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 .
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 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.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of Japanese patent application number 2023-171526, filed on October 2, 2023, has been received and made of record.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on September 30, 2024 is in compliance with the provisions of 37 CFR 1.97 and has been 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 limitation(s) is/are: “detection unit”, “control unit”, and “notification unit”, in claims 1, 4, and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) 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 Objections
Claims 1, 13, and 17 objected to because of the following informalities:
Claim 1 recites the limitation "the storage device" in line 11. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 11, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Claim 4 recites the limitation "the storage device" in line 3. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 3, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Claim 14 recites the limitation "the storage device" in lines 3-4. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 3-4, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Claim 16 recites the limitation "the storage device" in line 2. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 2, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Claim 18 recites the limitation "the storage device" in lines 3-4. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 3-4, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Claim 20 recites the limitation "the storage device" in line 2. However, the “storage device” is previously recited as a “power storage device”. As such, the Examiner believes that the “the storage device”, recited in line 2, should be amended to read “the power storage device” to provide proper antecedent support, and add clarity to the claim.
Appropriate correction is required.
Double Patenting
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-5, 11-15, and 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 6 of U.S. Patent No. 12,382,165. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claims 1-2, 4-5, 13-15, and 17-19:
Application 18/902,622
Patent 12,382,165
Claim 1
Claims 1 and 6
1. An apparatus comprising:
a load circuit;
a power source;
a power storage device;
a charging circuit that uses power from the power source to charge the power storage device;
at least one processor; and
a memory coupled to the at least one processor, the memory storing instructions that, when executed by the at least one processor, cause the at least one processor to function as:
1. An image capturing apparatus comprising:
an image sensor;
a power supply circuit;
a power storage device; and
a charging unit configured to charge the power storage device using power from the power supply circuit; and
at least one processor which executes a program stored in a memory and functions as:
a detection unit that detects a temperature of the storage device,
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(a detection unit that detects a temperature is inherent in order for the voltage to be selected based on the temperature)
a control unit that controls power supply to the load circuit according to a state of the apparatus, wherein the control unit, in a first state of the apparatus, performs control so that power is supplied from the power source to the load circuit without power being supplied from the power storage device to the load circuit and, in a second state of the apparatus in which a maximum power consumption of the load circuit is greater than in the first state, performs control so that power is supplied from the power source and the power storage device to the load circuit, and
1. …a control unit configured to perform control such that in a first operation state of the image capturing apparatus, power is supplied from the power supply circuit to the image sensor without power being supplied from the power storage device to the image sensor, and to perform control such that in a second operation state of the image capturing apparatus in which a maximum power consumption of the image sensor is higher than in the first operation state, power is supplied from the power supply circuit and the power storage device to the image sensor.
the control unit sets a charging complete voltage of the power storage device via the charging circuit depending on the detected temperature.
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
Claim 2
Claim 1
2. The apparatus according to claim 1, wherein the load circuit is an image capturing sensor.
1. An image capturing apparatus comprising:
an image sensor;
Claim 4
Claim 6
4. The apparatus according to claim 1, further comprising:
a temperature sensor,
wherein the detection unit detects a temperature of the storage device by estimating a temperature of the power storage device based on an output of the temperature sensor.
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(a temperature sensor and it use in estimating the temperature is inherent in order for the voltage to be selected based on the temperature)
Claim 5
Claim 6
5. The apparatus according to claim 1, wherein
in a case where the detected temperature is not higher than a predetermined value, the control unit sets the charging complete voltage to a first voltage, and
in a case where the detected temperature is higher than the predetermined value, the control unit sets the charging complete voltage to a second voltage lower than the first voltage.
6. … the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
Claim 13
Claim 1 and 6
13. A method for controlling an apparatus including a load circuit, a power source that supplies power to the load circuit, and a power storage device that supplies power to the load circuit, the method comprising:
charging the power storage device using power from the power source;
1. An image capturing apparatus comprising:
an image sensor;
a power supply circuit;
a power storage device; and
at least one processor which executes a program stored in a memory and functions as:
a charging unit configured to charge the power storage device using power from the power supply circuit; and
detecting a temperature of the power storage device;
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(the detection of a temperature is inherent in order for the voltage to be selected based on the temperature)
controlling power supply to the load circuit, wherein in a first state of the apparatus, control is performed so that power is supplied from the power source to the load circuit without power being supplied from the power storage device to the load circuit and, in a second state in which a maximum power consumption of the load circuit is greater than in the first state, control is performed so that power is supplied from the power source and the power storage device to the load circuit, and
1. …a control unit configured to perform control such that in a first operation state of the image capturing apparatus, power is supplied from the power supply circuit to the image sensor without power being supplied from the power storage device to the image sensor, and to perform control such that in a second operation state of the image capturing apparatus in which a maximum power consumption of the image sensor is higher than in the first operation state, power is supplied from the power supply circuit and the power storage device to the image sensor.
in the charging, a charging complete voltage of the power storage device is changed depending on the detected temperature.
6. … the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
Claim 14
Claim 6
14. The method according to claim 13, further comprising:
detecting a temperature of the storage device by estimating a temperature of the storage device based on an output of a temperature sensor.
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(the estimation of a temperature using a temperature sensor is inherent in order for the voltage to be selected based on the temperature)
Claim 15
Claim 6
15. The method according to claim 13, wherein
in a case where the detected temperature is not higher than a predetermined value, the controlling sets the charging complete voltage to a first voltage, and
in a case where the detected temperature is higher than the predetermined value, the controlling sets the charging complete voltage to a second voltage lower than the first voltage.
