image capturing date, an image capturing time, an image capturing location, an image capturing mode, an imaging time period, an F value, or a Tv value.
Levoy et al. teaches that the first condition is an image capturing time (“according to a predetermined capture schedule”, column 6, lines 9-15), an image capturing location (“upon moving the digital camera device 100 a predetermined distance”, column 6, lines 9-15), or an imaging time period (“at a specific time interval”, column 6, lines 9-15).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the first condition taught by Gupta et al. be an image capturing time, an image capturing location, or an imaging time period as taught by Levoy et al. for the benefit of enabling images to be viewed in new and interesting ways (Levoy et al., column 1, lines 19-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ikeda (US 2021/0105399) teaches automatically performing image capture based upon a condition unrelated to a visual appearance of a captured image (e.g. based upon a sound volume, paragraph 0058, figures 6 and 8).
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 ALBERT H CUTLER whose telephone number is (571)270-1460. The examiner can normally be reached approximately Mon - Fri 8:00-4:30.
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/ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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