Prosecution Insights
Last updated: May 29, 2026
Application No. 18/782,570

IMAGE CAPTURING APPARATUS, METHOD FOR CONTROLLING THE SAME, AND STORAGE MEDIUM

Non-Final OA §103
Filed
Jul 24, 2024
Priority
Feb 25, 2022 — JP 2022-028382 +2 more
Examiner
JERABEK, KELLY L
Art Unit
2699
Tech Center
2600 — Communications
Assignee
Canon Kabushiki Kaisha
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
2y 6m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
852 granted / 1001 resolved
+23.1% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
15 currently pending
Career history
1017
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
69.8%
+29.8% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
3.3%
-36.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1001 resolved cases

Office Action

§103
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 . Specification The new title filed on 12/9/2025 is indicative of the invention to which the claims are directed and therefore the previous objection has been withdrawn. Response to Arguments Applicant’s arguments with respect to claims 1-13 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. 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. Claims 1-4 and 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Miyauchi et al. US 2024/0196116 in view of Okubo 2013/0050538. Re claims 1, 12 and 13, Miyauchi discloses an image capturing apparatus (solid state imaging device 10), a method for controlling an image capturing apparatus (10) and a non-transitory computer readable storage medium storing a program for causing a computer to execute a method for controlling an image capturing apparatus (10) comprising: a pixel portion (20) in which a plurality of pixels are arranged (figure 3; paragraphs 54-63); and at least one processor or circuit configured to function as: a first acquisition unit configured to amplify a first image signal obtained by a single exposure of the pixel portion, with multiple different gains, and acquiring multiple images respectively amplified with the multiple different gains (reading part 70 reads pixels with first and second conversion gains to output multiple image signals with different gains in a single exposure period to achieve increased dynamic range)(paragraph 66). However, although the Miyauchi reference discloses all of the above limitations it fails to disclose a second acquisition unit configured to acquired images for correction that correspond to the multiple different gains; and a correction unit configured to correct the multiple images using the images for correction that correspond to the gains with which the multiple images are respectively amplified. Okubo discloses that it is well known in the image processing art for an image capturing apparatus to include a second acquisition unit configured to acquire images for correction that correspond to the multiple different gains (OB region 14B outputs black level values and offset detection region 14C obtains offset correction amounts); and a correction unit configured to correct the multiple images using the images for correction that correspond to the gains with which the multiple images are respectively amplified (blacklevel correction and offset correction operations are performed on acquired images using the blacklevel and offset correction values) (figures 1-3, 5-7; paragraphs 66-130). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of acquiring images for correction and correcting captured images using the images for correction as disclosed by the Okubo reference in the image capturing apparatus disclosed by the Miyauchi reference. Doing so would provide a means for reducing defects in high dynamic range images generated by an image capturing device. Re claim 2, Okubo further discloses that the second acquisition unit acquires the images for correction corresponding to the multiple different gains, using second image signals, which are image signals obtained without exposing the pixel portion (offset detection region 14C and OB region 14B acquire blacklevel and offset correction values and these values are used to perform blacklevel correction and offset correction operations on acquired images) (figures 1-3, 5-7; paragraphs 66-130). Re claim 3, Okubo further discloses that the first image signal and the second image signals are image signals obtained with the same exposure settings (offset detection region 14C and OB region 14B acquire blacklevel and offset correction values and these values are used to perform blacklevel correction and offset correction operations on acquired images and correction is performed on image signals being overexposed and underexposed and the correction values used correspond to the exposure settings of the acquired images) (figures 1-3, 5-7; paragraphs 66-130). Re claim 4, Okubo further discloses that the second image signals are image signals obtained with the pixel portion shielded from light (OB region 14B acquires blacklevel values and these values are used to perform blacklevel correction operations on acquired images) (figures 1-3, 5-7; paragraphs 66-130). Re claim 6, Okubo further discloses that the second acquisition unit acquires the images for correction corresponding to the multiple different gains by amplifying the second image signals with the multiple different gains (the cyclic default value uses cyclic data in a preceding frame and under control of control circuit 50 the cyclic data of images using a conversion formula is used to perform offset correction on images corresponding to different gains) (figures 1-3, 5-7; paragraphs 66-130). Re claim 7, Okubo further discloses that the second acquisition unit generates at least one of the images for correction corresponding to the multiple different gains, based on another one of the images for correction (the cyclic default value uses cyclic data in a preceding frame and under control of control circuit 50 the cyclic data of images using a conversion formula is used to perform offset correction on images corresponding to different gains) (figures 1-3, 5-7; paragraphs 66-130). Re claim 8, Okubo further discloses that the second acquisition unit calculates the at least one image for correction from the other image for correction, based on a gain ratio of the at least one image for correction to the other image for correction (the cyclic default value uses cyclic data in a preceding frame and under control of control circuit 50 the cyclic data of images using a conversion formula is used to perform offset correction on images corresponding to different gains) (figures 1-3, 5-7; paragraphs 66-130). Re claim 9, Okubo further discloses that the images for correction that correspond to the multiple different gains are images stored in advance (the cyclic default value uses cyclic data in a preceding frame and under control of control circuit 50 the cyclic data of images using a conversion formula is used to perform offset correction on images corresponding to different gains and offset correction amounts may be stored) (figures 1-3, 5-7; paragraphs 66-130). Re claim 10, Okubo further discloses that the at least one processor or circuit is configured to further function as a determination unit configured to determine whether or not to perform correction using the images for correction on the multiple images (system control circuit 50 determines which images to correct based on image values and instructs the image processing circuit 20 to perform cyclic noise compensation) (figures 1-3, 5-7; paragraphs 66-130). Re claim 11, Okubo further discloses that the determination unit determines whether or not to perform correction using the images for correction with respect to each of the multiple images (system control circuit 50 determines which images to correct based on image values and instructs the image processing circuit 20 to perform cyclic noise compensation) (figures 1-3, 5-7; paragraphs 66-130). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Miyauchi et al. US 2024/0196116 in view of Okubo 2013/0050538 and further in view of Sakakibara et al. US 2017/0272678. Re claim 5, the combination of the Miyauchi and Okubo references discloses all of the limitations of claim 2 above. However, although the combination discloses all of the limitations above it fails to specifically disclose that the second image signals are image signals obtained by repeatedly reading signals from a circuit downstream of the pixel portion without performing charge transfer from the pixel portion. However, Sakakibara discloses that it is well known in the image processing art for an image capturing apparatus to include black output pixels that do not shield light with a light shielding film and to output signals without any charge transfer with a control signal TX (figures 63,64; paragraphs 429-434). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include the teaching of including black output pixels that do not shield light and to output signals without any charge transfer as disclosed by the Sakakibara reference in the image capturing apparatus disclosed by the Miyauchi and Okubo references. Doing so would provide a means for performing image processing including image correction using black output pixels without requiring light shielded black pixels. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. US 2023/0113058 discloses an electronic imaging device capable of capturing image data with different conversion gains during a single exposure. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Contacts Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM). If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312. 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 . Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /KELLY L JERABEK/Primary Examiner, Art Unit 2699
Read full office action

Prosecution Timeline

Jul 24, 2024
Application Filed
Oct 31, 2025
Non-Final Rejection mailed — §103
Dec 09, 2025
Response Filed
Feb 25, 2026
Final Rejection mailed — §103
Apr 02, 2026
Response after Non-Final Action
May 11, 2026
Request for Continued Examination
May 12, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
85%
Grant Probability
96%
With Interview (+11.4%)
4y 4m (~2y 6m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1001 resolved cases by this examiner. Grant probability derived from career allowance rate.

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