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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 11,796,898 in view of Goto et al. (U.S. Publication No.: 2019/0129127).
Regarding claims 1 and 12: In addition to claims 1 and 12 disclosed in U.S. Patent No. 11,796,898, Goto discloses a detachable accessory for camera wherein: i) the potential of RDY(L) is set to high level if it is not ready for command data communication and set to low level if it is ready, ([0029]); ii) in Figure 3 at (T3), in response to RDY(B) detecting potential changes from high level to low level, a clock signal is output from CLK(B) to CLK(L), ([0031, 0032]); iii) also in response to RDY(B) detecting potential changes from high level to low level at (T3), and in synchronization with the clock signal in point (ii) above, a data signal is output from DATAB(B) to DATAB(L), ([0033]); iv) when the potential at RDY(B) is at a high level, there is no data signal communication between the accessory and the camera, ([0032]); v) therefore, while the accessory is attached to the camera, in response to a change of a potential from a high level to a low level at (T3) detected at RDY(B), communication with the accessory through DATAB(B) starts in synchronization with CLK(B).
Regarding claims 2-11 and 13-23: Although the claims at issue are not identical, they are not patentably distinct from each other because every limitation of claims 2-11 and 13-23 of the instant application 18/455,868 can be found in claims 2-11 and 13-23, respectively, of the U.S. Patent No. 11,796,898.
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(s) 1, 2, 10-13, 22, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto et al. (U.S. Publication No.: 2019/0129127), and further in view of Okamoto et al. (JP 2017-151161).
Regarding claim 1:
Goto discloses an electronic apparatus (FIG. 1, (2), [0011]) detachably attached to an accessory (FIG. 1, (3), [0011]) via an accessory mount (FIG. 1, (31)/(21), [0012, 0014, 0047]), the electronic apparatus comprising a plurality of contacts (FIG. 2, (22), [0018]) electrically connectable to the accessory via the accessory mount (FIG. 2, connected to (32), [0025]), wherein the plurality of contacts include: a first signal contact used to transmit a data signal in a communication between the electronic apparatus and the accessory (FIG. 2, DATAB(B), [0022]); a second signal contact used to transmit a clock signal in synchronization with the data signal in the communication (FIG. 2, CLK(B), [0022, 0030, 0033]); and a third signal contact (FIG. 2, RDY(B), [0022]) configured to start the communication with the accessory via the first signal contact in response to a change of a potential of the third signal contact in a state where the electronic apparatus is attached to the accessory (i) the potential of RDY(L) is set to high level if it is not ready for command data communication and set to low level if it is ready, ([0029]); ii) in Figure 3 at (T3), in response to the potential at RDY(B) changes from high level to low level, a clock signal is output from CLK(B) to CLK(L), ([0031, 0032]); iii) also in response to the potential at RDY(B) changes from high level to low level at (T3), and in synchronization with the clock signal in point (ii) above, a data signal is output from DATAB(B) to DATAB(L), ([0033]); iv) when the potential at RDY(B) is at high level, there is no data signal communication between the accessory and the camera, ([0032]); v) therefore, while the accessory is attached to the camera, in response to a change of a potential from a high level to a low level at (T3) at RDY(B), communication with the accessory through DATAB(B) starts in synchronization with CLK(B)), wherein the first signal contact and the second signal contact are arranged next to each other, and wherein the third signal contact is disposed on an opposite side than the second signal contact with respect to the first signal contact (FIG. 2, wherein DATAB(B) is disposed between RDY(B) and CLK(B)).
Goto does not specifically disclose an accessory shoe; and the plurality of contacts arranged in a first direction orthogonal to a direction in which the accessory is attached.
Okamoto teaches an accessory shoe (FIGS. 2, 3, (106), [0014]); the plurality of contacts (FIGS. 4a, 4b, (PB1) to (PB24), [0018, 0020]) arranged in a first direction orthogonal to a direction in which the accessory (FIGS. 2, 3, (300a/b/c/d/e), “auxiliary imaging device” (300d), [0009, 0083-0085]) is attached (FIGS. 2, 3); and the plurality of contacts may be arranged in other shapes including a V-shape (FIG. 15a, [0114]) or in a circular arc shape (FIG. 15b, [0114]; “the same applies to the electrical contacts on the camera body side”, [0114]).
Since Okamoto teaches i) an accessory shoe may be utilized to connect an auxiliary imaging device which inherently contains a lens (thus essentially a removable lens unit, Goto discloses a removable lens unit) and ii) the row of contacts of the accessory shoe may be arranged in a line or in a curve (Goto’s contacts are arranged in a curve), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Okamoto’s with the electronic apparatus taught by Goto for the purpose of enabling an additional connector, i.e., an accessory shoe, to connect a variety of accessories to increase and improve the functionality of the camera system.
Regarding claim 2:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1, wherein Goto further discloses that during the communication via the first signal contact (FIG. 3, signal (402) during (T1) to (T2), [0029-0031]), no communication is performed except for the clock signal to the accessory via the second signal contact (signal (401) transmitted from CLK(B) to CLK(L), [0030]) and a signal from the accessory via the third signal contact (FIG. 2, signal (L-level) is transmitted from RDY(L) to RDY(B), [0029, 0030]).
Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design and control the functionalities of the contacts as desired since it is simple programming well known in the art. Applicant has not established the criticalness, and it would be merely a programming/design choice.
