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 .
Foreign 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 06/18/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
3.) Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a storage unit”, “a control unit”, “a hardware operation element”, “a display unit”, in claims 1-19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitations “a storage unit”, “a control unit”, “a hardware operation element”, “a display unit”, has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “a storage unit”, “a control unit”, “a hardware operation element”, “a display unit”, coupled with functional language “configured to store zoom setting”, “configured to perform”, “that is operation-configurable”, “indicating a zoom variation”, without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-19 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
The “storage unit” appears to be implemented by a built in memory (Paragraph 0084 of the publication to the instant application). The “hardware operation element” appears to be implemented by buttons (Paragraphs 0246-0247 of the publication to the instant application). The “display unit” appears to be implemented by a display device such as a liquid crystal display (LCD) or an organic electro-luminescence (EL) display disposed in the display panel (Paragraph 0085 of the publication to the instant application). Support for the structure that performs the functions of “a control unit” is shown implemented by a processor and a memory that stores a program which is used by the processor to execute the claimed functions along with the algorithm shown in Figures 8-10, 20, 25-26, 28, 31-34 and their corresponding descriptions in the specification (Paragraphs 0097, 0102-0103, 0481-0484; Figures 8-10, 20, 25-26, 28, 31-34 of the publication to the instant application).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
(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.
4.) Claim(s) 1-10, 13-16 and 19-20 is/are rejected under 35 U.S.C. 102 (a1) (a2) as being anticipated by Sato et al. (US Pub No.: 2020/0084390A1).
With regard to Claim 1, Sato et al. disclose an imaging device (Electronic apparatus/digital camera 100, Abstract; Paragraph 0037; Figures 1A-1C) comprising:
a storage unit (System memory 52, Paragraph 0047) configured to store zoom setting information that is set by an operation and includes at least one of a zoom time, a zoom speed, or a target zoom magnification (The digital camera 100 according to the present exemplary embodiment makes it possible to selectively use various zooming speeds with sufficient operability in zooming operations performed by operating the zoom key 104. In the digital camera 100, any one of at least fixed-speed zoom, variable-speed zoom, and user-setting zoom can be selected and set as a zooming type in response to an operation on the zoom key 104, Paragraph 0055. When the first operation portion 105a is pressed (when pressed in the clockwise direction around the fulcrum of the zoom key 104), the system control unit 50 acquires a numerical value from 1 to 127 indicating that a zooming operation is being performed toward the telephoto side. When the second operation portion 105b is pressed (when pressed in the counterclockwise direction around the fulcrum of the zoom key 104), the system control unit 50 acquires a numerical value −1 to −127 indicating that a zooming operation is being performed toward the wide-angle side (minimum-object-distance side), Paragraph 0056. The menu screen is superimposed on the recording standby screen in which a recordable time 401a, a recording state 401b, and a recordable time 401c are superimposed on a LV image 400. The menu item 403 (“grip zooming speed”) is an item for setting what zooming speed assignment pattern is to be used to perform a zoom drive when the zoom key 104 is operated. Settable options include “USER” (user setting or user customization) speed zoom, variable-speed zoom, and fixed-speed zoom. The “USER” (user setting or user customization) speed zoom is a zooming speed type with which a zoom drive is performed at the zooming speed set by the user for each depression amount (push-down amount, push-down degree, pressure, or depression amount) of the zoom key 104 or a preset zooming speed, Paragraph 0067); and
a control unit configured to perform, on a basis of a first operation acting as a trigger for starting zoom variation that causes a zoom magnification to change to a wide-end side or a tele-end side, the zoom variation reflecting the zoom setting information (As mentioned above, when the first operation portion 105a is pressed (when pressed in the clockwise direction around the fulcrum of the zoom key 104), the system control unit 50 acquires a numerical value from 1 to 127 indicating that a zooming operation is being performed toward the telephoto side. When the second operation portion 105b is pressed (when pressed in the counterclockwise direction around the fulcrum of the zoom key 104), the system control unit 50 acquires a numerical value −1 to −127 indicating that a zooming operation is being performed toward the wide-angle side (minimum-object-distance side), Paragraphs 0055-0058. The menu screen is superimposed on the recording standby screen in which a recordable time 401a, a recording state 401b, and a recordable time 401c are superimposed on a LV image 400. The menu item 403 (“grip zooming speed”) is an item for setting what zooming speed assignment pattern is to be used to perform a zoom drive when the zoom key 104 is operated. Settable options include “USER” (user setting or user customization) speed zoom, variable-speed zoom, and fixed-speed zoom. The “USER” (user setting or user customization) speed zoom is a zooming speed type with which a zoom drive is performed at the zooming speed set by the user for each depression amount (push-down amount, push-down degree, pressure, or depression amount) of the zoom key 104 or a preset zooming speed, Paragraphs 0067- 0068).
