Prosecution Insights
Last updated: October 01, 2026
Application No. 19/301,016

METHOD, APPARATUS, ELECTRONIC DEVICE, STORAGE MEDIUM, AND PROGRAM PRODUCT FOR CAPTURING IMAGE CONTENT

Non-Final OA §103
Filed
Aug 15, 2025
Priority
Nov 28, 2024 — CN 202411733640.3
Examiner
NGUYEN, CHAN T H
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Beijing Zitiao Network Technology Co., Ltd.
OA Round
3 (Non-Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
11m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
432 granted / 500 resolved
+24.4% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
20 currently pending
Career history
515
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/27/2026 has been entered. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/04/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Arguments Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 103 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al. (“Kimura”, US 2017/0208246) in view of Lusk et al. (“Lusk”, US 2019/0306411). Regarding claim 1, Kimura discloses a method for image capturing, comprising: displaying a reference image in a first region of an image capturing interface (Kimura: see figs. 7A, 7B and par. [0092], displaying a reference image R in a top right of an image capturing interface P3); displaying assistance information in the image capturing interface, wherein the assistance information is configured to assist image capturing based on the reference image (Kimura: see figs. 7A, 7B and par. [0092], displaying assistance information 31 in the image capturing interface P3, wherein the assistance information is configured to assist image capturing based on the reference image R); and capturing an image in response to an image capturing instruction (Kimura: see par. [0095], capturing an image in response to the image capturing instruction as the user sets the shooting parameter). Kimura does not explicitly disclose the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image, and at least a part of the second guidance element is displayed outside the reference image. However, Lusk teaches that the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image (Lusk: see fig. 5 and pars. [0060]-[0061], wherein the assistance information comprises a first guidance element 508 and a second guidance element 510, the first guidance element 508 corresponds to a fist capturing object in a preview picture of image capturing, the second guidance element 510 is obtained based on the reference image as in fig. 4). One would have been modified to include a first guidance element and a second guidance element as taught by Lusk in the apparatus of Kimura to have another way to assist the user to capture the image perfectly. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Lusk with the Kimura’s system to include that the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image. Kimura in the combination with Lusk teaches that at least a part of the second guidance element is displayed outside the reference image (Kimura: the reference image is located in the top right of interface P3 (see figs. 7A-7B), therefore the second guidance element 510 as seen in Lusk, fig. 5 is displayed outside the refence image). Regarding claim 2, Kimura in the combination with Lusk discloses the method of claim 1, further comprising at least one of the following: acquiring feedback information in response to that the image capturing parameter information of the image capturing interface matches the assistance information (Kimura: see par. [0043], acquiring feedback information and acquiring the image capturing instruction in response to that image capturing parameter information of the image capturing interface matches the assistance information as the detailed information related to the captured image as a reference, such as shooting parameter and shooting location or shooting date and time, is output, and thus the user can check the detailed information of an image to be photographed and perform effectively a shooting operation that is similar to the reference image); acquiring the image capturing instruction based on an image capturing operation (Kimura: see fig. 7B and par. [0093], the user can set a shooting parameter in response to that image capturing parameter information 33 based on an image capturing operation). Regarding claim 3, Kimura in the combination with Lusk discloses the method of claim 2, wherein acquiring the feedback information in response to that the capturing parameter information of the image capturing interface matches the assistance information comprises: acquiring the feedback information in response to that the capturing parameter information of the image capturing interface matches reference parameter information of the reference image (Kimura: see par. [0043], acquiring feedback information and acquiring the image capturing instruction in response to that image capturing parameter information of the image capturing interface matches the assistance information as the detailed information related to the captured image as a reference, such as shooting parameter and shooting location or shooting date and time, is output, and thus the user can check the detailed information of an image to be photographed and perform effectively a shooting operation that is similar to the reference image). Regarding claim 4, Kimura in the combination with Lusk discloses the method of claim 1, wherein the reference image is associated with media content posted by a user (One of ordinary skill in the art would understand that the reference image can