CTNF 18/894,826 CTNF 82205 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. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 02-27 AIA 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. 17/311,170 , filed on 10/24/2019 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-19 of U.S. Patent No. 12,126,899 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application have broader claim limitations and therefore are anticipated by the Patent . Current application 18/894,826 Patent 12,126,899 An imaging device comprising an autofocus control unit that performs autofocus control in response to detection of a first operation using a first operator, and a tracking processing unit that performs tracking processing for a subject to be focused in response to detection of a second operation using a second operator different from the first operator in a state where autofocus control is performed in response to the first operation. Note: Patent discloses the second operator is different from the first operator. An imaging device, comprising: a plurality of assignable buttons; and circuitry configured to: perform autofocus control of a subject, wherein the autofocus control of the subject starts based on detection of a first operation associated with a first operator; select a second operator, to which a second operation is assigned, from the plurality of assignable buttons based on user input, wherein the second operator is different from the first operator ; and perform a tracking operation for the subject, wherein the tracking operation for the subject starts based on detection of the second operation associated with the second operator in a state where the autofocus control is performed. 2 . The imaging device according to claim 1, wherein the autofocus control unit performs focus control on a subject to be tracked in response to the tracking processing being performed by the second operation in the state where the autofocus control is performed in response to the first operation. 2. The imaging device according to claim 1, wherein the circuitry is further configured to perform the autofocus control on the subject to be tracked based on the tracking operation by the second operation in the state where the autofocus control is performed. 3.The imaging device according to claim 1, further comprising a display control unit that performs control to change a display on a display unit indicating an operating state, depending on whether it is a first state where the autofocus control is performed in response to the first operation and the tracking processing is not performed, or it is a second state where the tracking processing and the focus control on the subject to be tracked are performed in response to the first operation and the second operation. 3.The imaging device according to claim 1, wherein the circuitry is further configured to perform control to change a display on a display device indicating an operating state, based on: a first state where the autofocus control is performed based on the first operation and the tracking operation is not performed, or a second state where the tracking operation and the autofocus control on the subject are performed based on the first operation and the second operation. 4 . The imaging device according to claim 1, further comprising a display control unit that controls a display operation of a display unit so that a focus frame indicating a focusing area is displayed at a predetermined position in a first state where the autofocus control is performed in response to the first operation and the tracking processing is not performed, and a tracking frame is displayed at a position of a subject image to be tracked in a second state where the tracking processing and the focus control on the subject to be tracked are performed in response to the first operation and the second operation. 4. The imaging device according to claim 1, wherein the circuitry is further configured to control a display operation of a display device so that: a focus frame indicating a focus area is displayed at a determined position in a first state, wherein the first state corresponds to a state where the autofocus control is performed based on the first operation and the tracking operation is not performed, and a tracking frame is displayed at a position of a subject image to be tracked in a second state, wherein the second state corresponds to a state where the tracking operation and the autofocus control on the subject are performed based on the first operation and the second operation. 5 . The imaging device according to claim 4, wherein the display control unit controls the display operation of the display unit so that in the second state, the tracking frame is displayed while maintaining display of the focus frame in the immediately preceding first state. 5. The imaging device according to claim 4, wherein the circuitry is further configured to control the display operation of the display device so that in the second state, the tracking frame is displayed while display of the focus frame in the first state is maintained. 6 . The imaging device according to claim 4, wherein when transitioning from the second state to the first state, the autofocus control unit starts autofocus control before the start of the tracking operation in the immediately preceding second state, and the display control unit ends the display of the tracking frame and causes the focus frame to be displayed in a state before the start of tracking. 6. The imaging device according to claim 4, wherein based on a transition from the second state to the first state, the circuitry is further configured to: start the autofocus control before start of the tracking operation in the second state; and end the display of the tracking frame and cause the focus frame to be displayed in a state before the start of the tracking operation. 7 . The imaging device according to claim 4, wherein when transitioning from the second state to the first state, the autofocus control unit starts autofocus control for an area based on a position of the tracking frame at the end of tracking, and the display control unit ends the display of the tracking frame and causes the focus frame to be displayed at the position of the tracking frame at the end of tracking. 