In regard to Claim 2, Sato et al. disclose the imaging device according to claim 1, wherein the zoom setting information includes the zoom time and the zoom speed, the zoom time indicates a maximum duration during which the zoom variation is performed (maximum zoom-drivable speed), and the control unit performs control to start the zoom variation at the zoom speed on a basis of the first operation (In step S312, the system control unit 50 determines whether a zooming speed type change instruction is issued. As described above, the zooming speed type can be selected by selecting the menu item 403. More specifically, the zooming speed type can be changed by pressing the right or left key (hereinafter, collectively referred to as a right-and-left key) included in the operation unit 70 in a state where the selection cursor is positioned at the menu item 403. When the zooming speed type change instruction is issued (YES in step S312), the processing proceeds to step S313, Paragraphs 0068-0069, 0074-0075. The user setting confirmation screen enables the user to confirm the relation between the depression degree of the zoom key 104 and the zooming speed, Figures 4A-6E; Paragraphs 0075-0077. n the preset pattern illustrated in FIG. 4C-1 (preset pattern 1), zooming speeds “1, 5, 9, 13, 16”, respectively are assigned to the depression levels 1 to 5. In this preset pattern, the depression levels −1 to −5 perform zooming at the same zooming speed as the depression levels 1 to 5, respectively, in the opposite direction. The minimum value of the depression level (depression level 1) is assigned a minimum zoom-drivable speed (1), and the maximum value of the depression level (depression level 5) is assigned a maximum zoom-drivable speed (16), Paragraphs 0084-0085; Figures 4A-6E. The timing for changing the zooming speed of the depression level 3 according to the depression level 4 may be associated with an operation for increasing and decreasing the zooming speed of the depression level 4. However, it is more preferable to change the zooming speed of the depression level 3 at the timing when the zooming speed of the depression level 4 is assumed to have been applied. For example, the following processing may be performed at the timing when the cursor moves from the depression level 4 to another position in response to a right-and-left key operation, Paragraphs 0121-0122).
Regarding Claim 3, Sato et al. disclose the imaging device according to claim 2, wherein the control unit performs control to perform the zoom variation at the zoom speed within a range not exceeding the zoom time (The timing for changing the zooming speed of the depression level 3 according to the depression level 4 may be associated with an operation for increasing and decreasing the zooming speed of the depression level 4. However, it is more preferable to change the zooming speed of the depression level 3 at the timing when the zooming speed of the depression level 4 is assumed to have been applied. For example, the following processing may be performed at the timing when the cursor moves from the depression level 4 to another position in response to a right-and-left key operation, Paragraphs 0121-0122).