be associated with media content posted by a user), and the assistance information is determined based associated information input by the user (Kimura: see par. [0066], the assistance information can be shooting parameter is determined based on an angle, an effect… inputted by selecting reference image candidates C1 to C4 by a user). Regarding claim 5, Kimura in the combination with Lusk discloses the method of claim 4, wherein displaying the reference image in the first region of the image capturing interface comprises: displaying a media content display interface; displaying the media content in the media content display interface; displaying the image capturing interface based on a trigger for the media content display interface, and displaying the reference image and/or the associated information of the target media content in the first region of the image capturing interface, the reference image is determined based on the media content (Kimura: see figs. 7A, 7B and par. [0092], wherein displaying the reference image R in the first region of the image capturing interface comprises: displaying a media content display interface 33, displaying the media content 33 in the media content display interface; displaying the image capturing interface P3 based on a trigger for the media content display interface by the user, and displaying the reference image R and the associated information 33 of the target media content in the first region of the image capturing interface, the reference image is determined based on the media content); or wherein displaying the reference image in the first region of the image capturing interface comprises: displaying the image capturing interface; and displaying the reference image and/or the associated information of the media content in the first region of the image capturing interface in response to a trigger for the image capturing interface, the reference image being determined based on the media content (Kimura: see figs. 7A, 7B and par. [0092], wherein displaying the reference image R in the first region of the image capturing interface P3 comprises: displaying the image capturing interface P3, and displaying the reference image R and the associated information 33 of the media content in the first region of the image capturing interface P3 in response to a trigger of the image capturing interface by the user, the reference image R being determined based on the media content). Regarding claim 6, Kimura in the combination with Lusk discloses the method of claim 4, wherein displaying the assistance information in the image capturing interface comprises: acquiring the assistance information determined based on the media content posted by the user or the associated information input by the user, and displaying the assistance information at an associated position in the image capturing interface, the associated position being a preset position and/or being associated with a type of the assistance information (Kimura: see figs. 3, 4, 11 and pars. [0066], [0069], acquiring the assistance information determined based on the media content posted by the user and displaying the assistance information 33/35 at an associated position in the image capturing interface P3, the associated position being a preset position and being associated with a type of the assistance information). Regarding claim 7, Kimura in the combination with Lusk discloses the method of claim 4, wherein: the assistance information is determined by performing image detection based on the media content posted by the user (One of ordinary skill in the art would understand that the assistance information is determined by performing image detection based on the media content posted by the user). Regarding claim 8, Kimura in the combination with Lusk discloses the method of claim 1, wherein the at least part of the assistance information is generated based on parameter information associated with the reference image, the parameter information being determined based on image information associated with the reference image and/or being obtained based on image detection (Kimura: see fig. 7B, and pars. [0093]-[0095], wherein part of the assistance information is generated based on parameter information 33 associated with the reference image R, the parameter information 33 being determined based on image information associated with the reference image R and being obtained based on image detection), and wherein the parameter information comprises at least one of a target parameter value, a target capturing mode, target imaging information, or a target capturing angle (Kimura: see fig. 7B and pars. [0092], wherein the parameter information comprises a target parameter value such as F number/shutter speed, targe imaging information such as location, date/time, or a target capturing angle 31). Regarding claim 9, Kimura in the combination with Lusk discloses the method of claim 1, wherein displaying the assistance information in the image capturing interface comprises at least one of the following: displaying reference lines in the first region and a second region of the image capturing interface, respectively, wherein the second region is configured to display a preview picture of image capturing within a current capturing range (Kimura: see fig. 7B and par. [0095], displaying reference lines as boundary of reference image R, line 31 in the first region and a second region of the image capturing interface P3, respectively, wherein the second region is configured to display a preview picture within a current capturing range); adjusting a current