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 .
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.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on May 15, 2015 (with the first cited reference being “Notice of Allowance issued in corresponding application no. 18/527,950, dated February 18, 2025”) is in compliance with the provisions of 37 CFR 1.97 and has been considered by the Examiner.
The information disclosure statements filed:
May 15, 2015 -- with the first cited reference being U.S. Patent Application No. 20150009359,
May 15, 2015 -- with the first cited reference being U.S. Patent No. 7034881,
May 15, 2015 -- with the first cited reference being U.S. Patent No. 7221395,
May 15, 2015 -- with the first cited reference being U.S. Patent Application No. 20160155009,
each fail to comply with the provisions of 37 CFR 1.98(a)(4) because they lack the appropriate size fee assertion. They have been placed in the application file, but the information referred to therein has not been considered as to the merits.
Double Patenting – Non-Statutory
The nonstatutory 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 nonstatutory double patenting rejection is appropriate where the claims at issue 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 Longa, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Orne, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Torrington, 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 2-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. 12,328,524. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Application 19/208,954
Patent 12,328,524
Claim 2
Claim 1
2. A method for processing images using a portable imaging apparatus, the portable imaging apparatus comprising a display including a touch panel, and a camera configured to capture an image of an object and output an image signal of the image, the method comprising:
generating image data from the image signal from the camera;
executing a face recognition process on the image data;
picking up partial image data from the image data;
executing a composition process to generate composition image data using the partial image;
compressing the image data using a predetermined compression scheme;
storing a first image data, including an image of a first person, in a memory;
storing a second image data, including an image of a second person, in the memory;
executing the face recognition process on both the first image data and the second image data;
picking up partial image data from the second image data, the partial image data including the image of the second person;
executing composition process to generate first composition image data using both the first image data and the partial image data;
storing third image data, including another image of the second person, in the memory;
picking up another partial image data from the third image data, the another partial image data including the another image of the second person;
executing composition process again to generate second composition image data using both the first composition image data and the another partial image data;
compressing the second composition image data; and
storing the compressed second composition image data in a storage.
1. A portable imaging apparatus comprising;
a display including a touch panel;
a camera configured to capture an image of an object and output an image signal of the image;
an image processor configured to:
generate an image data from the image signal from the camera;
execute a face recognition process on the image data;
pick up a partial image data from the image data;
execute a composition process to generate a composition image data using the partial image; and
compress the image data in a predetermined compression scheme;
a processor configured to:
store a first image data, including an image of a first person, in a memory;
store a second image data, including an image of a second person, in the memory;
control the image processor to execute the face recognition process on both the first image data and the second image data;
control the image processor to pick up a partial image data from the second image data, the partial image data including the image of the second person;
control the image processor to execute composition process to generate a first composition image data using both the first image data and the partial image data,
store a third image data, including another image of the second person, in the memory;
control the image processor to pick up another partial image data from the third image data, the another partial image data including the another image of the second person;
control the image processor to execute composition process again to generate a second composition image data using both the first composition image data and the another partial image data,
control the image processor to compress the second composition image data; and
store the compressed second composition image data in a storage.
Claim 3
Claim 2
3. The method according to claim 2, further comprising controlling the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
2. The portable imaging apparatus according to claim 1, wherein the processor is further configured to control the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
Claim 4
Claim 3
4. The method according to claim 2, further comprising controlling the display to show a message describing a reason why the composition process is not executable.
3. The portable imaging apparatus according to claim 1, wherein the processor is further configured to control the display to show a message describing a reason why the composition process is not executable.
Claim 5
Claim 4
5. The method according to claim 2,
wherein the portable imaging apparatus comprises a GPS signal receiver, and
wherein the method further comprises:
obtaining current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver; and
storing the compressed second composition image data together with the current position information in the storage.
4. The portable imaging apparatus according to claim 1, further comprising a GPS signal receiver,
wherein the processor is further configured to:
obtain a current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver; and
store the compressed second composition image data together with the current position information in the storage.
Claim 6
Claim 5
6. The method according to claim 5, further comprising storing the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
5. The portable imaging apparatus according to claim 4, wherein the processor is further configured to store the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
Claim 7
Claim 6
7. The method according to claim 2,
wherein the portable imaging apparatus further comprises wireless communication circuitry, and
wherein the method further comprises transmitting a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
6. The portable imaging apparatus according to claim 1, further comprising wireless communication circuitry,
wherein the processor is further configured to transmit a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
Claim 8
Claim 7
8. The method according to claim 7, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
7. The portable imaging apparatus according to claim 6, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
Claim 9
Claim 8
9. The method according to claim 2, wherein the predetermined compression scheme is JPEG or TIFF.
8. The portable imaging apparatus according to claim 1, wherein the predetermined compression scheme is JPEG or TIFF.
Claim 10
Claim 9
10. The method according to claim 2, wherein capture times of the first, second, and third image data each occur within three minutes.
