Prosecution Insights
Last updated: August 17, 2026
Application No. 19/004,870

FOLDABLE MOBILE DEVICE CAMERA AND FACE DETECTION

Non-Final OA §102§103
Filed
Dec 30, 2024
Examiner
VANCHY JR, MICHAEL J
Art Unit
2666
Tech Center
2600 — Communications
Assignee
Motorola Mobility LLC
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
408 granted / 611 resolved
+4.8% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
20 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
12.7%
-27.3% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
8.9%
-31.1% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 611 resolved cases

Office Action

§102 §103
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 . 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. Claim(s) 11-14, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ericson, US 2009/0202180 A1 (Ericson). Regarding claim 11, Ericson teaches a method (method for object recognition) ([0016-0017]), comprising: displaying, in a viewfinder (digital viewfinder of the image acquisition device; i.e. a digital camera) ([0028]), a preview of a facial image captured with a camera device (wherein the digital viewfinder shows a view, including facial images, such as in views 100, 130, and 140) (Figs. 1a, 1b, and 1c; [0028-0031]); detecting an orientation (wherein the movement sensing unit 260 is adapted for detecting the orientation of the image sensing unit 230) (Fig. 2; [0039]) of the camera device (image acquisition device 200; i.e. digital camera) (Fig. 2; [0028] and [0033]); detecting that facial characteristics in the preview of the facial image will not support facial recognition (determining that the facial characteristics don’t match, and thus don’t support facial recognition) (Fig. 4; [0058-0059] and [0062]); and revising, based on the detected orientation of the camera device, the preview of the facial image so that the facial characteristics will support the facial recognition (in case no match has been found, the processing unit 250 instructs the movement sensing unit 260 to continue detecting movement and direction of movement of the image sensing unit 230 at step 400; thus at step 440, the processing unit 250 rotates the image data received from the image sensing unit 230 to the actual position of the image sensing unit 230 of the image acquisition device by the calculated angle, then to perform face recognition again) (Figs. 2 and 4; [0057-0060]). Regarding claim 12, Ericson teaches further comprising: detecting that a face in the preview of the facial image is misaligned in a region-of- view of the camera device (detecting that that the preview image, that includes face images, through the digital viewfinder is rotated) (Figs. 1a, 1b, 1c, Fig. 2, and Fig. 4; [0030-0031] and [0055]); and adjusting a viewing angle of the viewfinder according to the detected orientation of the camera device (detecting that the orientation has been rotated, adjusting the rotation angle of the image data) (Fig. 4; [0055] and [0057]). Regarding claim 13, Ericson teaches further comprising: detecting that a face in the preview of the facial image is misaligned in a region-of- view of the camera device (determining that the facial image has been rotated in the viewfinder) (Figs. 1b and 1c; [0030-0031]); and adjusting a viewing angle of the viewfinder to at least one of decrease or eliminate angular distortion of the face in the preview of the facial image (configured to rotate the angle to correlate to the actual position of the image sensing unit of the image acquisition device by the calculated angle) (Figs. 2 and 4; [0041-0042] and [0057]). Regarding claim 14, Ericson teaches further comprising: post-processing the preview of the facial image based on a planar angle shift to increase detectability of the facial characteristics for the facial recognition (to rotate the image to increase the detectability of the facial image for recognition; wherein the processing unit of the present invention may also visibly mark or identify the human or animal faces identified in the converted image) ([0041-0044], [0048], [0055], and [0057-0058]). Regarding claim 18, Ericson teaches a system (the system being an image acquisition device) (Fig. 2; [0033-0034]), comprising: a viewfinder (digital viewfinder of the image acquisition device; i.e. a digital camera) ([0028]) configured to display a preview a facial image (wherein the digital viewfinder shows a view, including facial images, such as in views 100, 130, and 140) (Figs. 1a, 1b, and 1c; [0028-0031]) captured with a camera device (image acquisition device 200; i.e. digital camera) (Fig. 2; [0028] and [0033]); an image detection controller (image sensing unit 230) (Fig. 2; [0034]) configured to: detect that facial characteristics in the preview of the facial image will not support facial recognition (determining that the facial characteristics don’t match, and thus don’t