Regarding claim 6:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1, wherein Okamoto further discloses a fourth signal contact used to transmit a control signal for controlling a light emission of an illumination unit from the electronic apparatus (FIG. 10, [0078, 0079]).
Goto and Okamoto do not specifically disclose that the fourth signal contact is on an opposite side than the first signal contact with respect to the second signal contact.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Okamoto’s with the electronic apparatus taught by Goto and Okamoto to enable the fourth signal contact to be on an opposite side than the first signal contact with respect to the second signal contact and for the control signal to be transmitted before or after the communication via the first signal contact and the second signal contact since designing and controlling the functionalities of the contacts as desired is simple programming well known in the art. Applicant has not established the criticalness, and it would be merely a programming/design choice.
Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ70.
Regarding claim 10:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1, wherein Goto further discloses: a communication controller configured to control the communication with the accessory (FIG. 2, (24), [0016]).
Regarding claim 11:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1, wherein Goto further discloses: the electronic apparatus is an image pickup apparatus (FIG. 1, (1), [0011]).
Regarding claims 12, 13, 17, 22, and 23:
Claims 12, 13, 17, 22, and 23 are similarly rejected respectively as in claims 1, 2, 6, 10, and 11 above.
Claim(s) 3-5 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto et al. (U.S. Publication No.: 2019/0129127) and Okamoto et al. (JP 2017-151161) as applied to claims 1, 2, 6, 10-13, 17, 22, and 23 above, and further in view of Kamiya et al. (U.S. Publication No.: 2020/0174344).
Regarding claim 3:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1.
Goto and Okamoto do not specifically disclose an open drain communication.
Kamiya teaches an image capturing apparatus and accessories, wherein an open drain communication is executed via a first signal contact and a second signal contact ([0060, 0156-0160, 0173, 0183]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Kamiya’s with the electronic apparatus taught by Goto and Okamoto to enable an open drain communication to be executed via the first signal contact and the second signal contact for the purpose of preventing erroneous detection of mounting of an accessory on an image capturing apparatus while suppressing a decrease in reliability in terms of electrical connection (Kamiya: [0008]).
Regarding claim 4:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1.
Goto and Okamoto do not specifically disclose an open drain communication.
Kamiya teaches an image capturing apparatus and accessories, wherein an open drain communication is executed via a third signal contact ([0060, 0156-0160, 0173, 0183]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Kamiya’s with the electronic apparatus taught by Goto and Okamoto to enable an open drain communication to be executed via the third signal contact for the purpose of preventing erroneous detection of mounting of an accessory on an image capturing apparatus while suppressing a decrease in reliability in terms of electrical connection (Kamiya: [0008]).
Regarding claim 5:
Goto and Okamoto disclose and teach of the electronic apparatus according to claim 1.
Goto and Okamoto do not specifically disclose that the first signal contact and the second signal contact are signal contacts used for an I2C communication.
Kamiya teaches an image capturing apparatus and accessories, wherein the a signal contact and a second signal contact are signal contacts used for an I2C communication.
([0060, 0156-0160, 0173, 0183]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Kamiya’s with the electronic apparatus taught by Goto and Okamoto to enable the first signal contact and the second signal contact to be signal contacts used for an I2C communication for the purpose of preventing erroneous detection of mounting of an accessory on an image capturing apparatus while suppressing a decrease in reliability in terms of electrical connection (Kamiya: [0008]).
Regarding claims 14-16:
Claims 14-16 are similarly rejected respectively as in claims 3-5 above.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto et al. (U.S. Publication No.: 2019/0129127) and Okamoto et al. (JP 2017-151161) as applied to claims 1, 2, 6, 10-13, 17, 22, and 23 above, and further in view of Motoki et al. (U.S. Publication No.: 2015/0244924).
Regarding claim 21:
Goto and Okamoto disclose and teach of the accessory according to claim 12.
Goto and Okamoto do not specifically disclose a connector having a protrusion that protrudes in a direction of attaching to the electronic apparatus and a direction orthogonal to the first direction at a position on both outer sides of the plurality of contacts in the first direction.
Motoki teaches accessory for use with camera, wherein the plurality of contacts (FIG. 5, (Ts1) to (Ts12)) are arranged in a first direction (FIG. 5, X-axis direction) orthogonal to an attachment direction of the accessory to the electronic apparatus (Y-axis direction), wherein the accessory comprises a connector having a protrusion (indicated below) that protrudes in a direction of attaching to the electronic apparatus and a direction orthogonal to the first direction at a position on both outer sides of the plurality of contacts in the first direction (FIG. 5),
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wherein the plurality of contacts include a reference potential contact connected to a reference potential on at least one of both ends (FIGS. 5, 7, (Ts1)/(Ts12)), and wherein the protrusion includes a slope portion on a side not facing the plurality of contacts so that a width in the first direction of a tip in a protruding direction is smaller than that at a position away from the tip (FIG. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the feature of Motoki’s with the accessory taught by Goto and Okamoto for the purpose of providing a camera and an accessory shoe having high safety in communication (Motoki: [0006-0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANG-CHI CHANG whose telephone number is (571)270-5299. The examiner can normally be reached MRF 9am-5pm.
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/FANG-CHI CHANG/Examiner, Art Unit 2852
/STEPHANIE E BLOSS/Supervisory Primary Examiner, Art Unit 2852
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