DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6-10, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stricker (US Pub. No. 2017/0257559).
Consider claim 1. Stricker discloses a system comprising: at least one processor; and a memory storing instructions that, when executed by the at least one processor, configure the at least one processor to perform operations (paras. 0039-0041 a processor; and a memory storing instructions that, when executed by the processor, configure the processor to perform operations) comprising: causing display of a user interface within an application, the user interface presenting real- time image data captured by a device camera, the user interface including a shutter button (para. 0034 describes an electronic device with at least one camera and touch sensitive display executes a camera application with a user interface providing a shutter button for capturing an image) which is configured to be selectable by a user to initiate video recording in response to a first user gesture (para. 0089 describes a long press gesture to record video); and upon detecting the first user gesture selecting the shutter button, initiating video recording with respect to the real-time image data (para. 0089 describes a long press gesture to start video recording), and providing for the shutter button to be draggable in a first predefined direction to initiate hands-free recording (para. 0008 describes gestures to activate the shutter button versus move the shutter button may be differentiated by movement during the gesture, including direction).
Consider claim 2. Stricker discloses the system of claim 1, the operations further comprising: providing for the shutter button to be draggable in a second predefined direction to switch between a front-facing camera and a rear-facing camera (paras. 0083 and 0084 describe switching between the front facing camera and rear camera based on moving the shutter button).
Consider claim 6. Stricker discloses the device of claim 1, wherein the shutter button is configured to be fixed in place prior to initiating the video recording (para. 0034 describes a first shutter button being fixed at a first location).
Consider claim 7. Stricker discloses the system of claim 1, wherein the shutter button is selectable to take a picture in response to a second user gesture (para. 0085 describes activating the shutter button using a tap input to capture an image).
Consider claim 8. Stricker discloses the system of claim 7, the operations further comprising, upon detecting the second user gesture selecting the shutter button: taking the picture with respect to the real-time image data; and providing an indication of taking the picture within the user interface (para. 0085 describes activating the shutter button using a tap input to capture the displayed image).
Claims 9, 10, and 14-18 are rejected using similar reasoning as corresponding claims 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 4, 5, 12, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stricker (US Pub. No. 2017/0257559) in view of Brown et al. (US Pub. No. 2018/0091728).
Consider claim 4. Stricker discloses all claimed limitations as stated above, except providing, upon detecting the first user gesture selecting the shutter button, plural indications within the user interface that video recording is active.
However, Brown et al. teaches providing, upon detecting the first user gesture selecting the shutter button, plural indications within the user interface that video recording is active (para. 0458 describes a plurality of visual characteristics of the camera user interface indicate active recording modes).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to provide upon detecting the first user gesture selecting the shutter button, plural indications within the user interface that video recording is active, in order to capture and record images in multiple modes as suggested by the prior art.
Consider claim 5. Stricker discloses the system of claim 4, wherein the first user gesture comprises a press-and-hold gesture, and wherein the plural indications are provided for a duration of the press-and-hold gesture (para. 0089 describes a long press gesture to record video).
Claims 12, 13, and 20 are rejected using similar reasoning as corresponding claim 5 above.
Allowable Subject Matter
Claims 3, 11, and 19 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mishawn N Hunter whose telephone number is (571)272-7635. The examiner can normally be reached Monday-Friday 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached on 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MISHAWN N. HUNTER/Primary Examiner, Art Unit 2484
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