support facial recognition) (Fig. 4; [0058-0059] and [0062]); and adjust a viewing angle of the viewfinder according to an orientation of the camera device (in case no match has been found, the processing unit 250 instructs the movement sensing unit 260 to continue detecting movement and direction of movement of the image sensing unit 230 at step 400; thus at step 440, the processing unit 250 rotates the image data received from the image sensing unit 230 to the actual position of the image sensing unit 230 of the image acquisition device by the calculated angle, then to perform face recognition again) (Figs. 2 and 4; [0057-0060]). Regarding claim 19, Ericson teaches further comprising: a position sensor (a movement sensing unit 260) (Fig. 2; [0034] and [0039]) configured to detect the orientation (wherein the movement sensing unit 260 is adapted for detecting the orientation of the image sensing unit 230) (Fig. 2; [0039]) of the camera device (image acquisition device 200; i.e. digital camera) (Fig. 2; [0028] and [0033]) relative to horizontal (relative to the horizontal axis) (Figs. 1a, 1b, and 1c; [0028], [0030-0031], and [0039]); and wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to adjust the viewing angle of the viewfinder to approximately correlate with the detected orientation of the camera device (configured to rotate the angle to correlate to the actual position of the image sensing unit of the image acquisition device by the calculated angle) (Figs. 2 and 4; [0041-42] and [0057]) (image acquisition device 200; i.e. digital camera) (Fig. 2; [0028] and [0033]). 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(s) 1, 3-6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), and further in view of Cho, US 2021/0018957 A1 (Cho). Regarding claim 1, Ericson teaches a device (digital camera) ([0028]), comprising: a camera device (digital camera) ([0028]) configured to capture a facial image (configured to capture a facial images) (Fig. 1a; [0028-0029]); a viewfinder of the camera device (digital viewfinder of the image acquisition device; i.e. a digital camera) ([0028]) configured to display a preview of the facial image (wherein the digital viewfinder shows a view, including facial images, such as in views 100, 130, and 140) (Figs. 1a, 1b, and 1c; [0028-0031]); a position sensor (a movement sensing unit 260) (Fig. 2; [0034] and [0039]) configured to detect an orientation (wherein the movement sensing unit 260 is adapted for detecting the orientation of the image sensing unit 230) (Fig. 2; [0039]) of the device (image acquisition device 200) (Fig. 2; [0033]); at least one processor (processing unit 250) (Fig. 2; [0034]) coupled with at least one memory (connected to a memory 270) (Fig. 2; [0034]) to implement an image detection controller (image sensing unit 230) (Fig. 2; [0034]) configured to: detect that facial characteristics in the preview of the facial image will not support facial recognition (determining that the facial characteristics don’t match, and thus don’t support facial recognition) (Fig. 4; [0058-0059] and [0062]); and revise, based on the detected orientation of the device, the preview of the facial image so that the facial characteristics will support the facial recognition (in case no match has been found, the processing unit 250 instructs the movement sensing unit 260 to continue detecting movement and direction of movement of the image sensing unit 230 at step 400; thus at step 440, the processing unit 250 rotates the image data received from the image sensing unit 230 to the actual position of the image sensing unit 230 of the image acquisition device by the calculated angle, then to perform face recognition again) (Figs. 2 and 4; [0057-0060]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Regarding claim 3, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to: detect that a face in the preview of the facial image is misaligned in a region-of- view of the camera device (detecting that that the preview image, that includes face images, through the digital viewfinder is rotated) (Figs. 1a, 1b, 1c, Fig. 2, and Fig. 4; [0030-0031] and [0055]); and adjust a viewing angle of the viewfinder according to the detected orientation of the device (detecting that the orientation has been rotated, adjusting the rotation angle of the image data) (Fig. 4; [0055] and [0057]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Regarding claim 4, Ericson teaches wherein: the position sensor (a movement sensing unit 260) (Fig. 2; [0034] and [0039]) is configured to detect the orientation (wherein the movement sensing unit 260 is adapted for detecting the orientation of the image sensing unit 230) (Fig. 2; [0039]) of the device (image acquisition device 200) (Fig. 2; [0033]) relative to horizontal (relative to the horizontal axis) (Figs. 1a, 1b, and 1c; [0028], [0030-0031], and [0039]); and