parameter value of a first capturing parameter of the image capturing interface to a target parameter value corresponding to the reference image, and displaying the adjusted current parameter value in the image capturing interface (Kimura: see par. [0043], adjusting a current parameter value of a first capturing parameter of the image capturing interface to a target parameter value which is similar to the reference image. One ordinary skill in the art would understand that the adjusted current parameter value can be displayed in the image capturing interface); displaying capturing guidance information corresponding to a second capturing parameter of the image capturing interface, wherein the capturing guidance information is configured to guide an adjustment to the second capturing parameter of the image capturing interface (Kimura: see par. [0132], displaying capturing guidance information corresponding to a second capturing parameter of the image capturing interface as a new reference image, wherein the capturing guidance information is configured to guide an adjustment to the second capturing parameter of the image capturing interface). Regarding claim 10, Kimura in the combination with Lusk discloses the method of claim 9, further comprising: the first capturing parameter comprises a zoom ratio (Kimura: see fig. 7B). Regarding claim 11, Kimura in the combination with Lusk discloses the method of claim 10, wherein the second capturing parameter guided by the capturing guidance information is enabled to be preset (One of ordinary skill in the art would understand that the capturing parameter guided by the capturing guidance information is enabled to be preset). Regarding claim 12, Kimura in the combination with Lusk discloses the method of claim 9, wherein displaying the capturing guidance information corresponding to the second capturing parameter of the image capturing interface comprises: displaying capturing mode guidance information in response to the current capturing mode of the image capturing interface being different from a target capturing mode of the reference image, the capturing mode guidance information being configured to guide to switch the current capturing mode to the target capturing mode (One of ordinary skill in the art would understand that capturing mode guidance information can be display of the current capturing mode and being different from the target capturing mode of the reference image, and the capturing mode guidance information being configured to guide to switch the current capturing mode to the target capturing mode). Regarding claim 13, Kimura in the combination with Lusk discloses the method of claim 9, wherein displaying the capturing guidance information corresponding to the second capturing parameter of the image capturing interface comprises: displaying, in a second region of the image capturing interface, a guidance element corresponding to the second capturing parameter of the image capturing interface (Kimura: see figs. 7B and 11 and par. [0132], displaying, in a second region of the image capturing interface P3, a guidance element corresponding to the second capturing parameter of the image capturing interface as considering a new reference image). Regarding claim 14, Kimura in the combination with Lusk discloses the method of claim 13, wherein displaying, in the second region of the image capturing interface, the guidance element corresponding to the second capturing parameter of the image capturing interface comprises: displaying a first guidance element in the second region of the image capturing interface (One of ordinary skill in the art would understand that the guidance element as current imaging information of the object can be displayed); wherein the first guidance element indicates current imaging information of the first capturing object, and the second guidance element indicates target imaging information of a second capturing object in the reference image (One of ordinary skill in the art would understand that current imaging information of the capturing object can be displayed and the second guidance element of the target imaging information of the object in the reference image can be displayed); Regarding claim 15, Kimura in the combination with Lusk discloses the method of claim 14, wherein a display style of the first guidance element in the second region is associated with the current imaging information, and a display style of the second guidance element in the second region is associated with the target imaging information (see the analysis of claim 14), and the display style comprises at least one of a display size, a display position, or a display direction (One of ordinary skill would understand that the display style can be any information of the reference image). Regarding claim 16, Kimura in the combination with Lusk discloses the method of claim 1, further comprising: adjusting, in response to a change in a current capturing mode of the image capturing interface, a display direction of at least part of interface content in the image capturing interface based on the changed current capturing mode, wherein the at least part of the interface content comprises the reference image and/or the assistance information (Kimura: see par. [0080], when the reference image is shot in the longitudinal direction, the actual shooting guide information display control unit 10d displays a thumbnail of the reference image on a preview screen (through-the-lens image) for the actual shooting in the lateral direction, and thus the user is guided to move the digital