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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/29/2025, 10/30/2025, & 05/15/2026 were filed after the mailing date of the non-final rejection on 06/30/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “unit” in claims 1-4, 6-10, 12, 14, 17, & 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 12, 14, & 16 are rejected under U.S.C. 102 as being anticipated by Takano (JP 2005229388 A, hereinafter, "9388").
Regarding Claim 12, 9388 teaches An information processing apparatus comprising: a communication unit that communicates with an external electronic apparatus having a shooting function and an external information processing apparatus (9388, pg. 2, para. 5, ln. 1-3, "The camera-equipped mobile terminal receives the series of shooting plan information of the e-mail transmitted from the management device, and is taken according to any shooting plan information of the received series of shooting plan information."); a management unit that manages information obtained from the electronic apparatus and the external information processing apparatus (9388 pg. 1, para. 2, ln. 2-4, "…a portable terminal with a camera that receives the series of shooting plan information from the management apparatus and performs shooting according to the shooting plan information."); and a control unit that controls the communication unit, wherein the control unit outputs information of the electronic apparatus to the external information processing apparatus, based on a shooting plan transmitted from the external information processing apparatus, transmits information of the shooting plan to the electronic apparatus to be used for shooting (9388, pg. 2, para. 5, ln. 1-3, "The camera-equipped mobile terminal receives the series of shooting plan information of the e-mail transmitted from the management device, and is taken according to any shooting plan information of the received series of shooting plan information."), receives from the electronic apparatus shooting information including a storage destination of image data obtained by shooting based on the shooting plan and information linking the image data and the shooting plan (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information."), and transmits the shooting information to the external information processing apparatus (9388, pg. 4, para. 2, ln. 1-4, "…the mobile terminal with a camera creates the body of the e-mail to which the photographic image information is attached based on the photographic plan information corresponding to the photographic image information, the management that has received the e-mail.").
Regarding Claim 14, 9388 teaches a storage unit that stores the image data and information linking the image data and the shooting plan received from the electronic apparatus (9388, pg. 6, para. 2, ln. 6-7, "Furthermore, the recording unit 15 includes an image / sound storage unit 153 that records and stores the captured image information and the sound information received from the mobile phone 2.").
Regarding Claim 16, 9388 teaches A control method for controlling input and output of information obtained from an electronic apparatus having a shooting function and an information processing apparatus via communication means, the method comprising: acquiring information of the electronic apparatus and outputting the information to the information processing apparatus, based on a shooting plan transmitted from the information processing apparatus (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information."), transmitting information of the shooting plan to the electronic apparatus to be used for shooting (9388, pg. 2, para. 5, ln. 1-3, "The camera-equipped mobile terminal receives the series of shooting plan information of the e-mail transmitted from the management device, and is taken according to any shooting plan information of the received series of shooting plan information."), receiving from the electronic apparatus shooting information including a storage destination of image data obtained by shooting based on the shooting plan and information linking the image data and the shooting plan (9388, pg. 6, para. 2, ln. 6-7, "Furthermore, the recording unit 15 includes an image / sound storage unit 153 that records and stores the captured image information and the sound information received from the mobile phone 2."), and transmitting the shooting information to the information processing apparatus (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information.").
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.
Claims 1-4, 8, 9, 11, 15, 17, & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Takano (JP 2005033448 A, hereinafter, "3448") in view of 9388.
Regarding Claim 1, 3448 teaches an electronic apparatus comprising: an acquisition unit that acquires a shooting plan (3448, [0008], ln. 5-6, "Shooting plan storage means for storing and managing shooting plan information associated with scene identification information."); a shooting unit that performs shooting and outputs image data (3448, [0008], ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."); a linking unit that links the shooting plan and the image data obtained by performing shooting by the shooting unit according to the shooting plan (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). 3448 does not teach a transmission unit that transmits the image data to which the shooting plan is linked. However, 9388 teaches a transmission unit that transmits the image data to which the shooting plan is linked (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 9388 with those of 3448 because it is well known in the art to transmit image data to which a shooting plan is linked.
