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 .
Continuity
The present application is a continuation of U.S. Application No. 18/204,174, filed on February 9, 2023, now U.S. Patent No. 12,177,552.
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copies of Korean patent application number 10-2022-0065052, filed on May 27, 2022, Korean patent application number 10-2022-0117829, filed on September 19, 2022, and Korean patent application number 10-2023-0067193, filed on May 24, 2023, has been received and made of record.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on October 11, 2024, the IDS submitted on April 29, 2025, and the IDS submitted on June 26, 2025, are in compliance with the provisions of 37 CFR 1.97 and are being considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a second optical member aligned with the optical member along the optical axis with the plurality of lenses interposed therebetween, wherein the second optical member is configured to receive light incident from a direction different from that of the optical axis, and reflects the light in the direction of the optical axis, to guide the light to the plurality of lenses” (claim 7, in combination with all of the limitations of parent claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,177,552. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is broader in every aspect than corresponding claim 1 of prior U.S. Patent No. 12,177,552, and is therefore an obvious variant thereof.
The Examiner notes that langue of both sets of claims are based on the embodiment associated with figure 11.
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U.S. Application No. 18/912,664
(broader than corresponding claim)
U.S. Patent No. 12,177,552
1. An image capturing device comprising:
1. An electronic device comprising: an image capturing device comprising:
a plurality of lenses aligned along an optical axis;
at least two lenses aligned along an optical axis;
an image sensor including an imaging surface, the image sensor configured to detect a light passing through the plurality of lenses, the imaging surface including a first side and a second side substantially perpendicular to each other, and the second side being longer than the first side; and
an optical member disposed such that the light passing through the plurality of lenses is incident via a portion of a first surface of the optical member, the light is reflected at least twice within the optical member, and the light is emitted out of the optical member via a portion of a second surface facing the imaging surface of the image sensor, the portion of the second surface including a third side adjacent to and parallel with the second side of the imaging surface;
wherein a first length of the third side of the portion of the second surface is longer than a second length of the second side of the imaging surface,
wherein the optical member and the imaging surface are configured to satisfy 1.2 ≤ w/img-X ≤2.5 where ‘w’ is the first length, ‘img-X’ is the second length, ‘w/img-X’ is a ratio of the first length to the second length, and
wherein the first surface and the second surface of the optical member are parallel with respect to the imaging surface of the image sensor.
an optical member disposed such that light passing through the at least two lenses is incident via a portion of a first surface of the optical member, the light is reflected at least twice within the optical member, the light is emitted out of the optical member via a first portion of a second surface of the optical member, and the light is reflected at a second portion of the second surface of the optical member,
wherein the first portion of the second surface includes a second side corresponding to a length direction of the optical member and a first side substantially perpendicular to the length direction of the optical member, the second side being longer than the second side; and
an image sensor configured to detect the light emitted from the first portion of the second surface of the optical member through an imaging surface of the image sensor;
a memory storing instructions; and
a processor configured to execute the instructions to cause the electronic device to acquire an image by receiving external light using the image capturing device,
wherein the imaging surface of the image sensor includes a third side substantially parallel with the second side of the optical member, and a fourth side substantially parallel with the first side of the optical member, the fourth side of the imaging surface being longer than the third side of the imaging surface;
wherein the optical member and the image sensor are disposed such that: the first portion of the second surface is substantially parallel with the imaging surface of the image sensor, and a first length of the first side of the first portion of the second surface is longer than a second length of the fourth side of the imaging surface, and
wherein the optical member is configured to satisfy 1.2=<w/img-X=<2.5 where ‘w’ is the first length of the first side of the first portion of the second surface, ‘img-X’ is the second length of the fourth side of the imaging surface, ‘w/img-X’ is a ratio of the first length to the second length.
Claims 1 and 3-8 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 7-13 of U.S. Patent No. 12,177,552. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 3-8 of the instant application are broader in every aspect than corresponding claims 7-13 of prior U.S. Patent No. 12,177,552, and are therefore obvious variants thereof.
