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 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: "an image capturing unit configured to perform, a temporary storage unit configured to temporarily store, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, and a control unit configured to control" in Claim 1, "an image capturing unit configured to perform, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, a detection unit configured to detect, and a control unit configured to control" in Claim 12, and “an image capturing unit configured to perform, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, and a control unit configured to control” in Claim 16.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1 limitations "an image capturing unit configured to perform, a temporary storage unit configured to temporarily store, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, and a control unit configured to control", Claim 12 limitations "an image capturing unit configured to perform, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, a detection unit configured to detect, and a control unit configured to control" and Claim 16 limitations “an image capturing unit configured to perform, an acquisition unit configured to acquire, a biometric authentication unit configured to perform, and a control unit configured to control” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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.
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.
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Madoka et al., (JP 2020021127 A) hereinafter referred to as Madoka.
Regarding Claim 16, Madoka discloses An image capturing apparatus comprising: an image capturing unit configured to perform an image capturing process for capturing an image to thereby generate image data; [The display device is a device for displaying image data captured by the imaging device]
an acquisition unit configured to acquire biometric information of an operator who performs an operation of instructing the image capturing process; [the biometric information acquisition unit 10 is a sensor for acquiring the fingerprint of the user U as biometric information]
a biometric authentication unit configured to perform a biometric authentication process for authenticating the operator based on the biometric information acquired by the acquisition unit; [The authentication unit 150 authenticates whether the biometric information acquired by the biometric information acquisition unit 10 matches registered biometric information registered in advance]
and a control unit configured to control the image capturing unit, the acquisition unit, and the biometric authentication unit, respectively, wherein the control unit controls the image capturing unit to start the image capturing process [and when the authentication based on the fingerprint information succeeds, the biometric information acquisition unit 10 The imaging unit 11 captures an image in conjunction with the pressing, and generates image data]
and controls the biometric authentication unit to start the biometric authentication process, [The authentication unit 150 authenticates whether the biometric information acquired by the biometric information acquisition unit 10 matches registered biometric information registered in advance]
and in a case where the biometric authentication process is not terminated before the image capturing process is terminated, the control unit temporarily adds information related to the biometric information to the image data generated by the image capturing process. [When the biometric information authentication is successful (Yes in S6), the imaging unit 11 permits imaging (S8). The encryption unit 151 encrypts the image data obtained by the imaging unit 11 using the first encryption key (S10). The data output unit 152 outputs the encrypted data to the display device 2 via the connection terminal 12 with the display device 2 (S12)]
Allowable Subject Matter
Claims 19-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Claims 19-20, although the closest prior art of record (such as Madoka et al., (JP 2020021127 A) and Tussy (US 20220043896 A1)) teaches A method of controlling an image capturing apparatus, comprising: performing an image capturing process for capturing an image to thereby generate image data; temporarily performing provisional storage of the image data; acquiring biometric information of an operator who performs an operation of instructing the image capturing process; performing biometric authentication process for authenticating the operator based on the acquired biometric information; and controlling the capturing an image, the temporarily performing provisional storage, the acquiring, and the performing biometric authentication process respectively, wherein the controlling starts the image capturing process, starts the biometric authentication process, temporarily stores the image data generated by the image capturing process in a case where the biometric authentication process is not terminated before the image capturing process is terminated.
However, none of the prior art, alone or in combination teaches and adds, in a case where the biometric authentication process is terminated after the temporarily storing, a result of the biometric authentication process to the image data temporarily stored in view of other limitations of the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Allowable Subject Matter
Claims 1-15 would be in condition for allowance if the 112(b) rejections were obviated.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 1, the reasons for allowance are the same as was given for Claims 19 and 20, above.
Regarding Claim 12, the closest prior art of record, Madoka et al., (JP 2020021127 A) and Tussy (US 20220043896 A1) teaches An image capturing apparatus comprising: an image capturing unit configured to perform an image capturing process for capturing an image to thereby generate image data; an acquisition unit configured to acquire biometric information of an operator who performs an operation of instructing the image capturing process; a biometric authentication unit configured to perform a biometric authentication process for authenticating the operator based on the biometric information acquired by the acquisition unit; a detection unit configured to detect a first operation and a second operation, sequentially performed by the operator with a time difference therebetween; and a control unit configured to control the image capturing unit, the acquisition unit, the biometric authentication unit, and the detection unit, respectively, wherein in a case where the first operation is detected by the detection unit, the control unit controls the biometric authentication unit to perform the biometric authentication process.
However, the references do not explicitly teach nor suggest in detail, and in a case where the biometric authentication process is successful, until the second operation is detected, the control unit adds information concerning the successful biometric authentication process to the image data generated by the image capturing process before the second operation is detected in view of other limitations of the intervening claims.
Thus the prior arts of record taking singly or in combination do not teach or suggest the above-stated limitations taking wholly in combination with all the elements of each independent claim.
Allowable Subject Matter
Claims 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding Claims 17-18, the closest prior art of record does not explicitly teach nor suggest in detail the limitations of these claims in view of other limitations of the intervening claims.
Thus the prior arts of record taking singly or in combination do not teach or suggest the above-stated limitations taking wholly in combination with all the elements of each independent claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT.
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, Eleni Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW J STEINLE/Primary Examiner, Art Unit 2497
Prosecution Insights