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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/973537, filed on 12/9/2020.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/11/2024 and 11/20/2024 were filed after the mailing date of the application on 8/13/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim1 of prior U.S. Patent No. 11,778,323. This is a statutory double patenting rejection.
Application 18/801919
U.S. Patent # 11,778,323
1. A camera accessory that is attachable to and detachable from a camera body, the camera accessory comprising:
a correction optical system that is movable in a direction intersecting an optical axis thereof;
a first communicator that transmits to the camera body both (i) first information recording a position of the correction optical system and (ii) second information that is different from the first information and that is regarding a vibration detected by the camera accessory; and
a second communicator that receives an instruction from the camera body,
wherein the second communicator receives an instruction to start communication of the first communicator.
1. A camera accessory that is attachable to and detachable from a camera body, the camera accessory comprising:
a correction optical system that is movable in a direction intersecting an optical axis thereof;
a first communicator that transmits to the camera body both (i) first information recording a position of the correction optical system and (ii) second information that is different from the first information and that is regarding a vibration detected by the camera accessory; and
a second communicator that receives an instruction from the camera body,
wherein the second communicator receives an instruction to start communication of the first communicator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER K PETERSON whose telephone number is (571)270-1704. The examiner can normally be reached Monday-Friday 7AM-4PM.
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/CHRISTOPHER K PETERSON/Primary Examiner, Art Unit 2637 1/6/2025