DETAILED ACTION
This office action is responsive to communication filed on July 28, 2026.
Response to Arguments
Applicant's arguments filed July 28, 2026 have been fully considered but they are not persuasive.
Applicant asserts that claim 1 is in condition for allowance.
The Examiner respectfully disagrees. Claim 1, as currently amended, is different in scope and content than the previously allowed claim 1. As such, claim 1 is rejected in the manner outlined herein.
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 Objections
The objection to claim 1 is hereby removed in view of Applicant’s response.
Claim Interpretation
No claim limitations are interpreted to invoke 35 USC 112(f) at this time.
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, 7-10, 12 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tabata (US 2015/0371375).
Consider claim 1, Tabata teaches:
A portable information terminal (see figure 3) comprising:
a camera (imaging unit, 34) configured to capture a workpiece (“an image of merchandise”, paragraph 0042) and generate a captured image (i.e. an image of a bar code, see paragraphs 0063, 0066 and 0042);
a first memory unit (RAM, 33) that is a volatile memory unit (“The RAM 33 is a volatile memory.” paragraph 0041) and is configured to temporarily store the captured image (“For example, the RAM 33 saves frame images (captured images) which are sequentially imaged by the imaging unit 34.” paragraph 0041);
a second memory unit (HDD, 38) that is a non-volatile memory unit (“The HDD 38 is a rewritable nonvolatile memory.” Paragraph 0045) and is configured to store the captured image (“For example, the HDD 38 stores an image of merchandise which is captured by the imaging unit 34, an image of a merchandise label which is extracted from the image of the merchandise, a recognition result of a merchandise mode, an image of a freshness degree label which is extracted from the image of the merchandise, a result of a discount recognition process for the freshness degree label, and the like.” paragraph 0045. “In addition, the CPU 31 stores the read image of the merchandise, the image of the bar code, and the image of the freshness degree label together with the information in which the merchandise code is associated with the discount rate, as log information in the HDD 38 (ACT 24).” paragraph 0073.); and
at least one processor (CPU, 31, paragraph 0030) configured to:
cause the camera (34) to generate the captured image (“The CPU 31 controls the imaging unit 34, the display 35, the touch panel 36, the connection interface 37, the HDD 38, and the like.” paragraph 0040. See ACT 11 of figure 6, paragraph 0063.) and store the captured image in the first memory unit (“When it is determined that the selected image region is the image region of the bar code (ACT 13, YES), the CPU 31 stores the selected image region as the image of the bar code in the RAM 33 or the HDD 38 (ACT 14).” paragraph 0066),
perform image processing on the captured image in the first memory to acquire information from the workpiece (“When the image of the bar code and the image of the freshness degree label may be extracted (ACT 18, YES), the CPU 31 recognizes a merchandise code as identification information of the merchandise based on the image of the bar code which is stored in the RAM 33 (ACT 19). For example, the CPU 31 extracts the merchandise code by decoding the bar code.” paragraph 0071), and
select one of a plurality of modes (ACT 22, figure 6, paragraph 0072) including a first mode (“Yes”, ACT 22) on an administrator setting (An operator (i.e. administrator) makes the selection at ACT 22, paragraph 0072.), wherein the first mode is a mode in which the captured image is stored in the second memory unit (“In addition, the CPU 31 stores the read image of the merchandise, the image of the bar code, and the image of the freshness degree label together with the information in which the merchandise code is associated with the discount rate, as log information in the HDD 38 (ACT 24).” paragraph 0073. The Examiner notes that claim 1 only requires selecting “any of a plurality of modes”. Because Tabata teaches selecting the first mode, Tabata is not required to additionally teach selecting the second mode.).
Whether Tabata teaches “the second mode is a mode in which the captured image is deleted from the first memory unit without the captured image being stored in the second memory unit or the captured image is forcibly deleted from the second memory unit after being stored in the second memory unit” is inconsequential, as claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode, as discussed above.
Consider claim 7, and as applied to claim 1 above, Tabata further teaches a telephone communication unit (connection interface, 37, paragraph 0044) configured to perform communication over a communication line (communication line, 4, paragraphs 0034 and 0022).
Whether Tabata teaches “in the second mode, the at least one processor is configured to allow voice calls via the telephone communication unit with telephone terminals of registered telephone numbers, while prohibiting the voice calls via the telephone communication unit with telephone terminals of unregistered telephone numbers.” is inconsequential, as parent claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode (see claim 1 rationale).
Consider claim 8, whether Tabata teaches “the at least one processor is configured to prohibit recording of voice calls in the second mode” is inconsequential, as parent claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode (see claim 1 rationale).
Consider claim 9, and as applied to claim 1 above, Tabata further teaches an internet communication unit (communication interface, 20, figure 3) configured to perform communication via internet (“the communication interface 20 may be an interface that transmits and receives data through a communications network such as the Internet” paragraph 0037).
Whether Tabata teaches “the at least one processor is configured to prohibit connection to the internet by the internet communication unit in the second mode” is inconsequential, as parent claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode (see claim 1 rationale).
