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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 7/25/2025 and 2/3/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-7, 9 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsubara et al. US 2015/0304554.
Re claim 1, Matsubara discloses an image processing device comprising: a processor (photograph sticker creating apparatus 1 includes a control device 201 including a CPU and a processor)(figure 12; paragraphs 148-149) , wherein the processor is configured to display a live view image on a screen (display live view on display 322)(figures 22-23; paragraphs 171-172, 237-245), display, in the live view image, a recommended region indicating a recommended position in the live view image (guiding lines 431A, 431B)(figures 22-23; paragraphs 238-247), acquire a plurality of captured images (451-1 to 451-4) each having an outer edge larger than an outer edge of the recommended region in a state where the recommended region is displayed in the live view image(multiple images may be captured while viewing the live view image and recommended regions)(figures 23-27; paragraphs 238-272), and output a plurality of adjusted images based on the plurality of captured images in a selected layout (the range of shooting of the camera 91 is wider than the range in the display area 431, a predetermined region is cutoff and used for display and an image for output is selected from a plurality of captured images)(figures 23-27; paragraphs 247, 269-272).
Re claim 2, Matsubara further discloses that the adjusted image is an image obtained by adjusting a size of a corresponding captured image to a size such that an image region at a position corresponding to a position of the recommended region in the captured image fits within a layout frame in the layout (the range of shooting of the camera 91 is wider than the range in the display area 431, a predetermined region is cutoff and used for display and an adjusting unit 334 may move the frame F1 upward/downward or change the frame width to trim the image) (figures 23-27, 34A,B; paragraphs 247, 269-272, 304-309).
Re claim 3, Matsubara further discloses that the adjustment of the size of the captured image is realized by adjusting a width of the captured image according to a width of the layout frame and/or adjusting a height of the captured image according to a height of the layout frame (adjusting unit 334 may move the frame F1 upward/downward or change the frame width to trim the image) (figures 34A,B; paragraphs 304-309).
Re claim 4, Matsubara further discloses that the adjustment of the size of the captured image is realized by trimming the captured image and/or reducing the size of the captured image (adjusting unit 334 may move the frame F1 upward/downward or change the frame width to trim the image or change the size) (figures 34A,B; paragraphs 304-309).
Re claim 5, Matsubara further discloses that the adjusted image is an image obtained by adjusting a shape of the captured image to match a shape of the layout frame (the rectangular shape of the captured image matches the shape of the layout frame) (figures 34A,B; paragraphs 304-309).
Re claim 6, Matsubara further discloses that a positional relationship between the recommended region and the layout frame is such that a portion of a subject that is shown in at least a central portion of the recommended region is disposed in a central portion of the layout frame (guiding lines 431A,B,C allow a user to adjust their position so they are in a central portion of the live view image) (figures 22-23; paragraphs 237-248).
Re claim 7, Matsubara further discloses that the adjusted image is an image obtained by adjusting the size of the captured image to a size such that the image region fits within the layout frame in accordance with position information indicating the position of the recommended region in the captured image (the range of shooting of the camera 91 is wider than the range in the display area 431, a predetermined region is cutoff and used for display and an adjusting unit 334 may move the frame F1 upward/downward or change the frame width to trim the image and guiding lines 431A,B,C allow a user to adjust their position so they are in a central portion of the live view image) (figures 22-23, 34A,B; paragraphs 237-248, 304-309).
Re claim 9, Matsubara further discloses that the layout frame is a laterally long frame or a vertically long frame in front view with respect to the screen (the frames may be laterally or vertically long) (figures 22-23, 34A,34B).
Re claim 11, Matsubara further discloses that the captured image is obtained by performing interval imaging or continuous imaging (after an image is captured, display of the live view image is restarted and subsequent shootings are performed) (paragraphs 258, 263, 268).
Re claim 12, Matsubara further discloses that the plurality of captured images are selected from a plurality of candidate images obtained by performing the interval imaging or the continuous imaging in response to a given selection instruction (multiple images may be captured while viewing the live view image and an image for output is selected from a plurality of captured images)(figures 23-27; paragraphs 238-272).
