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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
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.
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:
“camera application” in claim 13; and
“gesture recognition module” in claim 13.
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.
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-12 and 18-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-9 and 15 (see claim correspondence infra) of U.S. Patent No. 12,267,586. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader in every aspect than the corresponding claims of prior U.S. Patent No. 12,267,586, and are therefore an obvious variant thereof. See correspondence below:
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586
1. A method comprising:
1. A method comprising:
executing a first display mode of
a camera application of an electronic device;
executing a real-time display mode of a camera application of an electronic device;
displaying real-time images of a scene in a field of view of an image sensor of the electronic device during the real-time display mode;
recording the real-time images to a plurality of frames of a camera buffer;
recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device;
recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device;
determining a relationship between a drag distance of the drag gesture and
a target distance threshold; and
determining a relationship between a drag distance of the drag gesture and a target distance threshold;
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device; and
responsive to a determination that the drag distance is equal to or greater
than the target distance threshold and
that one or more of the touch inputs
are removed from the user interface,
triggering the camera application to switch modes from the first display mode to a second display mode.
responsive to a determination that the drag distance is equal to or greater than the target distance threshold and that one or more of the touch inputs are removed from the user interface, triggering the camera application to switch modes from the real-time display mode to a buffer-display mode, the buffer-display mode configured to provide access to view the plurality of frames recorded in the camera buffer.
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586
18. One or more non-transitory computer readable storage media comprising instructions that,
responsive to execution by a processor, cause operations to be performed compromising:
15. One or more non-transitory computer readable storage media comprising instructions that, responsive to execution by a processor, cause operations to be performed compromising:
executing a first display mode of a camera application of an electronic device;
executing a real-time display mode of a camera application of an electronic device;
displaying real-time images of a scene in a field of view of an image sensor of the electronic device during the real-time display mode;
recording the real-time images to a plurality of frames of a camera buffer;
recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device;
recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are
across at least a portion of a user interface of the electronic device;
determining a relationship between a drag distance of the drag gesture and a target distance threshold; and
determining a relationship between a drag distance of the drag gesture and a target distance threshold;
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device; and
responsive to a determination that the drag distance is equal to or greater than the target distance threshold and that one or more of the touch inputs are removed from the user interface, triggering the camera application to switch modes from the first display mode to a second display mode.
responsive to a determination that the drag distance is equal to or greater than the target distance threshold and that one or more of the touch inputs are removed from the user interface, triggering the camera application to switch modes from the real-time display mode to a buffer-display mode,
the buffer-display mode configured to provide access to view the plurality of frames recorded in the camera buffer.
Dependent claims 2-12, 19 and 10 correspond to obvious variants of claims 1-9 and 15 of prior U.S. Patent No. 12,267,586, and are therefore rejected on the same grounds as claim 1 and 15, supra. See correspondence below:
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586
2. The method of claim 1, further comprising
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device.
(from claim 1, supra)
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device;
3. The method of claim 2, further comprising: changing a state of the virtual shutter control from a first state to a second state in response to the drag distance being greater than an initial distance threshold that is less than the target distance threshold.
2. The method of claim 1, further comprising: changing a state of the virtual shutter control from a first state to a second state in response to the drag distance being greater than an initial distance threshold that is less than the target distance threshold.
4. The method of claim 3, further comprising: responsive to the determination that the drag distance is greater than the target distance threshold, changing the state of the virtual shutter control from the second state to a third state to visually communicate that the drag gesture has met the target distance threshold.
3. The method of claim 2, further comprising: responsive to the determination that the drag distance is greater than the target distance threshold, changing the state of the virtual shutter control from the second state to a third state to visually communicate that the drag gesture has met the target distance threshold.
5. The method of claim 2, further comprising: responsive to the determination that the drag distance is greater than the target distance threshold, providing a haptic response to indicate that the drag gesture has met the target distance threshold.
4. The method of claim 1, further comprising: responsive to the determination that the drag distance is greater than the target distance threshold, providing a haptic response to indicate that the drag gesture has met the target distance threshold.
6. The method of claim 2, wherein dynamically altering the virtual shutter control includes altering one or more parameters of the virtual shutter control proportionate to a difference between a length of a directional component of the drag distance and a length of the target distance threshold.
7. The method of claim 1, wherein dynamically altering the virtual shutter control includes altering one or more parameters of the virtual shutter control proportionate to a difference between a length of a directional component of the drag distance and a length of the target distance threshold.
7. The method of claim 6, wherein the one or more parameters include color, brightness, state, shape, width, or size.
8. The method of claim 7, wherein the one or more parameters include color, brightness, state, shape, width, or size.
8. The method of claim 1,
wherein the first display mode comprises a real-time display mode.
(from claim 1, supra)
…switch modes from the real-time display mode to a buffer-display mode
9. The method of claim 8, wherein the second display mode comprises a buffer-display mode,
the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer.