With regard to Claim 4, Sato et al. disclose the imaging device according to claim 1, wherein the zoom setting information includes the zoom time, the zoom time indicates a duration during which the zoom variation is performed, and the control unit obtains the zoom speed from a zoom variation distance (telephoto vs wide-angle) and the zoom time and performs control to start the zoom variation at the zoom speed that has been obtained on a basis of the first operation (The zooming speed bar display area 410 including the speed bars corresponding to the wide-angle side and the speed bars corresponding to the telephoto side is displayed. Dotted-line frames indicating the zooming speed bar display area 410 are drawn for convenience' sake, and are not actually displayed. The numerical areas of the zooming speeds corresponding to the respective depression levels are displayed only on the telephoto side (only the numerical areas corresponding to the depression levels 1 to 5 are displayed), Paragraphs 0103-0115. The timing for changing the zooming speed of the depression level 3 according to the depression level 4 may be associated with an operation for increasing and decreasing the zooming speed of the depression level 4. However, it is more preferable to change the zooming speed of the depression level 3 at the timing when the zooming speed of the depression level 4 is assumed to have been applied. For example, the following processing may be performed at the timing when the cursor moves from the depression level 4 to another position in response to a right-and-left key operation. When the zooming speed assigned to the depression level 4 is lower than the zooming speed assigned to the depression level 3, the system control unit 50 changes the zooming speed of the depression level 3 to a zooming speed that is the same as the zooming speed assigned to the depression level 4, Paragraph 0122).
Regarding Claim 5, Sato et al. disclose the imaging device according to claim 4, wherein the control unit obtains the zoom speed using a distance corresponding to a zoom magnification difference between a current zoom position to a zoom end as the zoom variation distance on a basis of the first operation (The timing for changing the zooming speed of the depression level 3 according to the depression level 4 may be associated with an operation for increasing and decreasing the zooming speed of the depression level 4. However, it is more preferable to change the zooming speed of the depression level 3 at the timing when the zooming speed of the depression level 4 is assumed to have been applied. For example, the following processing may be performed at the timing when the cursor moves from the depression level 4 to another position in response to a right-and-left key operation. When the zooming speed assigned to the depression level 4 is lower than the zooming speed assigned to the depression level 3, the system control unit 50 changes the zooming speed of the depression level 3 to a zooming speed that is the same as the zooming speed assigned to the depression level 4, Paragraph 0122).
In regard to Claim 6, Sato et al. disclose the imaging device according to claim 1, wherein the control unit performs control to cause a display unit to display an operation element configured to specify a wide side or a tele side and sets a wide-side operation or a tele-side operation via the operation element as the first operation (The user operates the zoom key 104 through push-down operations. The digital camera 100 is assigned a zooming speed (function) according to the push-down amount (operation amount, depression amount) when the zoom key 104 is pressed from a reference position. The zoom key 104 has a first operation portion 105a and a second operation portion 105b. The first operation portion 105a is a portion operated to issue an instruction for zooming in the telephoto direction (telephoto side). The second operation portion 105b is a portion operated to issue an instruction for zooming in the wide-angle direction (wide-angle side). When the user presses the first operation portion 105a, the digital camera 100 zooms in at a zooming speed assigned to the depression amount. On the other hand, when the user presses the second operation portion 105b, the digital camera 100 zooms out at a zooming speed assigned to the depression amount, Paragraph 0038; Figure 1C. FIGS. 6A and 6B illustrate an example where the depression levels 1 to 5 are assigned zooming speeds “2, 4, 6, 12, 16”, respectively. Under the above-described assignment situation, pressing the zoom key 104 with the depression amount corresponding to the depression level 2 toward the telephoto side (pressing the first operation portion 105a) results in the display illustrated in FIG. 6A, Paragraph 0098. When the zoom key 104 is pressed with the depression amount corresponding to the depression level −5 toward the wide-angle side (when the second operation portion 105b is pressed), speed bars are displayed as illustrated in FIG. 6B. The index 420 is displayed inside the speed bar 425 corresponding to the depression level −5, to the right of the center of the speed bar 425. This means that the current depression amount is a weak-side amount in the depression level −5 (weaker than the central value in the depression level −5), Paragraph 0099).