Consider claim 10, whether Tabata teaches “the plurality of modes include a third mode in which the captured image for which the image processing is executed, is stored in the second memory unit, while a photo image generated by the camera is deleted from the first memory unit without the photo image being stored in the second memory unit, or the photo image is forcibly deleted from the second memory unit after being stored in the second memory unit” is inconsequential, as parent claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode (see claim 1 rationale).
Consider claim 12, and as applied to claim 1 above, Tabata further teaches a display unit (display, 35, figure 3), wherein the at least one processor is configured to: display an administrator setting screen on the display unit, and select one of the plurality of modes including the first mode and the second mode based on the administrator setting entered through an operation by an administrator on the administrator setting screen (“For example, the CPU 31 displays the recognition result of the merchandise code, the recognition result of the discount rate, and an icon for prompting the approval or disapproval of the recognition result (OK button and NG icon) on the display 35. The operator confirms the recognition result displayed on the display 35, and touches the OK button by the touch panel 36 when it is determined that the recognition result is correct.” paragraph 0072).
Consider claim 21, Tabata teaches:
A non-transitory computer-readable medium (ROM, 12) storing a program that, when executed by at least one processor (CPU, 11) of a portable information terminal (see figure 3) comprising a camera (imaging unit, 34), a first memory unit (RAM, 33) that is volatile (“The RAM 33 is a volatile memory.” paragraph 0041), and a second memory unit (HDD, 38) that is non-volatile (“The HDD 38 is a rewritable nonvolatile memory.” Paragraph 0045), causes the portable information terminal to (The ROM (12) stores a “program” (paragraph 0031) executed by the CPU (11), paragraph 0030.):
cause the camera (34) to generate a captured image (“The CPU 31 controls the imaging unit 34, the display 35, the touch panel 36, the connection interface 37, the HDD 38, and the like.” paragraph 0040. See ACT 11 of figure 6, paragraph 0063.) and store the captured image in the first memory unit (“When it is determined that the selected image region is the image region of the bar code (ACT 13, YES), the CPU 31 stores the selected image region as the image of the bar code in the RAM 33 or the HDD 38 (ACT 14).” paragraph 0066);
perform image processing on the captured image in the first memory unit to acquire information from the workpiece (“When the image of the bar code and the image of the freshness degree label may be extracted (ACT 18, YES), the CPU 31 recognizes a merchandise code as identification information of the merchandise based on the image of the bar code which is stored in the RAM 33 (ACT 19). For example, the CPU 31 extracts the merchandise code by decoding the bar code.” paragraph 0071);
select one of a plurality of modes (ACT 22, figure 6, paragraph 0072) including a first mode (“Yes”, ACT 22) based on an administrator setting (An operator (i.e. administrator) makes the selection at ACT 22, paragraph 0072.), wherein
the first mode is a mode in which the captured image is stored in the second memory unit (“In addition, the CPU 31 stores the read image of the merchandise, the image of the bar code, and the image of the freshness degree label together with the information in which the merchandise code is associated with the discount rate, as log information in the HDD 38 (ACT 24).” paragraph 0073. The Examiner notes that claim 21 only requires selecting “any of a plurality of modes”. Because Tabata teaches selecting the first mode, Tabata is not required to additionally teach selecting the second mode.).
Whether Tabata teaches “the second mode is a mode in which the captured image is deleted from the first memory unit without the captured image being stored in the second memory unit or the captured image is forcibly deleted from the second memory unit after being stored in the second memory unit” is inconsequential, as claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode, as discussed above.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tabata (US 2015/0371375) in view of Suo (US 2018/0198988).
Consider claim 2, and as applied to claim 1 above, Tabata does not explicitly teach that the administrator setting is received from a management server.
Suo similarly teaches a portable image device (figures 1 and 2) for capturing a live-view image according to administrator settings (see figures 4-6, paragraphs 0057-0059, 0063 and 0064).
However Suo additionally teaches that the administrator settings are received from a management server (i.e. from setting management server 500, figure 13, paragraphs 0095 and 0102).
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 setting taught by Tabata be received from a management server as taught by Suo for the benefit that custom settings can be shared among various digital cameras (Suo, paragraph 0103).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Tabata (US 2015/0371375) in view of Aoyama et al. (US 2018/0212684).
Consider claim 4, and as applied to claim 1 above, Tabata further teaches a display unit (35, figure 3, paragraph 0043), and that the captured image stored in the memory is a barcode image (see ACT14 of figure 6, paragraph 0066).
Tabata does not explicitly teach that the at least one processor is configured to display the captured image stored in the first memory unit and subject to image processing on the display unit, regardless of whether the first mode or the second mode is selected.
Aoyama et al. similarly teaches a portable imaging device (figure 102) having an image input unit (1211, paragraph 0950) for capturing a barcode image (see paragraph 0951).
However, Aoyama et al. additionally teaches that the barcode image is displayed on a display unit (“when the subject imaged with the image input unit 1211 is a barcode, the output unit 1213 displays the barcode” paragraph 0954).
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 barcode image stored in the first memory unit taught by Tabata be displayed as taught by Aoyama et al. for the benefit of enabling a user to confirm capture of the barcode.