the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to adjust a viewing angle of the viewfinder to approximately correlate with the detected orientation of the device (configured to rotate the angle to correlate to the actual position of the image sensing unit of the image acquisition device by the calculated angle) (Figs. 2 and 4; [0041-42] and [0057]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Regarding claim 5, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to: detect that a face in the preview of the facial image is misaligned in a region-of- view of the camera device (determining that the facial image has been rotated in the viewfinder) (Figs. 1b and 1c; [0030-0031]); and adjust a viewing angle of the viewfinder to at least one of decrease or eliminate angular distortion of the face in the preview of the facial image (configured to rotate the angle to correlate to the actual position of the image sensing unit of the image acquisition device by the calculated angle) (Figs. 2 and 4; [0041-0042] and [0057]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Regarding claim 6, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to post-process the preview of the facial image based on a planar angle shift to increase detectability of the facial characteristics for the facial recognition (to rotate the image to increase the detectability of the facial image for recognition; wherein the processing unit of the present invention may also visibly mark or identify the human or animal faces identified in the converted image) ([0041-0044], [0048], [0055], and [0057-0058]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Regarding claim 10, Cho teaches further comprising: a foldable housing (foldable electronic device) (Figs. 2A and 2B; Abstract) configured to fold the mobile device (foldable electronic device that includes a portable communication device (e.g., a smart phone) and/or a portable camera) (Figs. 2A and 2B; Abstract and [0029]) from an opened form factor (from an open state of the electronic device) (Fig. 2A; [0055]) to a folded form factor (to a closed state of an electronic device) (Fig. 2B; [0067]); and wherein the camera device is configured to capture images in the folded form factor (wherein when the electronic device is folded the cameras 215, 217, 219, and/or 225 can capture images) (Figs. 2B and 8A; [0097-0098] and [0146-0148]) of the mobile device (foldable electronic device that includes a portable communication device (e.g., a smart phone) and/or a portable camera) (Fig. 2B; Abstract, [0029], and [0067]), and the camera device is operational as a rear-facing camera in the opened form factor (wherein when the electronic device is opened it has rear facing cameras 215, 217, and 219 to take the images) (Figs. 2A and 8C; [0084], [0097-0098], and [0152-0153]) of the mobile device (foldable electronic device that includes a portable communication device (e.g., a smart phone) and/or a portable camera) (Fig. 2A; Abstract, [0029], and [0055]). Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), Cho, US 2021/0018957 A1 (Cho), and further in view of Bai, US 2018/0365443 A1 (Bai). Regarding claim 2, Ericson teaches a processing unit 250 for performing facial recognition algorithms (Fig. 2; [0041]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). However, neither explicitly teaches “wherein the facial recognition is a class 3 biometric with a security level for one or more of unlocking the mobile device or accessing a secure application on the mobile device”. Bai teaches a terminal device ([0008]); wherein the terminal device can include mobile phones ([0028]); and wherein the facial recognition (face recognition unlocking) ([0037]) is a class 3 biometric (the security level can be a security level 3) ([0065]) with a security level (wherein the security level of an application can be customized by the user or determined by the terminal device according to application attributes) ([0065]) for one or more of unlocking the mobile device or accessing a secure application on the mobile device (for unlocking the mobile device and/or unlocking an application on the device) ([0036-0037] and [0063-0065]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include a security level since it improves the security of the terminal device (Bai; [0004]). Claim(s) 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), Cho, US 2021/0018957 A1 (Cho), and further in view of Hefny et al., US 2020/0242778 A1 (Hefny). Regarding claim 7, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to: be in the form of two accelerometers, one for the horizontal and one for the vertical axis ([0039]) and wherein the image sensing unit may be rotated from its reference position to a vertical or portrait position ([0043]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). However, neither explicitly teaches to “detect a vertical image of a face in the preview of the facial