9. The portable imaging apparatus according to claim 1, wherein capture times of the first, second, and third image data each occur within three minutes.
Claim 11
Claim 10
11. A method for processing images using a portable imaging apparatus, the portable imaging apparatus comprising a display including a touch panel, and a camera configured to capture an image of an object and output an image signal of the image, the method comprising:
generating image data from the image signal from the camera;
executing a face recognition process on the image data;
picking up partial image data from the image data;
executing composition process to generate composition image data using the partial image;
compressing the image data using a predetermined compression scheme;
storing first image data, including an image of a first person, in a memory;
storing second image data, including an image of a second person, in the memory;
executing the face recognition process on both the first image data and the second image data;
picking up partial image data from the first image data, the partial image data including the image of the first person;
executing composition process to generate first composition image data using both the second image data and the partial image data;
storing third image data, including another image of the second person, in the memory;
picking up another partial image data from the third image data, the another partial image data including another image of the second person;
executing composition process again to generate second composition image data using both the first composition image data and the another partial image data;
compressing the second composition image data; and
storing the compressed second composition image data in a storage.
10. A portable imaging apparatus comprising;
a display including a touch panel;
a camera configured to capture an image of an object and output an image signal of the image;
an image processor configured to:
generate an image data from the image signal from the camera;
execute a face recognition process on the image data;
pick up a partial image data from the image data;
execute composition process to generate a composition image data using the partial image; and
compress the image data in a predetermined compression scheme;
a processor configured to:
store a first image data, including an image of a first person, in a memory;
store a second image data, including an image of a second person, in the memory;
control the image processor to execute the face recognition process on both the first image data and the second image data;
control the image processor to pick up a partial image data from the first image data, the partial image data including the image of the first person; and
control the image processor to execute composition process to generate a first composition image data using both the second image data and the partial image data,
store a third image data, including another image of the second person, in the memory;
control the image processor to pick up another partial image data from the third image data, the another partial image data including another image of the second person;
control the image processor to execute composition process again to generate a second composition image data using both the first composition image data and the another partial image data,
control the image processor to compress the second composition image data; and
store the compressed second composition image data in a storage.
Claim 12
Claim 11
12. The method according to claim 11, further comprising controlling the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
11. The portable imaging apparatus according to claim 10, wherein the processor is further configured to control the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
Claim 13
Claim 12
13. The method according to claim 11, further comprising controlling the display to show a message describing a reason why the composition process is not executable.
12. The portable imaging apparatus according to claim 10, wherein the processor is further configured to control the display to show a message describing a reason why the composition process is not executable.
Claim 14
Claim 13
14. The method according to claim 11,
wherein the portable imaging apparatus further comprises a GPS signal receiver, and
wherein the method further comprises:
obtaining a current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver; and
storing the compressed second composition image data together with the current position information in the storage.
13. The portable imaging apparatus according to claim 10, further comprising a GPS signal receiver,
wherein the processor is further configured to:
obtain a current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver; and
store the compressed second composition image data together with the current position information in the storage.
Claim 15
Claim 14
15. The method according to claim 14, further comprises storing the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
14. The portable imaging apparatus according to claim 13, wherein the processor is further configured to store the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
Claim 16
Claim 15
16. The method according to claim 11,
wherein the portable imaging apparatus further comprises wireless communication circuitry, and
wherein the method further comprises transmitting a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
15. The portable imaging apparatus according to claim 10, further comprising wireless communication circuitry,
wherein the processor is further configured to transmit a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
Claim 17
Claim 16
17. The method according to claim 16, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
16. The portable imaging apparatus according to claim 15, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
Claim 18
Claim 17
18. The method according to claim 11, wherein the predetermined compression scheme is JPEG or TIFF.
17. The portable imaging apparatus according to claim 10, wherein the predetermined compression scheme is JPEG or TIFF.
Claim 19
Claim 18
19. The method according to claim 11, wherein capture times of the first, second, and third image data each occur within three minutes.
18. The portable imaging apparatus according to claim 10, wherein capture times of the first, second, and third image data each occur within three minutes.
Claim 20
Claim 19
20. A method for processing images using a portable imaging apparatus, the portable imaging apparatus comprising a display including a touch panel, and a camera configured to capture an image of an object and output an image signal of the image, the method comprising:
generating image data from the image signal from the camera;
executing face recognition process on the image data;
picking up partial image data from the image data;
executing a composition process to generate composition image data using the partial image; and
compressing the image data using a predetermined compression scheme; and
storing the image data in a storage,
wherein, in response to selecting a first display button for executing the composition process when first image data including an image of a first person selected from among stored image data including at least the first image data and second image data including an image of a second person is displayed on the display, the method comprises:
searching the stored image data in the storage for candidate image data to be composed with the first image data based on at least face images of persons included in the stored image data;
picking up partial image data from the second image data selected as one of the candidate image data;
executing the composition process to generate first composition image data using the first image data and the partial image data; and
controlling the display to display the first composition image data, and
wherein, in response to selecting, after displaying the first composition image data, a second display button for changing the candidate image data to be composed with the first image data from the second image data to third image data including another image of the second person, the method further comprises controlling the display to display second composition image data based on the first image data and another partial image data picked up from the third image data.