camera 1 in the lateral direction). Regarding claim 17, Kimura in the combination with Lusk discloses the method of claim 1, further comprising: adding, in response to the reference image display operation, a target parameter value corresponding to the reference image as a candidate parameter value to a set of candidate parameter values of a first capturing parameter (Kimura: see fig. 11 and pars. [0130]-[0132], adding, in response to the reference image display operation, a target parameter value as retrieving reference image based on actual shot image corresponding to the reference image as a candidate parameter value to a set of candidate parameter values of a first capturing parameter); and switching, in response to a parameter value switching operation for the first capturing parameter, a current parameter value of the first capturing parameter based on the set of candidate parameter values (Kimura: see fig. 11 and pars. [0130]-[0132], switching in step S145, in response to a parameter value switching operation for the first capturing parameter, a current parameter value of the first capturing parameter based on the set of candidate parameter values). Regarding claim 18, Kimura in the combination with Lusk discloses the method of claim 17, wherein in accordance with that the current parameter value is the target parameter value and the current parameter value is not the target parameter value, the current parameter value has a different display style in the image capturing interface (One of ordinary skill in the art would understand that when the parameter is changed, the display style in the image capturing interface is different). Regarding claim 19, Kimura discloses an electronic device, comprising: at least one processor (Kimura: an image signal processor, see fig. 2 and par. [0049]); and a memory communicatively connected to the at least one processor (Kimura: a storage unit, see fig. 2 and par. [0098]); wherein the memory stores a computer program executable by the at least one processor, and the computer program is executed by the at least one processor to cause the at least one processor to perform acts comprising: displaying a reference image in a first region of a capturing interface (Kimura: see figs. 7A, 7B and par. [0092], displaying a reference image R in a top right of an image capturing interface P3); displaying assistance information in the image capturing interface, wherein the assistance information is configured to assist capturing based on the reference image (Kimura: see figs. 7A, 7B and par. [0092], displaying assistance information 31 in the image capturing interface P3, wherein the assistance information is configured to assist image capturing based on the reference image R); and capturing an image in response to an image capturing instruction (Kimura: see par. [0095], capturing an image in response to the image capturing instruction as the user sets the shooting parameter). Kimura does not explicitly disclose the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image, and at least a part of the second guidance element is displayed outside the reference image. However, Lusk teaches that the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image (Lusk: see fig. 5 and pars. [0060]-[0061], wherein the assistance information comprises a first guidance element 508 and a second guidance element 510, the first guidance element 508 corresponds to a fist capturing object in a preview picture of image capturing, the second guidance element 510 is obtained based on the reference image as in fig. 4). One would have been modified to include a first guidance element and a second guidance element as taught by Lusk in the apparatus of Kimura to have another way to assist the user to capture the image perfectly. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Lusk with the Kimura’s system to include that the assistance information comprises a first guidance element and a second guidance element, the first guidance element corresponds to a first capturing object in a preview picture of image capturing, the second guidance element is obtained based on the reference image. Kimura in the combination with Lusk teaches that at least a part of the second guidance element is displayed outside the reference image (Kimura: the reference image is located in the top right of interface P3 (see figs. 7A-7B), therefore the second guidance element 510 as seen in Lusk, fig. 5 is displayed outside the refence image). Regarding claim 20, claim 20 recites the similar subject matter as previously discussed in claim 19. In addition, a non-transitory computer readable storage medium can be found in par. [0098] of Kimura. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM. 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, 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. 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. /CHAN T NGUYEN/Patent Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
Read full office action

Prosecution Timeline

Aug 15, 2025
Application Filed
Oct 20, 2025
Non-Final Rejection mailed — §103
Jan 20, 2026
Response Filed
Feb 27, 2026
Final Rejection mailed — §103
Apr 27, 2026
Response after Non-Final Action
May 27, 2026
Request for Continued Examination
Jun 01, 2026
Response after Non-Final Action
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
89%
With Interview (+2.7%)
2y 0m (~11m remaining)
Median Time to Grant
High
PTA Risk
Based on 500 resolved cases by this examiner. Grant probability derived from career allowance rate.

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