image; and adjust a viewing angle of the viewfinder to at least one of decrease or eliminate a vertical angle of the vertical image of the face in the preview of the facial image”. Hefny teaches a method and system for pose correction of video images captured by a mobile device (Abstract); wherein to detect a vertical image of a face in the preview of the facial image (detecting a vertical image of a face in the preview of the facial image that is of a lower quality) (Figs. 1 and 3; [0038-0040]); and adjust a viewing angle of the viewfinder to at least one of decrease or eliminate a vertical angle of the vertical image of the face in the preview of the facial image (adjusting the viewing angle by moving the device to correct the pose of the user; i.e. decreasing/eliminating the vertical angle of the facial image) (Figs. 2-4; [0038-0041] and [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include pose correction in the vertical since it reduces distortion of the facial image (Hefny; [0025] and [0041]). Regarding claim 8, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to post-process the preview of the facial image based on a planar angle shift to increase detectability of the facial characteristics for the facial recognition (to rotate the image to increase the detectability of the facial image for recognition; wherein the processing unit of the present invention may also visibly mark or identify the human or animal faces identified in the converted image) ([0041-0044], [0048], [0055], and [0057-0058]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). Hefny also teaches adjusting the viewing angle by moving the device to correct the pose of the user; i.e. decreasing/eliminating the vertical angle of the facial image (Figs. 2-4; [0038-0041] and [0053]). Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), Cho, US 2021/0018957 A1 (Cho), and further in view of Gope et al., US 2017/0098119 A1 (Gope). Regarding claim 9, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to have the processing unit 250 has determined a match between the areas identified in the rotated raw image and the list of candidate images (Fig. 2; [0041]); and the processing unit 250 may perform face recognition on the image data rotated to the reference position (Figs. 2 and 4; [0058]). Although it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that since Ericson teaches using a “digital camera” ([0028]), that it would be a “mobile” device since the camera would need to be mobile to take images at different locations; Ericson does not explicitly teach a “mobile” device. Cho teaches a foldable electronic device (Abstract); including that the electronic device may include a portable communication device (e.g., a smart phone) and/or a portable camera ([0029]) for taking a photograph and may display a preview image though a first (230) or second (240) display (Figs. 2A and 2B; [0090]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include the camera is a mobile device such as a smart phone since the software for the electronic device can support and improve functions of the electronic device (Cho; [0003]) while the foldable electronic device can be used to efficiently take a panoramic picture for a short time, thereby enhancing user convenience (Cho; [0179]). However, neither explicitly teaches to “adjust a viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition”. Gope teaches methods and systems for face recognition (Abstract); and wherein to adjust a viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition (wherein the face alignment is configured to align the feature points detected for the face; the feature extractor then extracts the feature descriptors for the face aligned; and wherein the matching unit is configured to match the feature descriptors generated for the face with one or more pre-stored images for face recognition) ([0029-0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of prior arts to include aligning the features of the image to be taken and one or more pre-stored images since it allows for efficient and accurate ways for recognizing faces in images (Gope; [0006]). Claim(s) 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), and further in view of Hefny et al., US 2020/0242778 A1 (Hefny). Regarding claim 15, Ericson teaches further comprising: to be in the form of two accelerometers, one for the horizontal and one for the vertical axis ([0039]) and wherein the image sensing unit may be rotated from its reference position to a vertical or portrait position ([0043]). However, Ericson does not explicitly teach to “detect a vertical image of a face in the preview of the facial image; and adjust a viewing angle of the viewfinder to at least one of decrease or eliminate a vertical angle of the vertical image of the face in the preview of the facial image”. Hefny teaches a method and system for pose correction of video