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 .
Election/Restrictions
Applicant’s election without traverse of species I, corresponding to figures 1-4 and claims 1-5, 7, 14, 16-17 and 20-21 in the reply filed on 12/17/2025 is acknowledged.
Claims 6, 8-13, 15 and 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/17/2025.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 9/4/2024 and 9/10/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
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 limitations are: “shake detection unit” in claims 1 and 14, “actuation unit” in claims 1-3 and 14, “setting unit” in claims 4-5, “alignment unit” in claim 7 and “synthesis unit” in claim 7.
Because this/these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations 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 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.
Claims 1-5, 7, 14, 16-17 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchiya US 2017/0064201.
Re claim 1, Tsuchiya discloses an image capturing apparatus (1) comprising: an image sensor (3) that photoelectrically converts light incident via an imaging optical system (4) and outputs an image (figures 1-2; paragraph 35); a shake detection unit (6) that detects shake of the image capturing apparatus (translational and rotational movement are detected by attitude detection portion 6)(figures 1-2; paragraphs 41, 53-55); and an actuation unit (5) that performs translational actuation and rotational actuation on the image sensor (3) in a plane perpendicular to an optical axis of the imaging optical system (4) so as to correct the shake detected by the shake detection unit (6) (image stabilization portion 5 is provided with motors capable of moving in translational and rotational directions in order to correct movement detected by attitude detection portion 6)(figures 1-4; paragraphs 46-64), wherein, in a case where each of a plurality of images output from the image sensor (3) is aligned by translational actuation by an integer multiple of pixel and the plurality of aligned images are synthesized, the actuation unit (5) performs the rotational actuation in preference to the translational actuation (blur correction in a rolling direction is continuously performed in the interval from an exposure start time T2 to an exposure completion time T7 of a series of captured images and rotational actuation is performed in preference to translational actuation)(paragraphs 112-114, 140-142).
Re claim 2, Tsuchiya further discloses that in a case where the plurality of images are synthesized, the actuation unit sets an upper limit value of the rotational actuation higher than an upper limit value of the translational actuation (blur correction in a rolling direction is continuously performed in the interval from an exposure start time T2 to an exposure completion time T7 of a series of captured images and rotational actuation is performed in preference to translational actuation)(paragraphs 112-114, 140-142).
Re claim 3, Tsuchiya further discloses that wherein the actuation unit sets an upper limit value of the rotational actuation higher in a case where the plurality of images are synthesized than in a case where the synthesis is not performed (image stabilization control including rotational actuation is performed once a second release input starting composite image capture is initiated)(figures 9,10; paragraphs 87-102).
Re claim 4, Tsuchiya further discloses a setting unit that sets whether or not to synthesize the plurality of images, wherein the setting unit sets to synthesize the plurality of images in a case where a user instructs to synthesize images or in a case where a shutter speed is slower than a threshold in a still image shooting mode (release switch 8b is pushed down with a large force/full push in order to initiate a composite image data acquisition action and composite image data is not captured if release switch 8b is not pushed down with a large force) (figures 9,10; paragraphs 87-102).
Re claim 5, Tsuchiya further discloses a setting unit that sets whether or not to synthesize the plurality of images, wherein the setting unit sets not to synthesize images in a case where a user does not instruct to synthesize images, in a case where a shutter speed is faster than a threshold in a still image shooting mode, or in a case where the image shooting mode is a moving image shooting mode (release switch 8b is pushed down with a large force/full push in order to initiate a composite image data acquisition action and composite image data is not captured if release switch 8b is not pushed down with a large force) (figures 9,10; paragraphs 87-102).
Re claim 7, Tsuchiya further discloses an alignment unit that performs aligning the plurality of images output from the image sensor in a case where the plurality of images are synthesized; and a synthesis unit that synthesizes the plurality of images aligned by the alignment unit (at a time of generating composite image data from a group of continuously picked up images combination is executed by a positioning process for causing images to translationally move along the horizontal and vertical axes)(paragraphs 112-114, 140-142).
Re claim 14, Tsuchiya discloses an image capturing apparatus (1) comprising: an image sensor (3) that photoelectrically converts light incident via an imaging optical system (4) and outputs an image (figures 1-2; paragraph 35); a shake detection unit (6) that detects shake of the image capturing apparatus (translational and rotational movement are detected by attitude detection portion 6)(figures 1-2; paragraphs 41, 53-55); and an actuation unit (5) that performs translational actuation and rotational actuation on the image sensor (3) in a plane perpendicular to an optical axis of the imaging optical system (4) so as to correct the shake detected by the shake detection unit (6) (image stabilization portion 5 is provided with motors capable of moving in translational and rotational directions in order to correct movement detected by attitude detection portion 6)(figures 1-4; paragraphs 46-64), wherein the actuation unit (5) sets an upper limit value of the rotational actuation higher in a case where the plurality of images are synthesized than in a case where the synthesis is not performed (image stabilization control including rotational actuation is performed once a second release input starting composite image capture is initiated)(figures 9,10; paragraphs 87-102).
Re claim 16, claim 16 discloses a control method of an image capturing apparatus and includes limitations nearly identical to the limitations disclosed in claim 1 above and therefore the rejection provided above regarding claim 1 is also applicable to claim 16.
Re claim 17, claim 17 discloses a control method of an image capturing apparatus and includes limitations nearly identical to the limitations disclosed in claim 14 above and therefore the rejection provided above regarding claim 14 is also applicable to claim 17.
Re claim 20, claim 20 discloses a non-transitory computer-readable storage medium storing a program that is executable by the computer including program code for causing a computer to execute each step of a method of controlling an image capturing apparatus and includes limitations nearly identical to the limitations disclosed in claim 1 above and therefore the rejection provided above regarding claim 1 is also applicable to claim 20.
Re claim 21, claim 21 discloses a non-transitory computer-readable storage medium storing a program that is executable by the computer including program code for causing a computer to execute each step of a method of controlling an image capturing apparatus and includes limitations nearly identical to the limitations disclosed in claim 14 above and therefore the rejection provided above regarding claim 14 is also applicable to claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tanaka et al. US 2024/0305887 discloses an imaging apparatus capable of performing vibration processing for correcting rotational and translational shake.
Yamashita et al. US 2024/0328790 discloses an imaging device including a shake correction unit capable of performing rotation and translation correction on an image.
Tanaka et al. US 2023/0171494 discloses an imaging apparatus including processing capabilities to perform rotational and translational shake correction.
Kawai et al. US 2023/0209194 discloses an imaging apparatus capable of performing rotational and translational shake correction before synthesizing images.
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.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699