CTNF 19/037,408 CTNF 80000 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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. Priority Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of Japanese patent application number 2024-021445, filed on February 15, 2024, has been received and made of record. Information Disclosure Statement The information disclosure statements (lDS) submitted on January 27, 2025 and March 18, 2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered by the Examiner. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “shooting control unit” in claim 12. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2, 8, and 11-14 are rejected under 35 U.S.C. 102( a)(1)/(a)(2 ) as being anticipated by Shoji (JP 2013157675 A; the Examiner notes that for purposes of examination, the citations below refer to the machine translation) . In regard to claim 1 , note Shoji discloses an image processing apparatus comprising at least one processor (paragraph 0052) and at least one memory coupled to the at least one processor, the at least one memory storing instructions (paragraphs 0027, 0029, 0052) that, when executed by the at least one processor, cause the at least one processor to detect a subject in an image (paragraphs 0028-0032, and figures 2-3: S202/S302), display the image and a detection region of the subject (paragraphs 0028-0032, and figures 2-3: S203/S303), designate, as a non-detection region, the detection region displayed (paragraphs 0028-0032, and figures 2-3: S204/S304), hold information of the non-detection region designated (paragraphs 0028-0032, and figures 2-3: S205), and decide, based on the information of the non-detection region, a non-detection region in another image displayed after the image (paragraphs 0024, 0028-0032, and figure 3: S304-S305). In regard to claim 2 , note Shoji discloses that the instructions, when executed by the at least one processor, further cause the at least one processor to acquire an image feature amount of the non-detection region and an image feature amount of a detection region of a subject detected in the other image, wherein the at least one processor decides, as the non-detection region, the detection region of the subject detected in the other image having a high correlation with the non-detection region based on the image feature amount of the non-detection region and the image feature amount of the detection region of the subject detected in the other image (paragraphs 0024, 0032, and figure 3: S304-S305; the correlation between features of sequential images is determined in order to decide the non-detection region in the subsequent image). In regard to claim 8 , note Shoji discloses that the at least one processor decides, as the non-detection region, a detection region of a subject detected in the other image by setting, in the other image, a region based on a center position and a size of the non-detection region on the image (paragraph 0024; the center position and size are utilized for determination). In regard to claim 11 , note Shoji discloses that the instructions, when executed by the at least one processor, further cause the at least one processor to cancel the designation of the non-detection region (paragraph 0032; if the subject moves out of range, the designation as a non-detection region is removed, i.e., canceled). In regard to claim 12 , note Shoji discloses an image capturing apparatus comprising an image processing apparatus according to claim 1 above, an image capturing unit (paragraph 0017, and figure 1: 102), and a shooting control unit configured to control the image capturing unit not to focus on a non-detection region (paragraph 0022, and figure 1: 105 ). In regard to claim 13 , this is a method claim, corresponding to the apparatus in claim 1. Therefore, claim 13 has been analyzed and rejected as previously discussed with respect claim 1. In regard to claim 14 , this is directed to a non-transitory computer-readable storage medium storing instructions causing execution of the operation of the image processing apparatus, corresponding operation of claim 1. Therefore, claim 14 has been analyzed and rejected as previously discussed with respect claim 1. Additionally, Shoji discloses a non-transitory computer-readable storage medium storing instructions causing execution of the operation (paragraphs 0027, 0029, 0052) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3-7 and 9-10 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2009/0167883 : note the use of an imaging device that detects subjects within an image and allows a user to set a priority level for registered subjects for use during auto-focus and exposure control. US 2021/0258501 : note the use of an imaging device that detects subjects within an image and allows a user to set a priority level for registered subjects for use during auto-focus and exposure control, as well as subject tracking between frames. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISS S YODER III whose telephone number is (571)272-7323. The examiner can normally be reached M-F 9:00-5:00 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, Lin Ye can be reached at (571) 272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISS S YODER III/Examiner, Art Unit 2638 Application/Control Number: 19/037,408 Page 2 Art Unit: 2638 Application/Control Number: 19/037,408 Page 3 Art Unit: 2638 Application/Control Number: 19/037,408 Page 4 Art Unit: 2638 Application/Control Number: 19/037,408 Page 5 Art Unit: 2638 Application/Control Number: 19/037,408 Page 7 Art Unit: 2638 Application/Control Number: 19/037,408 Page 8 Art Unit: 2638 Application/Control Number: 19/037,408 Page 9 Art Unit: 2638
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