images captured by a mobile device (Abstract); wherein detecting a vertical image of a face in the preview of the facial image (detecting a vertical image of a face in the preview of the facial image that is of a lower quality) (Figs. 1 and 3; [0038-0040]); and adjusting a viewing angle of the viewfinder to at least one of decrease or eliminate a vertical angle of the vertical image of the face in the preview of the facial image (adjusting the viewing angle by moving the device to correct the pose of the user; i.e. decreasing/eliminating the vertical angle of the facial image) (Figs. 2-4; [0038-0041] and [0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include pose correction in the vertical since it reduces distortion of the facial image (Hefny; [0025] and [0041]). Regarding claim 16, Ericson teaches post-processing the preview of the facial image based on a planar angle shift to increase detectability of the facial characteristics for the facial recognition (to rotate the image to increase the detectability of the facial image for recognition; wherein the processing unit of the present invention may also visibly mark or identify the human or animal faces identified in the converted image) ([0041-0044], [0048], [0055], and [0057-0058]). Hefny also teaches adjusting the viewing angle by moving the device to correct the pose of the user; i.e. decreasing/eliminating the vertical angle of the facial image (Figs. 2-4; [0038-0041] and [0053]). Claim(s) 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ericson, US 2009/0202180 A1 (Ericson), and further in view of Gope et al., US 2017/0098119 A1 (Gope). Regarding claim 17, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to have the processing unit 250 has determined a match between the areas identified in the rotated raw image and the list of candidate images (Fig. 2; [0041]); and the processing unit 250 may perform face recognition on the image data rotated to the reference position (Figs. 2 and 4; [0058]). However, Ericson does not explicitly teach “adjusting a viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition”. Gope teaches methods and systems for face recognition (Abstract); and wherein adjusting a viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition (wherein the face alignment is configured to align the feature points detected for the face; the feature extractor then extracts the feature descriptors for the face aligned; and wherein the matching unit is configured to match the feature descriptors generated for the face with one or more pre-stored images for face recognition) ([0029-0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include aligning the features of the image to be taken and one or more pre-stored images since it allows for efficient and accurate ways for recognizing faces in images (Gope; [0006]). Regarding claim 20, Ericson teaches wherein the image detection controller (image sensing unit 230) (Fig. 2; [0034]) is configured to have the processing unit 250 has determined a match between the areas identified in the rotated raw image and the list of candidate images (Fig. 2; [0041]); and the processing unit 250 may perform face recognition on the image data rotated to the reference position (Figs. 2 and 4; [0058]). However, Ericson does not explicitly teach to “adjust the viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition”. Gope teaches methods and systems for face recognition (Abstract); and wherein to adjust the a viewing angle of the viewfinder to align the facial characteristics in the preview of the facial image with the facial characteristics in a comparative image for the facial recognition (wherein the face alignment is configured to align the feature points detected for the face; the feature extractor then extracts the feature descriptors for the face aligned; and wherein the matching unit is configured to match the feature descriptors generated for the face with one or more pre-stored images for face recognition) ([0029-0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ericson to include aligning the features of the image to be taken and one or more pre-stored images since it allows for efficient and accurate ways for recognizing faces in images (Gope; [0006]). Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J VANCHY JR whose telephone number is (571)270-1193. The examiner can normally be reached Monday - Friday 9am - 5pm. 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, Emily Terrell can be reached at (571) 270-3717. 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. /MICHAEL J VANCHY JR/Primary Examiner, Art Unit 2666 Michael.Vanchy@uspto.gov
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Prosecution Timeline

Dec 30, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
87%
With Interview (+20.1%)
3y 3m (~1y 8m remaining)
Median Time to Grant
Low
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