Consider claim 5, and as applied to claim 4 above, whether Tabata teaches “in the second mode, the at least one processor is configured to either prohibit taking a screenshot of the display unit displaying the captured image, or store either a disabled screenshot image of the display unit or a masked screenshot image of the display unit in the second memory unit” is inconsequential, as parent claim 1 only requires selection of “one of a plurality of modes including a first mode and a second mode”, and Tabata teaches selection of the first mode, as discussed in the rejection of claim 1.
Allowable Subject Matter
Claims 13-20 are allowed.
Claims 3 and 6 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:
Consider claim 13, the closest prior art, Tabata (US 2015/0371375) teaches:
A portable information terminal (see figure 3) comprising:
a camera (imaging unit, 34) configured to capture a workpiece (“an image of merchandise”, paragraph 0042) and generate a captured image (i.e. an image of a bar code, see paragraphs 0063, 0066 and 0042);
a first memory unit (RAM, 33) that is a volatile memory unit (“The RAM 33 is a volatile memory.” paragraph 0041) and is configured to temporarily store the captured image (“For example, the RAM 33 saves frame images (captured images) which are sequentially imaged by the imaging unit 34.” paragraph 0041);
a second memory unit (HDD, 38) that is a non-volatile memory unit (“The HDD 38 is a rewritable nonvolatile memory.” Paragraph 0045) and is configured to store the captured image (“For example, the HDD 38 stores an image of merchandise which is captured by the imaging unit 34, an image of a merchandise label which is extracted from the image of the merchandise, a recognition result of a merchandise mode, an image of a freshness degree label which is extracted from the image of the merchandise, a result of a discount recognition process for the freshness degree label, and the like.” paragraph 0045. “In addition, the CPU 31 stores the read image of the merchandise, the image of the bar code, and the image of the freshness degree label together with the information in which the merchandise code is associated with the discount rate, as log information in the HDD 38 (ACT 24).” paragraph 0073.); and
at least one processor (CPU, 31, paragraph 0030) configured to:
cause the camera (34) to generate the captured image (“The CPU 31 controls the imaging unit 34, the display 35, the touch panel 36, the connection interface 37, the HDD 38, and the like.” paragraph 0040. See ACT 11 of figure 6, paragraph 0063.) and store the captured image in the first memory unit (“When it is determined that the selected image region is the image region of the bar code (ACT 13, YES), the CPU 31 stores the selected image region as the image of the bar code in the RAM 33 or the HDD 38 (ACT 14).” paragraph 0066),
perform image processing on the captured image in the first memory to acquire information from the workpiece (“When the image of the bar code and the image of the freshness degree label may be extracted (ACT 18, YES), the CPU 31 recognizes a merchandise code as identification information of the merchandise based on the image of the bar code which is stored in the RAM 33 (ACT 19). For example, the CPU 31 extracts the merchandise code by decoding the bar code.” paragraph 0071), and
select one of a plurality of modes (ACT 22, figure 6, paragraph 0072) including a first mode (“Yes”, ACT 22), wherein the first mode is a mode in which the captured image is stored in the second memory unit (“In addition, the CPU 31 stores the read image of the merchandise, the image of the bar code, and the image of the freshness degree label together with the information in which the merchandise code is associated with the discount rate, as log information in the HDD 38 (ACT 24).” paragraph 0073. The Examiner notes that claim 1 only requires selecting “any of a plurality of modes”. Because Tabata teaches selecting the first mode, Tabata is not required to additionally teach selecting the second mode.).
However, the prior art of record does not teach nor reasonably suggest that the processor is configured to acquire location information indicating a location of the portable terminal, determine whether the location is withing a predetermined security area, and select one of a plurality of modes including a first mode and a second mode based on the location, wherein the at least one processor configured to: select the first mode in which the captured image is stored in the second memory unit when the location is outside, and select the second mode in which the captured image is deleted from the first memory unit without the captured image being stored in the second memory unit or the captured image is forcibly deleted from the second memory unit after being stored in the second memory unit when the location is within the predetermined security area, in combination with the other elements recited in claim 13.
Claims 14-20 are allowed as depending from an allowed claim 13.
Consider claim 3, the prior art of record does not teach nor reasonably suggest that the at least one processor is configured to: acquire location information indicating a location of the portable information terminal, determine whether the location is within a predetermined security area specified in the administrator setting, select the first mode when the location is outside the predetermined security area, and select the second mode when the location is within the predetermined security area, in combination with the other elements recited in parent claim 1.
Consider claim 6, the prior art of record does not teach nor reasonably suggest that the at least one processor is configured to: allow control of the camera via a public API for photo shooting and a private API for the image processing in the first mode, and allow control of the camera via the private API while prohibiting the public API in the second mode, in combination with the other elements recited in parent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mukherjee (US 2018/0176366) teaches preventing the recording of images for devices within an exclusion zone (see figure 1, paragraphs 0034 and 0035).
Clavenna, II et al. (US 2015/0172449) teaches preventing the recording of images for devices within a protected area (see figures 1B, 5 and 7A-7C, paragraph 0044).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571)272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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