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 .
DETAILED ACTION
This communication is responsive to the Amendment filed on 5/29/2026.
In the Instant Amendment, Claim(s) 1-20 has/have been amended; Claim(s) 1 and 19-20 is/are independent claims. Claims 1-20 have been examined and are pending in this application.
Response to Arguments
The objection to the specification for the title of the invention not descriptive, the claim interpretation under 35 U.S.C 112(f) and the 101 rejection of claim 20 are withdrawn because of the amendments and the persuasive arguments in the remarks (page 10).
Applicant's arguments filed 5/29/2026 have been fully considered but they are not persuasive.
Regarding claim 1, the Applicant is arguing in the remarks (pages 11-16) that Nakajima/Konayashi fails to teach circuitry configured to: detect a flicker component from the image outputted from the imaging element; correct the flicker component included in the image; and control a flicker detection adaptive setting that facilitates detection of the flicker component in response to a shift from a normal imaging mode to a flicker detection mode and cause a display to display a corrected image in which the flicker component has been corrected, wherein the corrected image indicates a position of at least one flicker region where the flicker component is detected.
The Examiner respectfully disagrees with the Applicant. The Examiner respectfully submits that Nakajima does teach circuitry (Fig. 1) configured to: detect a flicker component from the image outputted from the imaging element (para. 0040); correct the flicker component included in the image (para. 0040); and control a flicker detection adaptive setting that facilitates detection of the flicker component in response to a shift from a normal imaging mode to a flicker detection mode and cause a display to display a corrected image in which the flicker component has been corrected, wherein the corrected image indicates a position of at least one flicker region where the flicker component is detected (Figs. 6-7, 13; paras. 0097-0110, 0153; “a manipulation of pushing one button included in the manipulation unit 18a. While the button is pushed, the parameters of the correction signal CS are automatically optimized. Hereinafter, a mode in which this process is performed is appropriately referred to as one-push flickering correction”; “a feedback loop in which the flickering components included in the image are detected while the button is pushed and the parameters of the correction signal CS are automatically adjusted on the basis of the detection result is formed”; para. 0102: “With the optimization of the parameters of the correction signal CS, striped flickering of the image displayed on the display unit 18b gradually disappears” where striped flickering in the corrected image is being displayed and indicates a position of at least one flicker region where the flicker component detected) as claimed.
Applicant’s arguments with respect to claim(s) 1 regarding Konayashi 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.
Regarding claims 19 and 20, the argument above is also applicable since claims 19 and 20 recite features corresponding to claim 1.
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.
Claim(s) 1-4, 6-12, 14-16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakajima (US 20190268524 A1).
Regarding claim 1, Nakajima teaches An imaging device (Fig. 1) comprising:
an imaging element (12) configured to output an image (Fig. 1);
circuitry (Fig. 1) configured to:
detect a flicker component from the image outputted from the imaging element (para. 0040);
correct the flicker component included in the image (para. 0040); and
control a flicker detection adaptive setting that facilitates detection of the flicker component in response to a shift from a normal imaging mode to a flicker detection mode and cause a display to display a corrected image in which the flicker component has been corrected, wherein the corrected image indicates a position of at least one flicker region where the flicker component is detected (Figs. 6-7, 13; paras. 0097-0110, 0153; “a manipulation of pushing one button included in the manipulation unit 18a. While the button is pushed, the parameters of the correction signal CS are automatically optimized. Hereinafter, a mode in which this process is performed is appropriately referred to as one-push flickering correction”; “a feedback loop in which the flickering components included in the image are detected while the button is pushed and the parameters of the correction signal CS are automatically adjusted on the basis of the detection result is formed”; para. 0102: “With the optimization of the parameters of the correction signal CS, striped flickering of the image displayed on the display unit 18b gradually disappears” where striped flickering in the corrected image is being displayed and indicates a position of at least one flicker region where the flicker component detected).
Regarding claim 2, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to shift to the normal imaging mode that is a normal setting not considering easiness of detection of the flicker component by the flicker detection unit, in response to detection of the flicker component by the flicker detection unit in the flicker detection mode (Fig. 12; paras. 0091-0096).
Regarding claim 3, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to shift to the normal imaging mode that is a normal setting not considering easiness of detection of the flicker component, in response to correction of the flicker component (Fig. 12; paras. 0091-0096).
Regarding claim 4, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to set a number of pixels (all/many pixels) of the image outputted from the imaging element to a number of pixels suitable for detection of the flicker component as the flicker detection adaptive setting (Fig. 6; para. 0040, 0071, 0101).
Regarding claim 6, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to set a shutter speed of the imaging element to a speed suitable for detection of the flicker component as the flicker detection adaptive setting (paras. 0091-0096; a frame rate/reading speed of the CMOS image sensor 12 is set to a speed (for example, 60 fps or 50 fps) at which the flickering components are easily detected; setting the frame rate includes setting a shutter speed to a value higher than a certain speed).
Regarding claim 7, Nakajima teaches the imaging device according to claim 6, wherein the circuitry sets the shutter speed of the imaging element to be higher than a predetermined speed as the flicker detection adaptive setting (paras. 0091-0096).
Regarding claim 8, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to set a readout time of the imaging element to a time suitable for detection of the flicker component as the flicker detection adaptive setting (paras. 0091-0096).