Regarding Claim 2, 3448 and 9388 teach the limitations of dependent Claim 1 as noted above. 3448 teaches the linking unit links at least a part of information constituting the shooting plan to the image data (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 3448 with those of 3448 and 9388 because it is well known in the art to link at least a part of information constituting a shooting plan to the image data.
Regarding Claim 3, 3448 and 9388 teach the limitations of dependent Claim 2 as noted above. 3448 teaches the linking unit embeds at least a part of the information constituting the shooting plan in the image data (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 3448 with those of 3448 and 9388 because it is well known in the art to embed at least a part of the shooting image plan in the image data.
Regarding Claim 4, 3448 and 9388 teach the limitations of dependent Claim 2 as noted above. 3448 teaches the linking unit embeds at least a part of the information constituting the shooting plan in an additional data portion of the image data (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 3448 with those of 9388 because it is well known in the art to embed at least a part of the shooting plan information in an additional data portion of the image data.
Regarding Claim 8, 3448 and 9388 teach the limitations of dependent Claim 1 as noted above. 3448 teaches a determination unit that determines whether or not the shooting by the shooting unit corresponds to the shooting plan acquired by the acquisition unit, wherein in a case where the determination unit determines that the shooting corresponds to the shooting plan, the linking unit links the image data obtained by the shooting and the shooting plan (3448, [0007], ln. 3-5, "…it is possible to identify the work scene shot images without transferring the shooting plan itself to the camera side, and to classify the shot images according to the shooting plan classification system."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 3448 with those of 3448 and 9388 because it is well known in the art to determine whether or not the shooting corresponds to the shooting plan and link the image data when it does.
Regarding Claim 9, 3448 and 9388 teach the limitations of dependent Claim 1 as noted above. 9388 teaches the acquisition unit receives the shooting plan from an external information processing apparatus (9388, pg. 2, para. 5, ln. 1-3, "The camera-equipped mobile terminal receives the series of shooting plan information of the e-mail transmitted from the management device, and is taken according to any shooting plan information of the received series of shooting plan information."), and the transmission unit transmits shooting information including a storage destination of the image data obtained by shooting based on the shooting plan and information linking the image data and the shooting plan to the information processing apparatus (9388, pg. 4, para. 2, ln. 1-4, "…the mobile terminal with a camera creates the body of the e-mail to which the photographic image information is attached based on the photographic plan information corresponding to the photographic image information, the management that has received the e-mail."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 9388 with those of 3448 and 9388 because it is well known in the art to receive a shooting plan from an external information processing apparatus and transmit shooting information including a storage destination of the image data basted on the shooting plan and information linking the image data and shooting plan to said apparatus.
Regarding Claim 11, 3448 and 9388 teach the limitations of dependent Claim 1 as noted above. 3448 teaches the electronic apparatus is a digital still camera (3448, [0001], ln. 2, "…a digital camera…"). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of 3448 with those of 3448 and 9388 because it is well known in the art to use digital still cameras.
Regarding Claim 15, 3448 teaches a control method of an electronic apparatus comprising: acquiring a shooting plan (3448, [0008], ln. 5-6, "Shooting plan storage means for storing and managing shooting plan information associated with scene identification information."); performing shooting and outputting image data (3448, [0008], ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."); linking the image data and the shooting plan (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). 3448 does not teach transmitting the image data to which the shooting plan is linked. However, 9388 teaches transmitting the image data to which the shooting plan is linked (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information.").