The Examiner notes that langue of both sets of claims are based on the embodiment associated with figure 11.
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U.S. Application No. 18/912,664
(broader than corresponding claim)
U.S. Patent No. 12,177,552
1. An image capturing device comprising:
7. A electronic device comprising:
a housing; a display disposed on a front surface of the housing; at least two cameras disposed on a rear surface of the housing opposite to the front surface; wherein one of the at least to cameras comprises:
a plurality of lenses aligned along an optical axis;
at least two lenses aligned along an optical axis;
an image sensor including an imaging surface, the image sensor configured to detect a light passing through the plurality of lenses, the imaging surface including a first side and a second side substantially perpendicular to each other, and the second side being longer than the first side; and
an optical member disposed such that the light passing through the plurality of lenses is incident via a portion of a first surface of the optical member, the light is reflected at least twice within the optical member, and the light is emitted out of the optical member via a portion of a second surface facing the imaging surface of the image sensor, the portion of the second surface including a third side adjacent to and parallel with the second side of the imaging surface;
wherein a first length of the third side of the portion of the second surface is longer than a second length of the second side of the imaging surface,
wherein the optical member and the imaging surface are configured to satisfy 1.2 ≤ w/img-X ≤2.5 where ‘w’ is the first length, ‘img-X’ is the second length, ‘w/img-X’ is a ratio of the first length to the second length, and
wherein the first surface and the second surface of the optical member are parallel with respect to the imaging surface of the image sensor.
an image sensor including an imaging surface configured to detect at least a portion of light guided or focused by the at least two lenses, wherein the imaging surface is substantially parallel with the display;
an optical member disposed between the at least two lenses and the image sensor, including an incident surface facing the at least two lenses and an emission surface facing the image sensor, and configured to receive the light guided or focused by the at least two lenses via a portion of the incident surface, to reflect the received light at least twice within the optical member, and to emit the reflected light to the image sensor via a portion of the emission surface,
wherein the emission surface is substantially parallel with the imaging surface,
wherein the image sensor is disposed such that a long side longer than another side of the imaging surface is parallel with a short side shorter than another side of the emission surface, and
wherein the electronic device and/or one of the at least to cameras is/are configured to satisfy 1.2=<w/img-X=<2.5 where ‘w’ is a first length of the short side of the emission surface, ‘img-X’ is a second length of a long side of the imaging surface, and ‘w/img-X’ is a ratio of the first length to the second length.
3. The image capturing device of claim 1, wherein the optical member is configured to have an Abbe number Vd-1 that satisfies 25 =< Vd-1 =< 95.
8. The electronic device of claim 7, wherein the optical member is configured to have an Abbe number Vd-1 that satisfies 25=<Vd-1=<95.
4. The image capturing device of claim 1, wherein the optical member includes an anti-reflection coating layer formed on at least one of the first surface or the second surface.
9. The electronic device of claim 7, wherein the optical member includes an anti-reflection coating layer formed on at least one of the incident surface or the emission surface.
5. The image capturing device of claim 1, wherein the optical member includes an infrared blocking coating layer formed on at least one of the first surface or the second surface.
10. The electronic device of claim 7, wherein the optical member includes an infrared blocking coating layer formed on at least one of the incident surface or the emission surface.
6. The image capturing device of claim 1, wherein the plurality of lenses are configured to have a Field of View (FOV) that satisfies 5 degrees =< FOV =< 35 degrees.
11. The electronic device of claim 7, wherein the at least two lenses are configured to have a Field of View (FOV) that satisfies 5 degrees=<FOV=<35 degrees.
7. The image capturing device of claim 1, further comprising: a second optical member aligned with the optical member along the optical axis with the plurality of lenses interposed therebetween, wherein the second optical member is configured to receive light incident from a direction different from that of the optical axis, and reflects the light in the direction of the optical axis, to guide the light to the plurality of lenses.
12. The electronic device of claim 7, further comprising: a second optical member aligned with the optical member along the optical axis with the at least two lenses interposed therebetween, wherein the second optical member is configured to receive light incident from a direction different from that of the optical axis, and reflects the light in the direction of the optical axis, to guide the light to the at least two lenses.
