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 .
Election/Restrictions
Applicant’s election without traverse of species 1, readable in claims 1-4, 22, and 23 in the reply filed on 9/12/2025 is acknowledged. Applicant further withdraws claim 5-21 from consideration, which are directed towards species 2-11.
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 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 1-4, 22-23 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by SUZUKI (JP-2010226496 A, reference is part of IDS. An English translation is provided herewith, and Examiner is providing citations from the English translations).
Regarding claim 1, Suzuku discloses an imaging apparatus (1, fig. 1, page 5, ¶2) comprising:
an image sensor (108, fig. 1, page 5, ¶3); and
a processor (110+120, fig. 1, page 5, ¶3-4),
wherein the processor is configured to:
detect a focus region within an imaging area based on imaging data obtained by the image sensor (autofocus parts (101, 104, 103, 110 and the like) – abstract; The configuration including the CPU 110 (..particularly, an AF in-focus position detection function 114 described later) is a focus that specifies a part of the first image data that includes the in-focus position from the first image data – page 5, ¶4);
generate moving image data based on the imaging data obtained by the image sensor (As shown in FIG. 2, a live view image LV1 displayed on the TFT liquid crystal panel 144 of the electronic viewfinder in the first embodiment displays a through image 11 obtained by reproducing through image data as a main image – page 9, ¶5);
generate information image data representing information related to the moving image data (sub screen 12, fig. 2, In the example shown in FIG. 2, since the in-focus position AF1 exists in the quarter quadrant A11, the area where the child screen 12 is arranged can be the quarter quadrant A14 – page 9, last ¶);
output the moving image data and the information image data, which is associated with a window region in an image represented by the moving image data (fig. 2, abstract); and
control a position of the window region according to the focus region (composite region setting parts (120, and the like) for setting arrangement of the sub screen 12 so that the arrangement screen does not overlap with the focus region AF1; image compositing parts (120, and the like) for compositing sub screen data to the sub screen 12 – Abstract).
Regarding claim 2, Suzuku discloses the imaging apparatus according to claim 1,
wherein the processor is configured to output the moving image data and the information image data to a display destination (fig. 2, abstract, As shown in FIG. 2, a live view image LV1 displayed on the TFT liquid crystal panel 144 of the electronic viewfinder in the first embodiment displays a through image 11 obtained by reproducing through image data as a main image. In addition, a small screen (second region) 12 is combined with a partial region in the live view image LV1. On this child screen 12, an enlarged image of a region (first region) R1 including a position (focus position AF1) focused by an autofocus (AF) operation at substantially the center is displayed – page 9, 2nd to last ¶).
Regarding claim 3, Suzuku discloses the imaging apparatus according to claim 1,
wherein the processor is configured to
dispose the information image data in the window region and output composite moving image data generated by combining the moving image data and the information image data (abstract, fig. 2, fig. 2, abstract, As shown in FIG. 2, a live view image LV1 displayed on the TFT liquid crystal panel 144 of the electronic viewfinder in the first embodiment displays a through image 11 obtained by reproducing through image data as a main image. In addition, a small screen (second region) 12 is combined with a partial region in the live view image LV1. On this child screen 12, an enlarged image of a region (first region) R1 including a position (focus position AF1) focused by an autofocus (AF) operation at substantially the center is displayed – page 9, 2nd to last ¶).
Regarding claim 4, Suzuku discloses the imaging apparatus according to claim 1,
wherein the processor is configured to set a position of the window region to a region that does not overlap the focus region (figs. 2, 10, abstract, Among these areas, one of the areas not including the focus position AF1 (for example, an area located opposite to the focus position AF1) is specified, and this is set as an area for displaying the child screen 12. As a result, the sub-screen 12 that enlarges and displays the region R1 including the focus position AF1 by autofocus is set so as not to overlap the focus position AF1 or the region R1 including the same. – page 11, ¶1).
5-21 (Withdrawn)
Regarding method claim(s) 22 and CRM claim 23, although wording is different, the material is considered substantively equivalent to the apparatus claim(s) 1 as described above (for CRM claim 23, storage medium is implemented in EEPROM 107, and processor in CPU 120, see page 8, ¶5).
Conclusion
The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – Gupta et al. (20190132520) discloses, In particular, the image management system 102 can attempt to identify the subject(s) of interest to the user within the digital image 404 without any overlap between the saliency map 400 and the focus region 304 (¶0082).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
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 on 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.
/SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638