Regarding Claim 17, 3448 teaches a non-transitory computer-readable storage medium, the storage medium storing a program that is executable by the computer, wherein the program includes program code for causing the computer to function as an electronic apparatus comprising: an acquisition unit that acquires a shooting plan (3448, [0008], ln. 5-6, "Shooting plan storage means for storing and managing shooting plan information associated with scene identification information."); a shooting unit that performs shooting and outputs image data (3448, [0008], ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."); a linking unit that links the shooting plan and the image data obtained by performing shooting by the shooting unit according to the shooting plan (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan."). 3448 does not teach a transmission unit that transmits the image data to which the shooting plan is linked. However, 9388 teaches a transmission unit that transmits the image data to which the shooting plan is linked (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information.").
Regarding Claim 18, 9388 teaches A non-transitory computer-readable storage medium, the storage medium storing a program that is executable by the computer, wherein the program includes program code for causing the computer to function as an information processing apparatus comprising: a communication unit that communicates with an external electronic apparatus having a shooting function and an external information processing apparatus (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information."); a management unit that manages information obtained from the electronic apparatus and the external information processing apparatus (9388, pg. 6, para. 2, ln. 6-7, "Furthermore, the recording unit 15 includes an image / sound storage unit 153 that records and stores the captured image information and the sound information received from the mobile phone 2."); transmits information of the shooting plan to the electronic apparatus to be used for shooting (9388, pg. 2, para. 5, ln. 1-3, "The camera-equipped mobile terminal receives the series of shooting plan information of the e-mail transmitted from the management device, and is taken according to any shooting plan information of the received series of shooting plan information."), receives from the electronic apparatus shooting information including a storage destination of image data obtained by shooting based on the shooting plan and information linking the image data and the shooting plan (9388, pg. 6, para. 2, ln. 6-7, "Furthermore, the recording unit 15 includes an image / sound storage unit 153 that records and stores the captured image information and the sound information received from the mobile phone 2."), and transmits the shooting information to the external information processing apparatus (9388, pg. 2, para. 1, ln. 1-3, "A function for receiving, from the external camera-equipped mobile terminal, captured image information captured according to any of the captured plan information in a series of captured plan information by e-mail and captured plan information corresponding to the captured image information."). 9388 does not teach a control unit that controls the communication unit, wherein the control unit outputs information of the electronic apparatus to the external information processing apparatus, based on a shooting plan transmitted from the external information processing apparatus. However, 3448 teaches a control unit that controls the communication unit, wherein the control unit outputs information of the electronic apparatus to the external information processing apparatus, based on a shooting plan transmitted from the external information processing apparatus (3448, [008, ln. 12-13, "…captured image with scene identification information from the digital camera in accordance with the classification system of the shooting plan.").
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over 9388 in view of Carbonell et al (US 20120176496 A1, hereinafter, "Carbonell").
Regarding Claim 13, 9388 teaches the limitations of dependent Claim 12 as noted above. Carbonell teaches the information of the electronic apparatus includes information for identifying the electronic apparatus, location information, and information indicating a state (Carbonell, [0005], ln. 11-12, "A mapping can be capable of tracking the proximate camera state, which can include a camera identification value, camera location, and a camera field of view dimension."). It would have been obvious to a person having ordinary skill in the art at the time of the invention to combine the teachings of Carbonell with those of 9388 because it is well known in the art to incorporate metadata in the information of an electronic processing apparatus.
Allowable Subject Matter
Claims 5-7 & 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 5, the prior art of record – taken alone or in combination – fails to teach or render obvious information that constitutes the shooting plan includes identification information of the shooting plan.
Regarding Claim 6, it would be allowable because it is dependent on Claim 5.
Regarding Claim 7, it would be allowable because it is dependent on Claim 5.
Regarding Claim 10, the prior art of record – taken alone or in combination – fails to teach or render obvious the transmission unit further transmits information identifying the electronic apparatus, location information, and information indicating a state to the information processing apparatus prior to obtaining the shooting plan. Carbonell teaches transmitting the above mentioned metadata, but is silent on the timing of when the transmission takes place relative to the timing of the obtaining of a shooting plan.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN DANIEL BARRY whose telephone number is (571)270-0432. The examiner can normally be reached M-Th 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 517-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN DANIEL BARRY/Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638
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