6. … the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
Claim 17
Claim 1 and 6
17. A non-transitory computer-readable storage medium storing a program for causing a computer to execute a method for controlling an apparatus including a load circuit, a power source that supplies power to the load circuit, and a power storage device that supplies power to the load circuit, the method including:
charging the power storage device using power from the power source;
1. An image capturing apparatus comprising:
an image sensor;
a power supply circuit;
a power storage device; and
at least one processor which executes a program stored in a memory and functions as:
a charging unit configured to charge the power storage device using power from the power supply circuit; and
detecting a temperature of the power storage device;
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(the detection of a temperature is inherent in order for the voltage to be selected based on the temperature)
controlling power supply to the load circuit, wherein in a first state of the apparatus, control is performed so that power is supplied from the power source to the load circuit without power being supplied from the power storage device to the load circuit and, in a second state in which a maximum power consumption of the load circuit is greater than in the first state, control is performed so that power is supplied from the power source and the power storage device to the load circuit, and
1. …a control unit configured to perform control such that in a first operation state of the image capturing apparatus, power is supplied from the power supply circuit to the image sensor without power being supplied from the power storage device to the image sensor, and to perform control such that in a second operation state of the image capturing apparatus in which a maximum power consumption of the image sensor is higher than in the first operation state, power is supplied from the power supply circuit and the power storage device to the image sensor.
in the charging, a charging complete voltage of the power storage device is changed depending on the detected temperature.
6. … the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
Claim 18
Claim 6
18. The non-transitory computer-readable storage medium according to claim 17, further comprising:
detecting a temperature of the storage device by estimating a temperature of the storage device based on an output of a temperature sensor.
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature.
(the estimation of a temperature using a temperature sensor is inherent in order for the voltage to be selected based on the temperature)
Claim 19
Claim 6
19. The non-transitory computer-readable storage medium according to claim 17, wherein
in a case where the detected temperature is not higher than a predetermined value, the controlling sets the charging complete voltage to a first voltage, and
in a case where the detected temperature is higher than the predetermined value, the controlling sets the charging complete voltage to a second voltage lower than the first voltage.
6. …, the control unit:
controls the charging unit to charge the power storage device to the second voltage if a temperature of the power storage device is a first temperature; and
controls the charging unit to charge the power storage device to a first voltage lower than the second voltage if the temperature of the power storage device is a second temperature higher than the first temperature
In view of the foregoing, Claims 1-2, 4-5, 13-15, and 17-19 of the pending application is an obvious variant and encompassed by claims 1 and 6 of US Patent No. 12,382,165.
Regarding claims 3 and 11-12, :
With respect to claim 3, this claim further includes the limitations that “the power storage device is an electric double layer capacitor or a solid-state battery”. However, the Examiner notes that Official Notice is taken that the concepts and advantages of using an electric double layer capacitor or a solid-state battery as power storage device are notoriously well known and expected in the art in order to provide a power source that can be rapidly charged and discharged for handling rapid fluctuations in the load requirements. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the invention to include an electric double layer capacitor or a solid-state battery as power storage device, in order to provide a power source that can be rapidly charged and discharged for handling rapid fluctuations in the load requirements, as is known in the art.
With respect to claim 11, this claim further includes the limitations that “the power source includes a battery and/or an external power supply apparatus”. However, the Examiner notes that Official Notice is taken that the concepts and advantages of using a battery and/or an external power supply apparatus as power source are notoriously well known and expected in the art in order to allow the device to switch between the use of a battery when the device is being used portably, and the use of an external power supply when the device is being used stationary. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the invention to include the use of a battery and/or an external power supply apparatus as power source, in order to allow the device to be portable or stationary, as is known in the art.
With respect to claim 12, this claim further includes the limitations that “the external power supply apparatus supplies power to the apparatus according to USB Power Delivery protocol”. However, the Examiner notes that the use of external power supplies that supply power according to USB Power Delivery protocol are routinely used in the art, and are within the knowledge of one of ordinary skill in the art. Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the invention such that the external power supply apparatus supplies power to the apparatus according to USB Power Delivery protocol, in order to conform to a known standard of readily available power supplies.
Allowable Subject Matter
Claim 6-10, 16, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2002/0017822: note the use of an electronic device having a load circuit, a power source, and a power storage device that is used to supply power when power loss is detected, and the charging circuitry/operation for the power storage device, but fails to disclose that the control is configured to perform control such that in a second operation state of the image capturing apparatus in which a maximum power consumption of the image sensor is higher than in the first operation state, power is supplied from the power supply circuit and the power storage device to the image sensor, and the use of a detected temperature of a power storage device to control a charging complete voltage of the power storage device.
US 2006/0233564: note the use of an image capturing apparatus having an image sensor, a power supply circuit, a power storage device, and a charging unit configured to charge the power storage device using power from the power supply circuit, and a control unit configured to perform control such that in a first operation state of the image capturing apparatus, power is supplied from the power supply circuit to the image sensor without power being supplied from the power storage device to the image sensor, and to perform control such that in a second operation state, but fails to disclose that the control is configured to perform control such that in a second operation state of the image capturing apparatus in which a maximum power consumption of the image sensor is higher than in the first operation state, power is supplied from the power supply circuit and the power storage device to the image sensor, and the use of a detected temperature of a power storage device to control a charging complete voltage of the power storage device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISS S YODER III whose telephone number is (571)272-7323. The examiner can normally be reached M-F 9:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at (571) 272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISS S YODER III/Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638