7. The imaging device according to claim 4, wherein based on a transition from the second state to the first state, the circuitry is further configured to: start the autofocus control for an area based on a position of the tracking frame at an end of the tracking operation; and end the display of the tracking frame and cause the focus frame to be displayed at the position of the tracking frame at the end of the tracking operation. 8 . The imaging device according to claim 4, wherein when transitioning from the second state to the first state, the autofocus control unit starts autofocus control targeting a fixed area of a captured image, and the display control unit ends the display of the tracking frame and causes the focus frame to be displayed in the fixed area of the captured image. 8. The imaging device according to claim 4, wherein based on a transition from the second state to the first state, the circuitry is further configured to: start the autofocus control that targets a fixed area of a captured image; and end the display of the tracking frame and cause the focus frame to be displayed in the fixed area of the captured image. 9 . The imaging device according to claim 1, wherein when the second operation is detected with no detection of the first operation, a focus area setting in autofocus control is set to target a subject to be tracked. 9. The imaging device according to claim 1, wherein based on the detection of the second operation with no detection of the first operation, the circuitry is further configured to set a focus area setting in the autofocus control to target the subject to be tracked. 10 . The imaging device according to claim 9, further comprising a display control unit that causes a display unit to present a display corresponding to the fact that the focus area setting in autofocus control has been set to target the subject to be tracked when the second operation is detected with no detection of the first operation. 10. The imaging device according to claim 9, wherein the circuitry is configured to cause a display device to present a display based on the detection of the second operation with no detection of the first operation, and the display indicates that the focus area setting in the autofocus control is set to target the subject to be tracked. 11 . The imaging device according to claim 1, wherein in a case where the second operation is detected with no detection of the first operation and the first operation is detected after the second operation, the tracking processing unit performs tracking processing on a subject to be focused, and the autofocus control unit performs autofocus control on a subject to be tracked. 11. The imaging device according to claim 1, wherein based on the detection of the second operation with no detection of the first operation and the detection of the first operation after the second operation, the circuitry is further configured to: perform the tracking operation on the subject to be focused; and perform the autofocus control on the subject to be tracked. 12 . The imaging device according to claim 1, wherein when cancellation of the first operation is detected in a state where the tracking processing unit performs tracking processing on a subject to be focused and the autofocus control unit performs autofocus control on a subject to be tracked in response to the first operation and the second operation, the tracking processing and the autofocus control are ended, and a focus area setting in autofocus control is maintained at the setting that targets the subject to be tracked. 12. The imaging device according to claim 1, wherein based on detection of cancellation of the first operation in a state where the tracking operation on the subject to be focused and the autofocus control on the subject to be tracked are performed, the tracking operation and the autofocus control are ended, and a focus area setting in the autofocus control is maintained at a setting that targets the subject to be tracked. 13 . The imaging device according to claim 1, wherein the second operation is performed as a continuous operation of the operator for the second operation, and the second operation is canceled with the end of the continuous operation. 17. The imaging device according to claim 1, wherein the second operation to start the tracking operation is a continuous pressing operation of the second operator, and the second operation is canceled with an end of the continuous pressing operation. 14 . The imaging device according to claim 1, wherein the second operation is performed as a single operation of the operator for the second operation, and the second operation is canceled by another single operation of the operator. 13. The imaging device according to claim 1, wherein the second operation is a first single operation of the second operator, and the second operation is canceled by a second single operation of the second operator. 15 . The imaging device according to claim 1, wherein the second operator is provided on a lens barrel that is mountable on an imaging device main body. 14. The imaging device according to claim 1, wherein the second operator is on a lens barrel that is mountable on an imaging device main body. 16 . The imaging device according to claim 1, wherein an assignable button to which an operation function as the second operation can be selectively set is provided. Note: the Patent discloses assignable buttons are assigned with first or second operation. 1. An imaging device, comprising: a plurality of assignable buttons ; and circuitry configured to: perform autofocus control of a subject, wherein the autofocus control of the subject starts based on detection of a first operation associated with a first operator; select a second operator, to which a second operation is assigned, from the plurality of assignable buttons based on user input, wherein the second operator is different from the first operator ; and perform a tracking operation for the subject, wherein the tracking operation for the subject starts based on detection of the second operation associated with the second operator in a state where the autofocus control is performed. 