(from claim 1, supra)
switch modes from the real-time display mode to a buffer-display mode,
the buffer-display mode configured to provide access to view the plurality of frames recorded in the camera buffer.
10. The method of claim 9, further comprising:
displaying a scrubber view of the plurality of frames recorded in the camera buffer; and displaying an image corresponding to a selected frame of the plurality of the frames.
5. The method of claim 1, further comprising:
displaying a scrubber view of the plurality of frames recorded in the camera buffer; and displaying an image corresponding to a selected frame of the plurality of the frames.
11. The method of claim 10, further comprising:
during the buffer-display mode, receiving an input that activates a virtual shutter control; and responsive to the activation of the virtual shutter control during the buffer-display mode, causing the image corresponding to the selected frame to be stored in memory of the electronic device.
6. The method of claim 5, further comprising:
during the buffer-display mode, receiving an input that activates the virtual shutter control; and responsive to the activation of the virtual shutter control during the buffer-display mode, causing the image corresponding to the selected frame to be stored in memory of the electronic device.
12. The method of claim 9, further comprising: responsive to triggering the camera application to switch modes from the real-time display mode to the buffer-display mode, causing the camera application to stop recording frames in the camera buffer.
9. The method of claim 1, further comprising: responsive to triggering the camera application to switch modes from the real-time display mode to the buffer-display mode, causing the camera application to stop recording frames in the camera buffer.
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586
19. The non-transitory computer readable storage media of claim 18, the operations further comprising
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device.
(from claim 15, supra)
dynamically altering a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device;
20. The non-transitory computer readable storage media of claim 18, wherein the first display mode comprises a real-time display mode, wherein the second display mode comprises a buffer-display mode, the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer.
(from claim 15, supra)
triggering the camera application to switch modes from the real-time display mode to a buffer-display mode,
the buffer-display mode configured to provide access to view the plurality of frames recorded in the camera buffer.
Claims 13-15 and 17 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 10, 11 and 13 of U.S. Patent No. 12,267,586 (hereinafter “’586”) in view of U.S. Patent Publication No. 2010/0149121 to Alexander et al. (hereinafter “Alexander”).
Regarding claim 13, ‘586 recites all of the limitations of claim 13 except for being found to recite “that one or more of the touch inputs are removed from the user interface”. See correspondence below:
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586
13. An electronic device comprising:
10. An electronic device comprising:
a camera system configured to capture images of a scene;
a camera system configured to capture images of a scene;
a camera application comprising first computer-readable instructions stored
on computer-readable media and executable by one or more processors
to operate the camera system in
multiple modes;
a camera application comprising first computer-readable instructions stored on computer-readable media and executable by one or more processors
to operate the camera system in
multiple modes, the multiple modes including a real-time display mode and a buffer-display mode;
a camera buffer configured to record the images in frames during the real-time display mode; and
a gesture recognition module comprising second computer-readable instructions stored on the computer-readable media and executable by the one or more processors to:
a gesture recognition module
comprising second computer-readable instructions stored on the computer-readable media and executable by the
one or more processors to:
execute a first display mode of the camera application;
recognize a drag gesture during the real-time display mode;
recognize a drag gesture,
the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device;
recognize a drag gesture during the real-time display mode;
dynamically alter a virtual shutter control according to
determine a relationship between a drag distance of the drag gesture and a target distance threshold; and
a relationship between a drag distance of the drag gesture and a target distance threshold;
responsive to a determination that the drag distance is equal to or greater than the target distance threshold and
and responsive to the drag distance being greater than the target distance threshold,
that one or more of the touch inputs are removed from the user interface,
NOT RECITED BY CLAIM 10 OF ‘586
trigger the camera application to switch modes from the first display mode to a second display mode.
trigger the camera application to switch modes from the real-time display mode to the buffer-display mode.
Claim 10 of ‘586 has not been found by the Examiner to recite “… and that one or more of the touch inputs are removed from the user interface”. Nevertheless, the use of touchscreen gestures and contact-related activities to initiate an action or create a response in a device or system are well-known and commonly accepted in the electronic arts. For example, Alexander teaches touchscreen providing a determination that a touch input has been removed after a drag gesture from the user interface (e.g., figs. 3 and 4; [0034]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have added the teachings of Alexander relating to removal of tough inputs with the drag gesture of the device as recited by ‘586 in order to provide a clear signal that indicates a permanent and final end of a drag gesture (versus, for example, a pause), allowing for a more exact and final determination of a drag gesture and a drag gesture distance.
