CTNF 18/782,490 CTNF 73893 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-33 AIA 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. 08-34 AIA Claim s 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-16 of U.S. Patent No. 12,079,461 . Although the claims at issue are not identical, they are not patentably distinct from each other because It would have been obvious to read the broader limitation of the instant application 18/782,490 into the narrower limitation of the U.S. Patent No. 12,079,461 as the broader limitations can encompass more than the narrower limitations and are anticipated. As of claims 1, 15 and 16 of the instant application, they have similar limitations and are anticipatory by claims 1, 15 and of the U.S. Patent No. 12,079,462 . The claims of the instant application and the claims of the reference patent are compared in the table below. Instant Application No. 18/782,490. Claim 1. An information processing apparatus, comprising: one or more processors configured to: control a display device to display a through-the-lens image; control the display device to display a first parameter-setting image; control the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; control, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and control, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. 2. The information processing apparatus according to claim 1, wherein the first parameter-setting image and the second parameter-setting image are a shooting parameter-setting image. 3. The information processing apparatus according to claim 2, wherein the shooting parameter-setting image allows a user to set values for at least one shooting parameter related to imaging. 4. The information processing apparatus according to claim 3, wherein the at least one shooting parameter comprises of a shutter speed parameter, an aperture parameter, an ISO parameter, a brightness parameter, or a contrast parameter. 5. The information processing apparatus according to claim 3, wherein the one or more processors are further configured to control the display device to display a shooting parameter display image, the shooting parameter display image is displayed in a superimposed manner on the through-the-lens image, and the shooting parameter display image displays the set values of the at least one shooting parameter. 6. The information processing apparatus according to claim 1, wherein the one or more processors are further configured to control the display device to display the plurality of parameter-setting images in a superimposed manner on the through-the-lens image. 7. The information processing apparatus according to claim 4, wherein the plurality of parameter-setting images includes a third parameter-setting image, and the third parameter-setting image includes a focus mode display image displayed in a superimposed manner on the through-the-lens image. 8. The information processing apparatus according to claim 1, wherein the one or more processors are further configured to change a type of processing related to imaging based on the input operation on the shooting mode display. 9. The information processing apparatus according to claim 1, wherein the one or more processors are further configured to highlight, on the shooting mode image, a shooting mode selected based on the input operation. 10. The information processing apparatus according to claim 1, wherein the one or more processors are further configured to control display of a plurality of display layers, a first display layer of the plurality of display layers is associated with the first shooting mode and includes the first parameter-setting image, and a second display layer of the plurality of display layers is associated with the second shooting mode and includes the second parameter-setting image. 11. The information processing apparatus according to claim 10, wherein the one or more processors are further configured to control display of a display layer indicator superimposed on the through-the-lens image, and the display layer indicator indicates a display layer, of the plurality of display layers, currently displayed on the display device. 12. The information processing apparatus according to claim 10, wherein the one or more processors are further configured to control the display device to switch the first display layer of the plurality of display layers with the second display layer of the plurality of display layers based on a flick operation on a touch panel. 13. The information processing apparatus according to claim 1, wherein the input operation includes one of a tap movement on a touch panel or a finger movement operation on the touch panel, and the touch panel is on a surface of the display device. 14. The information processing apparatus according to claim 1, wherein the first parameter-setting image and the second parameter-setting image are displayed in one of a transparent manner or a semi-transparent manner on the through-the-lens image. Claim 15. An information processing apparatus, comprising: one or more processors configured to: control a display device to display a through-the-lens image; control the display device to display a first parameter-setting image; control the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; control, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and control, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. 