19. A portable imaging apparatus comprising:
a display including a touch panel;
a camera configured to capture an image of an object and output an image signal of the image;
an image processor configured to:
generate an image data from the image signal from the camera;
execute face recognition process on the image data;
pick up a partial image data from the image data;
execute a composition process to generate a composition image data using the partial image; and
compress the image data in a predetermined compression scheme;
a storage configured to store the image data compressed by the image processor; and
a processor configured to control the display, the camera, the image processor and the storage,
wherein, in response to selecting a first display button for executing the composition process when a first image data including an image of a first person selected from among stored image data including at least the first image data and a second image data including an image of a second person is displayed on the display, a processor configured to:
search the stored image data in the storage for candidate image data to be composed with the first image data based on at least face images of persons included in the stored image data;
pick up a partial image data from the second image data selected as one of the candidate image data;
control the image processor to execute the composition process to generate a first composition image data using the first image data and the partial image data; and
control the display to display the first composition image data, and
wherein, in response to selecting, after displaying the first composition image data, a second display button for changing the candidate image data to be composed with the first image data from the second image data to third image data including another image of the second person, the controller is further configured to control the display to display a second composition image data based on the first image data and another partial image data picked up from the third image data.
Claim 21
Claim 20
21. The method according to claim 20, further comprising controlling the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
20. The portable imaging apparatus according to claim 19, wherein the processor is further configured to control the display to show the second composition image data and an icon for issuing an instruction to store the second composition image data.
Claim 22
Claim 21
22. The method according to claim 20, further comprising controlling the display to show a message describing a reason why the composition process is not executable.
21. The portable imaging apparatus according to claim 19, wherein the processor is further configured to control the display to show a message describing a reason why the composition process is not executable.
Claim 23
Claim 22
23. The method according to claim 20, wherein the portable imaging apparatus further comprises a GPS signal receiver, and
wherein the method comprises:
obtaining a current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver;
compressing the second composition image data, and
storing the compressed second composition image data together with the current position information in the storage.
22. The portable imaging apparatus according to claim 19, further comprising a GPS signal receiver,
wherein the processor is further configured to:
obtain a current position information of the portable imaging apparatus based on GPS signals received via the GPS signal receiver; and
store the compressed second composition image data together with the current position information in the storage.
Claim 24
Claim 23
24. The method according to claim 23, further comprising storing the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
23. The portable imaging apparatus according to claim 22, wherein the processor is further configured to store the compressed second composition image data together with information of an aperture value, a number of pixels, ISO sensitivity, or photographing date and time, in addition to the current position information, in the storage.
Claim 25
Claim 24
25. The method according to claim 20,
wherein the portable imaging apparatus further comprises wireless communication circuitry, and
wherein the method further comprises transmitting a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
24. The portable imaging apparatus according to claim 19, further comprising wireless communication circuitry,
wherein the processor is further configured to transmit a communication packet via the wireless communication circuitry to the Internet for searching image data and receive a search result.
Claim 26
Claim 25
26. The method according to claim 25, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
25. The portable imaging apparatus according to claim 24, wherein a radio signal scheme of the wireless communication circuitry is based on Wi-Fi standard.
Claim 27
Claim 26
27. The method according to claim 20, wherein the predetermined compression scheme is JPEG or TIFF.
26. The portable imaging apparatus according to claim 19, wherein the predetermined compression scheme is JPEG or TIFF.
Claim 28
Claim 27
28. The method according to claim 20, wherein capture times of the first, second, and third image data each occur within three minutes.
27. The portable imaging apparatus according to claim 19, wherein capture times of the first, second, and third image data each occur within three minutes.
In view of the foregoing, Claims 2-28 of the pending application are an obvious variant and encompassed by claims 1-27 of US Patent 12,328,524.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2015/0009359: note the use of an imaging device that captures plural images that each include different people, and performs image synthesis to generate a single composite image having each person from the plural images, but fails to disclose the removal of a person from the images, or the notification that composition processing is unable to be executed.
US 2016/0155009: note the use of an imaging device that captures plural images which include a person, and performs image processing to generate a background image in which the person is removed, but fails to disclose that the images contain multiple people, and that only one of the people is removed from the generated composite image, or the notification that composition processing is unable to be executed.
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.
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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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/CHRISS S YODER III/Examiner, Art Unit 2638
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