With regard to Claim 7, Sato et al. disclose the imaging device according to claim 1, further comprising a hardware operation element (zoom key 104) that is operation-configurable, wherein in a case where a wide-side auto zoom operation or a tele-side auto zoom operation is assigned to the hardware operation element, the control unit sets the hardware operation element as the first operation of specifying either the wide side or the tele side (The user operates the zoom key 104 through push-down operations. The digital camera 100 is assigned a zooming speed (function) according to the push-down amount (operation amount, depression amount) when the zoom key 104 is pressed from a reference position. The zoom key 104 has a first operation portion 105a and a second operation portion 105b. The first operation portion 105a is a portion operated to issue an instruction for zooming in the telephoto direction (telephoto side). The second operation portion 105b is a portion operated to issue an instruction for zooming in the wide-angle direction (wide-angle side). When the user presses the first operation portion 105a, the digital camera 100 zooms in at a zooming speed assigned to the depression amount. On the other hand, when the user presses the second operation portion 105b, the digital camera 100 zooms out at a zooming speed assigned to the depression amount, Paragraph 0038; Figure 1C. FIGS. 6A and 6B illustrate an example where the depression levels 1 to 5 are assigned zooming speeds “2, 4, 6, 12, 16”, respectively. Under the above-described assignment situation, pressing the zoom key 104 with the depression amount corresponding to the depression level 2 toward the telephoto side (pressing the first operation portion 105a) results in the display illustrated in FIG. 6A, Paragraph 0098. When the zoom key 104 is pressed with the depression amount corresponding to the depression level −5 toward the wide-angle side (when the second operation portion 105b is pressed), speed bars are displayed as illustrated in FIG. 6B. The index 420 is displayed inside the speed bar 425 corresponding to the depression level −5, to the right of the center of the speed bar 425. This means that the current depression amount is a weak-side amount in the depression level −5 (weaker than the central value in the depression level −5), Paragraph 0099).
Regarding Claim 8, Sato et al. disclose the imaging device according to claim 1, wherein, in a case where the zoom variation based on the first operation is performed, the control unit performs control to perform a display indicating a planned angle of view at the end of the zoom variation (The first operation portion 105a is a portion operated to issue an instruction for zooming in the telephoto direction (telephoto side). The second operation portion 105b is a portion operated to issue an instruction for zooming in the wide-angle direction (wide-angle side). A zoom bar 408 indicating the current zoom position is displayed in response to the start of the operation of the zoom key 104 and undisplayed when a predetermined period has elapsed after the operation ends. Referring to the zoom bar 408, the left end corresponds to the wide-angle end, and the right end thereof corresponds to the telephoto end. The position of the longwise index indicates the current zoom position. When the user performs optical zoom by operating the zoom key 104, the position of the index moves according to the zoom position, Paragraphs 0038, 0056, 0074).
In regard to Claim 9, Sato et al. disclose the imaging device according to claim 1, wherein the control unit performs control to perform a display indicating a zoom variation status during a period where the zoom variation based on the first operation is in progress (A zoom bar 408 indicating the current zoom position is displayed in response to the start of the operation of the zoom key 104 and undisplayed when a predetermined period has elapsed after the operation ends. Referring to the zoom bar 408, the left end corresponds to the wide-angle end, and the right end thereof corresponds to the telephoto end. The position of the longwise index indicates the current zoom position. When the user performs optical zoom by operating the zoom key 104, the position of the index moves according to the zoom position, Paragraph 0075. FIGS. 6A to 6E illustrate transitions of a depression amount index for the zoom key 104 and speed bars displayed in response to the depression of the zoom key 104. FIGS. 6A to 6E illustrate only the portions of the zooming speed bar display area 410 and the zooming speed numerical value display area 430 illustrated in FIGS. 4A to 4E-2. Referring to FIGS. 6A to 6E, the LV image is omitted. An icon 416 is a guide which indicates that speed bars 411 to 415 and numerical areas 431 to 435 on the right-hand side correspond to an operation toward the telephoto side. An icon 426 is a guide which indicates that speed bars 421 to 425 and numerical areas 441 to 445 on the left-hand side correspond to an operation toward the wide-angle side. The speed bars 411 to 415 correspond to the depression levels 1 to 5, respectively, toward the telephoto side. The speed bars 421 to 425 correspond to the depression levels −1 to −5, respectively, toward the wide-angle side. The numerical areas 431 to 435 correspond to the depression levels 1 to 5, respectively, toward the telephoto side. The numerical areas 441 to 445 correspond to the depression levels −1 to −5, respectively, toward the wide-angle side. An index 420 indicates the depression amount of the zoom key 104 when pressed at a horizontal position in finer units than the depression levels, Paragraph 0097).