Re claim 13, Matsubara further discloses that the plurality of candidate images are displayed on the screen as a plurality of thumbnail images (451-1 to 451-4), and each of the plurality of captured images is a candidate image corresponding to a thumbnail image selected from the plurality of thumbnail images (multiple images may be captured while viewing the live view image and an image for output is selected from a plurality of captured images)(figures 23-27; paragraphs 238-272).
Re claim 14, Matsubara discloses a terminal device (photograph sticker creating apparatus 1 including a control device 201 including a CPU and processor) (figure 12; paragraphs 148-149) comprising: the image processing device according to claim 1; and an image sensor, wherein the live view image is obtained by performing imaging using the image sensor (camera 91 includes an imaging device for capturing live view images) (paragraph 115).
Re claims 15 and 16, Matsubara discloses an image processing method and a non-transitory computer-readable storage medium storing a program executable by a computer to execute a process comprising: displaying a live view image on a screen (display live view on display 322)(figures 22-23; paragraphs 171-172, 237-245), displaying, in the live view image, a recommended region indicating a recommended position in the live view image (guiding lines 431A, 431B)(figures 22-23; paragraphs 238-247), acquiring a plurality of captured images (451-1 to 451-4) each having an outer edge larger than an outer edge of the recommended region in a state where the recommended region is displayed in the live view image(multiple images may be captured while viewing the live view image and recommended regions)(figures 23-27; paragraphs 238-272), and outputting a plurality of adjusted images based on the plurality of captured images in a selected layout (the range of shooting of the camera 91 is wider than the range in the display area 431, a predetermined region is cutoff and used for display and an image for output is selected from a plurality of captured images)(figures 23-27; paragraphs 247, 269-272), wherein the adjusted image is an image obtained by adjusting a size of a corresponding captured image to a size such that an image region at a position corresponding to a position of the recommended region in the captured image fits within a layout frame in the layout (the range of shooting of the camera 91 is wider than the range in the display area 431, a predetermined region is cutoff and used for display and an adjusting unit 334 may move the frame F1 upward/downward or change the frame width to trim the image) (figures 23-27, 34A,B; paragraphs 247, 269-272, 304-309).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. US 2015/0304554 in view of Stimm et al. US 2023/0109047.
Re claim 8, the Matsubara reference discloses all of the limitations of claim 7 above. However, although the Matsubara reference discloses all of the limitations above, it fails to specifically disclose that the captured image and the position information are recorded on a recording medium in a state of being associated with each other, the captured image is extracted from the recording medium in response to a given extraction instruction, and the position information associated with the captured image extracted from the recording medium is extracted from the recording medium, and the adjusted image is an image obtained by adjusting the size of the captured image extracted from the recording medium to a size such that the image region fits within the layout frame in accordance with the position information extracted from the recording medium.
Stimm discloses that it is well known in the digital imaging art for a camera to capture and store both image data and position information as metadata in a recording medium and to retrieve the stored metadata to perform further image processing operations (paragraph 39). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of storing both image data and position data as metadata on a recording medium as disclosed by the Stimm reference in the image processing device disclosed by the Matsubara reference. Doing so would provide a means for performing further image processing operations on captured images using stored metadata containing positional and image information.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. US 2015/0304554 in view of Matsumura US 2018/0367741.
Re claim 10, the Matsubara reference discloses all of the limitations of claim 1 above. However, although the Matsubara reference discloses all of the limitations above, it fails to specifically disclose that the recommended region is a square region.
Matsumura discloses that it is well known in the digital imaging art for a camera to include a square shaped image trimming region to trim a target region (figure 8; paragraph 123). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of a square shaped trimming region for an image as disclosed by the Matsumura reference in the image processing device disclosed by the Matsubara reference. Doing so would provide a means for allowing a user to easily trim and crop captured image data in order to emphasize regions of interest within captured images.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Toyoda US 2018/0139395 discloses an image pickup system including multiple displayed trimming frames.
Kim et al. US 2009/0161961 discloses an image processing device capable of trimming displayed image data.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699