16. A non-transitory computer readable medium having stored thereon, computer-executable instructions, which when executed by a processor of an information processing apparatus, cause the processor to execute operations, the operations comprising : controlling a display device to display a through-the-lens image; controlling the display device to display a first parameter-setting image; controlling the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; controlling, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and controlling, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. US Patent No. 12,079,461. Claim 1. An information processing apparatus, comprising: one or more processors configured to: control a display device to display a through-the-lens image; control the display device to display a first parameter-setting image , wherein the first parameter-setting image is displayed in a superimposed manner on the through-the-lens image; control the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; control, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and control, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. 2 . The information processing apparatus according to claim 1, wherein the first parameter-setting image and the second parameter-setting image are a shooting parameter-setting image. 3 . The information processing apparatus according to claim 2, wherein the shooting parameter-setting image allows a user to set values for at least one shooting parameter related to imaging. 4 . The information processing apparatus according to claim 3, wherein the at least one shooting parameter comprises of a shutter speed parameter, an aperture parameter, an ISO parameter, a brightness parameter, or a contrast parameter. 5 . The information processing apparatus according to claim 3, wherein the one or more processors are further configured to control the display device to display a shooting parameter display image, the shooting parameter display image is displayed in a superimposed manner on the through-the-lens image, and the shooting parameter display image displays the set values of the at least one shooting parameter. 6 . The information processing apparatus according to claim 1, wherein the one or more processors are further configured to control the display device to display a plurality of parameter-setting images in a superimposed manner on the through-the-lens image. 7 . The information processing apparatus according to claim 4, wherein the plurality of parameter-setting images includes a third parameter-setting image, and the third parameter-setting image includes a focus mode display image displayed in a superimposed manner on the through-the-lens image. 8 . The information processing apparatus according to claim 1, wherein the one or more processors are further configured to change a type of processing related to imaging based on the input operation on the shooting mode display. 9 . The information processing apparatus according to claim 1, wherein the one or more processors are further configured to highlight, on the shooting mode image, a shooting mode selected based on the input operation. 10 . The information processing apparatus according to claim 1, wherein the one or more processors are further configured to control display of a plurality of display layers, a first display layer of the plurality of display layers is associated with the first shooting mode and includes the first parameter-setting image, and a second display layer of the plurality of display layers is associated with the second shooting mode and includes the second parameter-setting image. 11 . The information processing apparatus according to claim 10, wherein the one or more processors are further configured to control display of a display layer indicator superimposed on the through-the-lens image, and the display layer indicator indicates a display layer, of a plurality of display layers, currently displayed on the display device. 12 . The information processing apparatus according to claim 10, wherein the one or more processors are further configured to control the display device to switch the first display layer of the plurality of display layers with the second display layer of the plurality of display layers based on a flick operation on a touch panel. 13 . The information processing apparatus according to claim 1, wherein the input operation includes one of a tap movement on a touch panel or a finger movement operation on the touch panel, and the touch panel is on a surface of the display device. 14 . The information processing apparatus according to claim 1, wherein the first parameter-setting image and the second parameter-setting image are displayed in one of a transparent manner or a semi-transparent manner on the through-the-lens image. 15. An information processing method, comprising: controlling a display device to display a through-the-lens image ; controlling the display device to display a first parameter-setting image , wherein the first parameter-setting image is displayed in a superimposed manner on the through-the-lens image; controlling the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes ; controlling, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and controlling, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. 