Regarding Claim 10, Sato et al. disclose the imaging device according to claim 1, wherein the control unit performs to control to, during a period where the zoom variation based on the first operation is in progress, display indicating that the zoom variation is in progress (FIGS. 6A to 6E illustrate transitions of a depression amount index for the zoom key 104 and speed bars displayed in response to the depression of the zoom key 104. FIGS. 6A to 6E illustrate only the portions of the zooming speed bar display area 410 and the zooming speed numerical value display area 430 illustrated in FIGS. 4A to 4E-2. Referring to FIGS. 6A to 6E, the LV image is omitted. An icon 416 is a guide which indicates that speed bars 411 to 415 and numerical areas 431 to 435 on the right-hand side correspond to an operation toward the telephoto side. An icon 426 is a guide which indicates that speed bars 421 to 425 and numerical areas 441 to 445 on the left-hand side correspond to an operation toward the wide-angle side. The speed bars 411 to 415 correspond to the depression levels 1 to 5, respectively, toward the telephoto side. The speed bars 421 to 425 correspond to the depression levels −1 to −5, respectively, toward the wide-angle side. The numerical areas 431 to 435 correspond to the depression levels 1 to 5, respectively, toward the telephoto side. The numerical areas 441 to 445 correspond to the depression levels −1 to −5, respectively, toward the wide-angle side. An index 420 indicates the depression amount of the zoom key 104 when pressed at a horizontal position in finer units than the depression levels, Paragraph 0097).
With regard to Claim 13, Sato et al. disclose the imaging device according to claim 1, wherein the zoom setting information includes a setting indicating that a plurality of the zoom magnifications is set effective, and the control unit performs control to perform a zoom movement action to transition to another zoom magnification set effective on a basis of a second operation of instructing switching among the zoom magnifications set effective (The system control unit 50 controls the zoom control unit 201 to perform a zoom drive at the zooming speed V(N). When the depression level N corresponding to the detected depression amount is positive, the zooming direction is the telephoto side (zoom-in). On the other hand, when the depression level N is negative, the zooming direction is the wide-angle side (zoom-out). In addition, even if an operation of the zoom key 104 toward the telephoto side is detected after the zoom position has reached the telephoto end, the system control unit 50 does not perform a zoom drive. If the telephoto end is reached during a zoom drive corresponding to an operation of the zoom key 104 toward the telephoto side, the system control unit 50 stops zooming. In addition, even if an operation of the zoom key 104 toward the wide-angle side is detected after the zoom position has reached the wide-angle end, the system control unit 50 does not perform a zoom drive. If the wide-angle end is reached during a zoom drive corresponding to an operation of the zoom key 104 toward the wide-angle side, the system control unit 50 stops zooming, Paragraph 0106).
In regard to Claim 14, Sato et al. disclose the imaging device according to claim 13, wherein the control unit causes a display unit to display a magnification operation element associated with each of the plurality of zoom magnifications set effective (see zoom bar 408), and sets an operation of the magnification operation element as the second operation (On the other hand, when the user presses the second operation portion 105b, the digital camera 100 zooms out at a zooming speed assigned to the depression amount. The zoom key 104 is configured to return to the reference position (initial position) when the user cancels the depression of the first operation portion 105a or the second operation portion 105b, Paragraph 0038. A zoom bar 408 indicating the current zoom position is displayed in response to the start of the operation of the zoom key 104 and undisplayed when a predetermined period has elapsed after the operation ends. Referring to the zoom bar 408, the left end corresponds to the wide-angle end, and the right end thereof corresponds to the telephoto end. The position of the longwise index indicates the current zoom position. When the user performs optical zoom by operating the zoom key 104, the position of the index moves according to the zoom position, Paragraph 0074).