17 . The imaging device according to claim 1, wherein the first operator is a shutter operator, and half-pressing of the shutter operator is the first operation. 15. The imaging device according to claim 1, wherein the first operator is a shutter operator, and the first operation is a half-press of the shutter operator. 18 . The imaging device according to claim 1, wherein the second operator is provided at a position where it is operable during operation of the first operator. 16. The imaging device according to claim 1, wherein the second operator is at a position operable during operation of the first operator. 19 . An imaging control device comprising an autofocus control unit that performs autofocus control in response to detection of a first operation using a first operator, and a tracking processing unit that performs tracking processing for a subject to be focused in response to detection of a second operation using a second operator different from the first operator in a state where autofocus control is performed in response to the first operation. Note: Patent discloses the second operator is different from the first operator. 18. An imaging control device, comprising: circuitry configured to: perform autofocus control of a subject, wherein the autofocus control of the subject starts based on detection of a first operation associated with a first operator; select a second operator, to which a second operation is assigned, from a plurality of assignable buttons based on user input, wherein the second operator is different from the first operator ; and perform a tracking operation for the subject, wherein the tracking operation for the subject starts based on detection of the second operation associated with the second operator in a state where the autofocus control is performed. 20 . An imaging method comprising performing autofocus control in response to detection of a first operation using a first operator, and performing tracking processing for a subject to be focused in response to detection of a second operation using a second operator different from the first operator in a state where autofocus control is performed in response to the first operation by an imaging device. Note: Patent discloses the second operator is different from the first operator. 19. An imaging method, comprising: in an imaging device that includes a plurality of assignable buttons: performing autofocus control of a subject, wherein the autofocus control of the subject starts based on detection of a first operation associated with a first operator; selecting a second operator, to which a second operation is assigned, from the plurality of assignable buttons based on user input, wherein the second operator is different from the first operator ; and performing a tracking operation for the subject, wherein the tracking operation starts based on detection of the second operation associated with the second operator in a state where the autofocus control is performed by the imaging device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN H LE whose telephone number is (571)270-1130. The examiner can normally be reached Mon-Fri 9:00 am- 5:30 pm. 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, Lin Ye can be reached at 5712727372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TUAN H LE/Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638 Application/Control Number: 18/894,826 Page 2 Art Unit: 2638 Application/Control Number: 18/894,826 Page 3 Art Unit: 2638 Application/Control Number: 18/894,826 Page 4 Art Unit: 2638 Application/Control Number: 18/894,826 Page 5 Art Unit: 2638 Application/Control Number: 18/894,826 Page 6 Art Unit: 2638 Application/Control Number: 18/894,826 Page 7 Art Unit: 2638 Application/Control Number: 18/894,826 Page 8 Art Unit: 2638 Application/Control Number: 18/894,826 Page 9 Art Unit: 2638 Application/Control Number: 18/894,826 Page 10 Art Unit: 2638 Application/Control Number: 18/894,826 Page 11 Art Unit: 2638 Application/Control Number: 18/894,826 Page 12 Art Unit: 2638 Application/Control Number: 18/894,826 Page 13 Art Unit: 2638 Application/Control Number: 18/894,826 Page 14 Art Unit: 2638 Application/Control Number: 18/894,826 Page 15 Art Unit: 2638 Application/Control Number: 18/894,826 Page 16 Art Unit: 2638 Application/Control Number: 18/894,826 Page 17 Art Unit: 2638 Application/Control Number: 18/894,826 Page 18 Art Unit: 2638 Application/Control Number: 18/894,826 Page 19 Art Unit: 2638 Application/Control Number: 18/894,826 Page 20 Art Unit: 2638 Application/Control Number: 18/894,826 Page 21 Art Unit: 2638 Application/Control Number: 18/894,826 Page 22 Art Unit: 2638 Application/Control Number: 18/894,826 Page 23 Art Unit: 2638 Application/Control Number: 18/894,826 Page 24 Art Unit: 2638 Application/Control Number: 18/894,826 Page 25 Art Unit: 2638 Application/Control Number: 18/894,826 Page 26 Art Unit: 2638 Application/Control Number: 18/894,826 Page 27 Art Unit: 2638 Application/Control Number: 18/894,826 Page 28 Art Unit: 2638 Application/Control Number: 18/894,826 Page 29 Art Unit: 2638 Application/Control Number: 18/894,826 Page 30 Art Unit: 2638 Application/Control Number: 18/894,826 Page 31 Art Unit: 2638 Application/Control Number: 18/894,826 Page 32 Art Unit: 2638 Application/Control Number: 18/894,826 Page 33 Art Unit: 2638 Application/Control Number: 18/894,826 Page 34 Art Unit: 2638 Application/Control Number: 18/894,826 Page 35 Art Unit: 2638 Application/Control Number: 18/894,826 Page 36 Art Unit: 2638 Application/Control Number: 18/894,826 Page 37 Art Unit: 2638 Application/Control Number: 18/894,826 Page 38 Art Unit: 2638 Application/Control Number: 18/894,826 Page 39 Art Unit: 2638 Application/Control Number: 18/894,826 Page 40 Art Unit: 2638 Application/Control Number: 18/894,826 Page 41 Art Unit: 2638 Application/Control Number: 18/894,826 Page 42 Art Unit: 2638 Application/Control Number: 18/894,826 Page 43 Art Unit: 2638 Application/Control Number: 18/894,826 Page 44 Art Unit: 2638 Application/Control Number: 18/894,826 Page 45 Art Unit: 2638
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