16. A non-transitory computer readable medium having stored thereon, computer-executable instructions, which when executed by a processor of an information processing apparatus, cause the processor to execute operations, the operations comprising: controlling a display device to display a through-the-lens image; controlling the display device to display a first parameter-setting image, wherein the first parameter-setting image is displayed in a superimposed manner on the through-the-lens image; controlling the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; controlling, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and controlling, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of a plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. Claim 1 instance of the application recites all of the limitations of claim 1 patent except “wherein the first parameter-setting image is displayed in a superimposed manner on the through-the-lens image..” Allowable Subject Matter After a thorough search, and in light of the prior art of record, claims 1, 15 and 16 are allowed. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The best prior arts, Watanabe (US Patent Application Publication 2009/0237548) and SEO et al. (US Patent Application Publication No. 2010/0296806) combination fail to disclose or suggest one or more of the features of the independent claims 1, 15 and 16. In summary, Wantanabe discloses displayed as superimposed on a through image the graph relating to the parameters is superimposed on the through image, and displayed on the display unit which corresponding to image and a scenery icon is displayed at a position on the graph corresponding to the aperture value and the shutter speed which are stored as parameters for scenery of the photographic scene. The vertical and horizontal lines intersecting perpendicularly with each other are displayed on the scenery icon. SEO teaches an image-capture characteristic value of each of a first image capture characteristic corresponding to a first axis of the graph and a second image capture characteristic corresponding to a second axis of the graph within a predetermined range of the image-capture characteristic values None of the prior arts of record alone or in any reasonable combination, disclose the claimed invention as recites in the independent claim 1 and similarly recited in independent claims 15 and 16. Specifically, the prior arts fail to teach an information processing apparatus, comprising: one or more processors configured to: control a display device to display a through-the-lens image; control the display device to display a first parameter-setting image; control the display device to display a shooting mode image including a plurality of shooting modes, wherein the shooting mode image is displayed concurrently with the through-the-lens image, and the first parameter-setting image is associated with a first shooting mode of the plurality of shooting modes; control, based on an input operation on the shooting mode image, the display device to switch from the first shooting mode to a second shooting mode of the plurality of shooting modes; and control, based on the input operation on the shooting mode image, the display device to switch the display of the first parameter-setting image with a second parameter-setting image of the plurality of parameter-setting images, wherein the second parameter-setting image is associated with the second shooting mode. The recited limitations, in conjunction with all the features of the independent and dependent claims are not taught nor suggested by the prior arts of record. Claims 2-14 are also allowed as being directly or indirectly dependent of the allowed independent claims. Accordingly, the scope of the invention has been sufficiently narrowed to bring the claims into compliance with novelty and non-obviousness requirement of the Patent Act . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892) . A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAO H NGUYEN whose telephone number is (571)272-4053. The examiner can normally be reached on Mon-Fri 9am-5pm . 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, Kieu Vu can be reached on 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CAO H NGUYEN/Primary Examiner, Art Unit 2171 Application/Control Number: 18/782,490 Page 2 Art Unit: 2171 Application/Control Number: 18/782,490 Page 3 Art Unit: 2171 Application/Control Number: 18/782,490 Page 4 Art Unit: 2171 Application/Control Number: 18/782,490 Page 5 Art Unit: 2171 Application/Control Number: 18/782,490 Page 6 Art Unit: 2171 Application/Control Number: 18/782,490 Page 7 Art Unit: 2171 Application/Control Number: 18/782,490 Page 8 Art Unit: 2171 Application/Control Number: 18/782,490 Page 9 Art Unit: 2171 Application/Control Number: 18/782,490 Page 10 Art Unit: 2171 Application/Control Number: 18/782,490 Page 11 Art Unit: 2171 Application/Control Number: 18/782,490 Page 12 Art Unit: 2171 Application/Control Number: 18/782,490 Page 13 Art Unit: 2171 Application/Control Number: 18/782,490 Page 14 Art Unit: 2171 Application/Control Number: 18/782,490 Page 15 Art Unit: 2171 Application/Control Number: 18/782,490 Page 16 Art Unit: 2171 Application/Control Number: 18/782,490 Page 17 Art Unit: 2171 Application/Control Number: 18/782,490 Page 18 Art Unit: 2171 Application/Control Number: 18/782,490 Page 19 Art Unit: 2171 Application/Control Number: 18/782,490 Page 20 Art Unit: 2171 Application/Control Number: 18/782,490 Page 21 Art Unit: 2171 Application/Control Number: 18/782,490 Page 22 Art Unit: 2171 Application/Control Number: 18/782,490 Page 23 Art Unit: 2171 Application/Control Number: 18/782,490 Page 24 Art Unit: 2171
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