Regarding Claim 15, Sato et al. disclose the imaging device according to claim 13, wherein the control unit causes a display unit to display a switching operation element configured to instruct the switching among the plurality of zoom magnifications set effective, and sets an operation of the switching operation element as the second operation (The zoom lens changes the zooming magnification by changing the focal length and is controlled by a zoom control unit 201, Paragraph 0040. A zoom key 104, a seesaw-shaped operation member, included in the operation unit 70 is operated by being pressed. The system control unit 50 detects the push-down amount of the first operation portion 105a or the second operation portion 105b of the zoom key 104 and controls the zoom control unit 201 to change the position of the imaging lens 102 to achieve the zooming speed assigned to the push-down amount. According to the present exemplary embodiment, the larger push-down amount of the zoom key 104 produces a larger voltage variation. Therefore, the system control unit 50 detects the push-down amount by detecting the voltage output by the zoom key 104, Paragraph 0051).
In regard to Claim 16, Sato et al. disclose the imaging device according to claim 1, wherein the control unit performs control to cause a display unit to display, as touch-enabled icons, a setting icon indicating a setting state and capable of performing a setting change operation, and an operation icon configured to instruct the imaging device to operate (see icons shown in display screen) (The operation unit 70 also includes assignment buttons 1 (1001), 2 (1002), 3 (1003), and 4 (1004) which can be assigned functions through menu setting. For example, when the menu button is pressed, a menu screen in which various settings can be made is displayed on the display unit 28. The user can intuitively make various settings by using the menu screen displayed on the display unit 28, the cross key, and the SET button, Paragraph 0048; Figures 4A-4E. FIG. 4A illustrates a display example of a portion including a menu item 403 for setting the zooming speed type and a menu item 404 for selecting the user setting number for zooming speed customization out of menus related to camera settings. The menu screen is superimposed on the recording standby screen in which a recordable time 401a, a recording state 401b, and a recordable time 401c are superimposed on a LV image 400. The menu item 403 (“grip zooming speed”) is an item for setting what zooming speed assignment pattern is to be used to perform a zoom drive when the zoom key 104 is operated. Settable options include “USER” (user setting or user customization) speed zoom, variable-speed zoom, and fixed-speed zoom, Paragraph 0067. An icon 416 is a guide which indicates that speed bars 411 to 415 and numerical areas 431 to 435 on the right-hand side correspond to an operation toward the telephoto side. An icon 426 is a guide which indicates that speed bars 421 to 425 and numerical areas 441 to 445 on the left-hand side correspond to an operation toward the wide-angle side, Paragraph 0097).
With regard to Claim 19, Sato et al. disclose the imaging device according to claim 16, wherein the operation icon includes an icon acting as an operation element of the first operation or an icon acting as an operation element configured to call the icon acting as the operation element of the first operation (The operation unit 70 also includes assignment buttons 1 (1001), 2 (1002), 3 (1003), and 4 (1004) which can be assigned functions through menu setting. For example, when the menu button is pressed, a menu screen in which various settings can be made is displayed on the display unit 28. The user can intuitively make various settings by using the menu screen displayed on the display unit 28, the cross key, and the SET button, Paragraph 0048; Figures 4A-4E. FIG. 4A illustrates a display example of a portion including a menu item 403 for setting the zooming speed type and a menu item 404 for selecting the user setting number for zooming speed customization out of menus related to camera settings. The menu screen is superimposed on the recording standby screen in which a recordable time 401a, a recording state 401b, and a recordable time 401c are superimposed on a LV image 400. The menu item 403 (“grip zooming speed”) is an item for setting what zooming speed assignment pattern is to be used to perform a zoom drive when the zoom key 104 is operated. Settable options include “USER” (user setting or user customization) speed zoom, variable-speed zoom, and fixed-speed zoom, Paragraph 0067. An icon 416 is a guide which indicates that speed bars 411 to 415 and numerical areas 431 to 435 on the right-hand side correspond to an operation toward the telephoto side. An icon 426 is a guide which indicates that speed bars 421 to 425 and numerical areas 441 to 445 on the left-hand side correspond to an operation toward the wide-angle side, Paragraph 0097).
Method Claim 20 corresponds to device claim 1 and is rejected as discussed in the above rejection to device claim 1.
5.) Allowable Subject Matter
Claims 11-12 and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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