I understand it's not patenting facial recognition in general, just in the specific case of using facial rec or other techniques (which the lawyers called transfer criteria/subject identification) to identify subjects of images before filtering by subject and transferring them wirelessly.
I stand by the meaning of the simile though. There's nothing original enough to be patentable in that claim.
A specific method for doing facial recognition should be patentable. "Use facial rec to identify individuals in images, then filter for specific individuals, then transfer those images" should not. If we allow patents on use cases, every use case will be patented and eventually the trolls will have a collection of patents that together cover the very idea of recognizing faces.
I do agree that the patent is too unclear and broad, and that everything described must have been already known by 2008.
Which would make the patent even more laughable. "Wirelessly transfer all images I've tagged with 'Vacation 2017'" is patentable?
The patent system is so broken. It's as if drug companies, instead of patenting a specific treatment for cancer, were able to patent "treating cancer".