Regarding claims 14, 15 and 17, U.S. Patent 12,267,586 in view of Alexander teach all of the recited elements (see the non-statutory obviousness double patenting rejection, supra). See the correspondence below:
U.S. Application No. 19/095,226
U.S. Patent No. 12,267,586 in view of Alexander
14. The electronic device of claim 13, the second computer-readable instructions executable by the one or more processors
to dynamically alter a virtual shutter control according to the determined relationship between the drag distance of the drag gesture and the target distance threshold to visually convey the relationship to a user of the electronic device.
(from claim 10, supra)
dynamically alter a virtual shutter control according to a relationship between a drag distance of the drag gesture and a target distance threshold;
15. The electronic device of claim 14, wherein dynamically altering the virtual shutter control includes altering one or more parameters of the virtual shutter control proportionate to a difference between a length of a directional component of the drag distance and a length of the target distance threshold.
13. The electronic device of claim 10, wherein the gesture recognition module is configured to dynamically alter the virtual shutter control by altering one or more parameters of the virtual shutter control according to the relationship between the drag distance and the target distance threshold.
17. The electronic device of claim 13, wherein the first display mode comprises a real-time display mode, wherein the second display mode comprises a buffer-display mode, the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer.
11. The electronic device of claim 10, wherein the camera application is configured to: operate the camera system in the real-time display mode by displaying real-time images as viewed through a viewfinder; and operate the camera system in the buffer-display mode by displaying a view of the frames recorded in the camera buffer.
Claim Rejections - 35 USC § 103
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.
Claims 1, 8-11, 13, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2018/0091728 to Brown et al. (hereinafter “Brown”) in view of U.S. Patent Publication No. 2010/0315366 to Lee et al. (hereinafter “Lee”), in further view of Alexander.
Regarding claim 1, Brown teaches a method comprising executing a first display mode of a camera application of an electronic device (e.g., [0193], activate image review mode), recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device (e.g., fig. 5N, gesture 532; [0194]), responsive to the drag gesture (e.g., fig. 5N; [0194], gesture recognition), triggering the camera application to switch modes from the first display mode to a second display mode (e.g., [01094], return to live view). Brown, although determining a drag gesture, is not found by the Examiner to expressly disclose determining a relationship between a drag distance of the drag gesture and a target distance threshold, and switching modes responsive to a determination that the drag distance is equal to or greater than the target distance threshold, and in combination with one or more of the touch inputs being removed from the user interface.
Nevertheless, gesture recognition is well-known and commonly accepted in the electronic arts. For example, Lee teaches determining a relationship between a drag distance of a drag gesture and a target distance threshold and effecting a result responsive to a determination that the drag distance is equal to or greater than the target distance threshold (e.g., [0039]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have expressly incorporated the teachings of Lee with the method as taught by Brown in order to positively recognize the gesture, versus a small, inadvertent movement, thus prevent undesired responses.
Further to this, Alexander teaches a touchscreen providing a determination that a touch input has been removed after a drag gesture from the user interface (e.g., figs. 3 and 4; [0034]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have added the teachings of Alexander relating to removal of tough inputs with the measured distance drag gesture of the method as taught by Brown and Lee, in order to provide an even clearer signal to indicate a permanent and final end of a drag gesture (versus, for example, a pause), allowing for a more exact and final determination of a drag gesture and a drag gesture distance.
Regarding claim 8, Brown, Lee and Alexander teach all of the limitations of claim 8 (see the 35 U.S.C. 103 rejection of claim 1, supra), including teaching wherein the first display mode comprises a real-time display mode (e.g., ‘728 – [0194]).
Regarding claim 9, Brown, Lee and Alexander teach all of the limitations of claim 9 (see the 35 U.S.C. 103 rejection of claim 8, supra), including teaching wherein the second display mode comprises a buffer-display mode, the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer (e.g., ‘728 – [0194], image review mode).
Regarding claim 10, Brown, Lee and Alexander teach all of the limitations of claim 10 (see the 35 U.S.C. 103 rejection of claim 9, supra), including teaching the method further comprising displaying a scrubber view of the plurality of frames recorded in the camera buffer, and displaying an image corresponding to a selected frame of the plurality of the frames (e.g., ‘728 – fig. 5O).
Regarding claim 11, Brown, Lee and Alexander teach all of the limitations of claim 11 (see the 35 U.S.C. 103 rejection of claim 10, supra), including teaching the method during the buffer-display mode, receiving an input that activates a virtual shutter control (e.g., ‘728 – [0194], tap designates a frame; a “virtual shutter button” is not recited), and responsive to the activation of the virtual shutter control during the buffer-display mode, causing the image corresponding to the selected frame to be stored in memory of the electronic device (e.g., ‘728 – [0194], some element of storage must occur related to displaying an image).