Regarding claim 9, Nakajima teaches the imaging device according to claim 8, wherein the circuitry sets the readout time of the imaging element to be longer than a predetermined time as the flicker detection adaptive setting (paras. 0091-0096).
Regarding claim 10, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to detect each flicker region in which the flicker component is generated in a frame of the image outputted from the imaging element (Figs. 1-3; a flicker region is the whole region).
Regarding claim 11, Nakajima teaches the imaging device according to claim 10, wherein the circuitry is further configured to perform control in a manner such that a flicker occurrence state is displayed for each flicker region (Figs. 1-3, 7; paras. 0071-0072; a screen showing the degree of deviation displayed on the display unit 18b for the whole region).
Regarding claim 12, Nakajima teaches the imaging device according to claim 11, wherein the circuitry controls the display in a manner such that the flicker occurrence state is displayed in a form corresponding to a flicker intensity for each flicker region (Fig. 7; paras. 0071-0072).
Regarding claim 14, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to cause the display to display a flicker adjustment user interface (Fig. 7) in a case where flicker intensity is higher than a threshold (32a or SMALL) (Fig. 7; paras. 0071-0072).
Regarding claim 15, Nakajima teaches the imaging device according to claim 1, wherein the circuitry is further configured to cause the display to display a flicker adjustment user interface in a case of a moving image capturing mode (Fig. 7; paras. 0055, 0071-0072, 0091-0096, 0116).
Regarding claim 16, Nakajima teaches the imaging device according to claim 15, wherein the circuitry causes the display to display the flicker adjustment user interface (Fig. 7) in a case of the moving image capturing mode and in a case where flicker intensity is equal to or lower than a threshold (LARGE, 32a) (Fig. 7; paras. 0055, 0071-0072, 0091-0096, 0116).
Regarding claim 19, claim 19 reciting features corresponding to claim 1 is also rejected for the same reason above.
Regarding claim 20, Nakajima teaches A non-transitory computer-readable storage medium having embodied thereon a program, which when executed by a computer causes the computer to execute a method of controlling an imaging device (paras. 0032, 0159), the method comprising: (corresponding features as presented in claim 1).
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 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) 5, 13 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakajima (US 20190268524 A1) in view of Kobayashi (US 11588985 B2).
Regarding claims 5, 13 and 18, Nakajima teaches everything as claimed in claim 4, but fails to teach
Claim 5: wherein the circuitry sets the number of pixels of the image outputted from the imaging element to be larger than that in the normal imaging mode as the flicker detection adaptive setting.
However, in the same field of endeavor Kobayashi teaches
Claim 4: wherein the circuitry is further configured to sets a number of pixels of the image outputted from the imaging element to a number of pixels suitable for detection of the flicker component as the flicker detection adaptive setting (Figs. 2, 3, 8; col. 5, lines 23- col. 6, line 17; col. 8, lines 28- col. 9, line 47; S107 set to “first actuation control” to read out all pixels as 4k “moving image” for detecting flickers in S108).
Claim 5: the imaging device according to claim 4, wherein the circuitry sets the number of pixels of the image outputted from the imaging element to be larger than that in the normal imaging mode as the flicker detection adaptive setting (Figs. 2, 3, 8; col. 5, lines 23- col. 6, line 17; col. 8, lines 28- col. 9, line 47; 4k “moving image” output in S107 larger than thinning “moving image” output in S101 for flicker detection in S102/S108).
Claim 13: the imaging device according to claim 1, wherein the circuitry is further configured to sets the correction unit to an image correction mode for correcting the flicker component by image processing in a case of a moving image capturing mode (S106, S110 in a moving image mode), and set to a shutter speed correction mode for correcting the flicker using a shutter speed in a case of a still image capturing mode (S104, S110 in a still image live view mode) (Fig. 8; col. 5, lines 23- col. 6, line 17; col. 8, lines 28- col. 9, line 47).
Claim 18: the imaging device according to claim 10, wherein the circuitry is further configured to set a shutter speed to 1/N (N is a positive number) times a flicker frequency of any flicker region in a case where a plurality of flicker regions is generated in the frame (Fig. 8; S104).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Kobayashi in Nakajima to have features of claims 5, 13 and 18 for providing flicker detection and countermeasures against flicker in a still image live view mode or a moving image mode improving performance of the imaging device yielding a predicted result.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakajima (US 20190268524 A1) in view of Kunishige et al (US 20130342726 A1).
Regarding claim 17, Nakajima teaches everything as claimed in claim 14, but fails to teach
wherein the flicker adjustment user interface includes an operation tool configured to roughly adjust and finely adjust a shutter speed.
However, in the same field of endeavor Kunishige teaches
wherein the flicker adjustment user interface includes an operation tool configured to roughly adjust and finely adjust a shutter speed (Fig. 7D, para. 0078: “a warning indicating the presence of flickering is displayed on the live view and the automatic SYNC setting mode becomes to a mode which allows the shutter speed of the flickering cycle to be manually set”; Fig. 6; para. 0133: “The shutter speed is changed with the coarse step or the fine step depending on the difference in the operation methods such as the up/down buttons or the R-dial 315”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Kunishige in Nakajima to have wherein the flicker adjustment user interface includes an operation tool configured to roughly adjust and finely adjust a shutter speed for providing additional shutter speed in the flicker adjustment user interface for enabling more method in the flicker adjustment yielding a predicted result.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
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