8. The image capturing device of claim 1, wherein the optical member has a shape of a parallelogram.
13. The electronic device of claim 7, wherein the optical member has a shape of a parallelogram.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,177,552. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application is broader in every aspect than corresponding claim 7 of prior U.S. Patent No. 12,177,552, and is therefore an obvious variant thereof.
The Examiner notes that langue of both sets of claims are based on the embodiment associated with figure 11.
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U.S. Application No. 18/912,664
(broader than corresponding claim)
U.S. Patent No. 12,177,552
11. An electronic device comprising:
7. A electronic device comprising:
a housing;
a housing;
a display disposed on a front surface of the housing;
a display disposed on a front surface of the housing;
at least two cameras disposed on a rear surface of the housing opposite to the front surface;
at least two cameras disposed on a rear surface of the housing opposite to the front surface;
wherein one of the at least two cameras comprises:
wherein one of the at least to cameras comprises:
a plurality of lenses aligned along an optical axis;
an image sensor including an imaging surface, the image sensor configured to detect a light passing through the plurality of lenses, the imaging surface including a first side and a second side substantially perpendicular to each other, and the second side being longer than the first side; and
an optical member disposed such that the light passing through the plurality of lenses is incident via a portion of a first surface of the optical member, the light is reflected at least twice within the optical member, and the light is emitted out of the optical member via a portion of a second surface facing the imaging surface of the image sensor, the portion of the second surface including a third side adjacent to and parallel with the second side of the imaging surface;
wherein a first length of the third side of the portion of the second surface is longer than a second length of the second side of the imaging surface,
wherein the optical member and the imaging surface are configured to satisfy 1.2 ≤ w/img-X ≤2.5 where ‘w’ is the first length, ‘img-X’ is the second length, ‘w/img-X’ is a ratio of the first length to the second length, and
wherein the first surface and the second surface of the optical member are parallel with respect to the imaging surface of the image sensor.
at least two lenses aligned along an optical axis;
an image sensor including an imaging surface configured to detect at least a portion of light guided or focused by the at least two lenses, wherein the imaging surface is substantially parallel with the display;
an optical member disposed between the at least two lenses and the image sensor, including an incident surface facing the at least two lenses and an emission surface facing the image sensor, and configured to receive the light guided or focused by the at least two lenses via a portion of the incident surface, to reflect the received light at least twice within the optical member, and to emit the reflected light to the image sensor via a portion of the emission surface,
wherein the emission surface is substantially parallel with the imaging surface,
wherein the image sensor is disposed such that a long side longer than another side of the imaging surface is parallel with a short side shorter than another side of the emission surface, and
wherein the electronic device and/or one of the at least to cameras is/are configured to satisfy 1.2=<w/img-X=<2.5 where ‘w’ is a first length of the short side of the emission surface, ‘img-X’ is a second length of a long side of the imaging surface, and ‘w/img-X’ is a ratio of the first length to the second length.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. - The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 19, the claim recites the limitation "the at least one processor" in line 1. There is insufficient antecedent basis for this limitation in the claim. Absent clarity, one skilled in the art would not be put on full and fair notice regarding the metes and bounds of the claimed subject matter. Therefore, the claim is indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 20, the claim recites the limitation "the at least one processor" in line 1. There is insufficient antecedent basis for this limitation in the claim. Absent clarity, one skilled in the art would not be put on full and fair notice regarding the metes and bounds of the claimed subject matter. Therefore, the claim is indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Allowable Subject Matter
Claims 2, 9, 10 and 12-18 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.
U.S. Patent Publication No. 2022/0091398 to Smyth et al. teaches a similar image capturing device, absent a teaching of the specific ratios.
U.S. Patent Publication No. 2022/0091373 teaches a similar image capturing device, absent a teaching of the specific ratios.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
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 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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/GARY C VIEAUX/Primary Examiner, Art Unit 2638