Regarding claim 13, Brown teaches an electronic device comprising a camera system configured to capture images of a scene (e.g., fig. 1A), a camera application (e.g., fig. 1A; [0007]) comprising first computer-readable instructions stored on computer-readable media (e.g., figs. 1 and 3, Memory; [0056]) and executable by one or more processors to operate the camera system in multiple modes (e.g., fig. 1, indicator 104; [0194]), a gesture recognition module (e.g., fig. 1A, indicator 130; [0079-83]) comprising second computer-readable instructions stored on the computer-readable media and executable by the one or more processors to execute a first display mode of the camera application (e.g., [0193], activate image review mode), recognize a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device (e.g., fig. 5N, gesture 532; [0194]), responsive to the drag gesture (e.g., fig. 5N; [0194], gesture recognition), triggering the camera application to switch modes from the first display mode to a second display mode (e.g., [01094], return to live view). Brown, although determining a drag gesture, is not found by the Examiner to expressly disclose determining a relationship between a drag distance of the drag gesture and a target distance threshold, and switching modes responsive to a determination that the drag distance is equal to or greater than the target distance threshold, and in combination with one or more of the touch inputs being removed from the user interface.
Nevertheless, gesture recognition is well-known and commonly accepted in the electronic arts. For example, Lee teaches determining a relationship between a drag distance of a drag gesture and a target distance threshold and effecting a result responsive to a determination that the drag distance is equal to or greater than the target distance threshold (e.g., [0039]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have expressly incorporated the teachings of Lee with the device as taught by Brown in order to positively recognize the gesture, versus a small, inadvertent movement, thus prevent undesired responses.
Further to this, Alexander teaches a touchscreen providing a determination that a touch input has been removed after a drag gesture from the user interface (e.g., figs. 3 and 4; [0034]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have added the teachings of Alexander relating to removal of tough inputs with the measured distance drag gesture of the method as taught by Brown and Lee, in order to provide an even clearer signal to indicate a permanent and final end of a drag gesture (versus, for example, a pause), allowing for a more exact and final determination of a drag gesture and a drag gesture distance.
Regarding claim 17, Brown, Lee and Alexander teach all of the limitations of claim 17 (see the 35 U.S.C. 103 rejection of claim 13, supra), including teaching wherein the first display mode comprises a real-time display mode (e.g., ‘728 – [0194]), wherein the second display mode comprises a buffer-display mode, the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer (e.g., ‘728 – [0194]).
Regarding claim 18, Brown teaches one or more non-transitory computer readable storage media comprising instructions that, responsive to execution by a processor (e.g., [0007]), cause operations to be performed compromising: executing a first display mode of a camera application of an electronic device (e.g., [0193], activate image review mode), recognizing a drag gesture, the drag gesture comprising a sustained one or more touch inputs that are dragged across at least a portion of a user interface of the electronic device (e.g., fig. 5N, gesture 532; [0194]), responsive to the drag gesture (e.g., fig. 5N; [0194], gesture recognition), triggering the camera application to switch modes from the first display mode to a second display mode (e.g., [01094], return to live view). Brown, although determining a drag gesture, is not found by the Examiner to expressly disclose determining a relationship between a drag distance of the drag gesture and a target distance threshold, and switching modes responsive to a determination that the drag distance is equal to or greater than the target distance threshold, and in combination with one or more of the touch inputs being removed from the user interface.
Nevertheless, gesture recognition is well-known and commonly accepted in the electronic arts. For example, Lee teaches determining a relationship between a drag distance of a drag gesture and a target distance threshold and effecting a result responsive to a determination that the drag distance is equal to or greater than the target distance threshold (e.g., [0039]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have expressly incorporated the teachings of Lee with the method as taught by Brown in order to positively recognize the gesture, versus a small, inadvertent movement, thus prevent undesired responses.
Further to this, Alexander teaches a touchscreen providing a determination that a touch input has been removed after a drag gesture from the user interface (e.g., figs. 3 and 4; [0034]). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have added the teachings of Alexander relating to removal of tough inputs with the measured distance drag gesture of the method as taught by Brown and Lee, in order to provide an even clearer signal to indicate a permanent and final end of a drag gesture (versus, for example, a pause), allowing for a more exact and final determination of a drag gesture and a drag gesture distance.
Regarding claim 20, Brown, Lee and Alexander teach all of the limitations of claim 20 (see the 35 U.S.C. 103 rejection of claim 18, supra), including teaching wherein the first display mode comprises a real-time display mode buffer (e.g., ‘728 – [0194]), wherein the second display mode comprises a buffer-display mode, the buffer-display mode configured to provide access to view a plurality of frames recorded in a camera buffer (e.g., ‘728 – [0194]).
Allowable Subject Matter
Claim 16 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication No. 2009/0288044 to Matthews et al. teaches a similar device and method employing a drag distance threshold determination.
U.S. Patent Publication No. 2021/0142826 to Barnett et al. teaches a similar device and method by the instant applicant.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
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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/GARY C VIEAUX/Primary Examiner, Art Unit 2638
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