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 .
This action is in response to the CON filed on 10/28/2024
This application is a CON of 17/981,775 now a PAT 12,160,667 B2
The application has a FP date of 11/10/2021
Claims 1 and 16 are independent
Claims 1-17 are pending
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/28/2024 is in compliance with the provisions of 37 CFR 1.97 and 37 CFR 1.98(a)(4). Accordingly, the information disclosure statement is being considered by the examiner.
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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent Number 12,160,667 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
1. Application: A control apparatus configured to perform image stabilization using a first image stabilizer and a second image stabilizer, the control apparatus comprising:
1. Patent 12,160,667 B2: A control apparatus configured to perform image stabilization using a first image stabilizer and a second image stabilizer, the control apparatus comprising:
a memory storing instructions; and at least one processor that executes the instructions to:
1. Patent 12,160,667 B2: a memory storing instructions; and at least one processor that executes the instructions to:
at least one processor determines a correction ratio between the first image stabilizer and the second image stabilizer, wherein the at least one processor determines the correction ratio between the first image stabilizer and the second image stabilizer such that a proportion of the second image stabilizer in the correction ratio increases as a distance to a movable end of the first image stabilizer decreases,
1. Patent 12,160,667 B2: determine a correction ratio between the first image stabilizer and the second image stabilizer so that a proportion of the second image stabilizer in the correction ratio increase as a distance to a moveable end of the first image stabilizer decreases;
wherein the at least one process determines the correction ratio between the first image stabilizer and the second image stabilizer such that a correction ratio of the second image stabilizer at a first timing in which a distance to a movable end of the first image stabilizer is a first distance is larger than a correction ratio of the second image stabilizer at a second timing different from the first timing in which the distance to the movable end of the first image stabilizer is a second distance longer than the first distance.
8. Patent 12,160,667 B2: determines the correction ratio among the first image stabilizer, the second image stabilizer, and the third image stabilizer; so that a proportion of the third image stabilizer in the correction ratio increases as the distance to the moveable end of the first image stabilizer from the second image stabilizer decreasews
2. Application: further comprising a calculating unit configured to calculate the shortest distance from a current position of the first image stabilizer to a position of the movable end, wherein the at least one processor increases the proportion of the second image stabilizer in the correction ratio as the shortest distance becomes shorter.
2. Patent 12,160,667 B2: wherein the at least one processor increases the proportion of the second stabilizer in the correction ratio as the shortest distance becomes shorter.
3. Application: wherein the at least one processor performs the image stabilization using the first image stabilizer, in a case where the shortest distance is larger than a predetermined threshold,
1. Patent 12,160,667 B2: performs the image stabilization: using the first image stabilizer in a state where the shortest distance is larger than a predetermined threshold; and
wherein the at least one processor performs the image stabilization by cooperatively controlling the first image stabilizer and the second image stabilizer in a case where the shortest distance is smaller than the predetermined threshold.
1. Patent 12,160,667 B2: cooperatively controlling the first image stabilizer and the second image stabilizer in a state where the shortest distance is smaller than the predetermined threshold.
4. Application: wherein the at least one processor changes the predetermined threshold based on at least one control characteristic of the first image stabilizer or the second image stabilizer.
3. Patent 12,160,667 B2: wherein the at least one processor changes the predetermined threshold based on at least one control characteristics of the first image stabilizer or the second image stabilizer.
While Claim 5, claims one image stabilizer has a better performance than the second, and Patent 12,160,667 does not claim similar limitation, Examiner takes Official Notice that it is well known in the art that when two image stabilizers are present, one would have a better performance than the other.
While Claim 6, claims one image stabilizer consumes less power than the other, and Patent 12,160,667 does not claim similar limitation, Examiner takes Official Notice that it is well known in the art that when two image stabilizers are present, one would consume less power than the other.
7. Application: wherein the first image stabilizer includes a correction lens that constitutes part of an imaging optical system, wherein the second image stabilizer includes an image sensor or an electronic image stabilizer
4. Patent 12,160,667 B2: wherein: the first image stabilizer includes a correction lens that constitutes part of an imaging optical system, and the second image stabilizer includes an image sensor or an electronic stabilizer.
8. Application: further comprising a calculating unit configured to calculate the shortest distance from a current position of the first image stabilizer to a position of the movable end, wherein the control apparatus calculates the shortest distance from a current position of the first image stabilizer to a position of the movable end using information on at least one of a zoom state and a focus state of the imaging optical system.
5. Patent 12,160,667 B2: wherein the at least one processor calculates the shortest distance from the current position of the first image stabilizer to the position of the moveable end of the first image stabilizer using information on at least one of a zoom state or a focus state of the imaging optical system.
9. Application: wherein the first image stabilizer includes an image sensor, wherein the second image stabilizer includes a correction lens or an electronic image stabilizer
10. Patent 12,160,667 B2: wherein the first image stabilizer includes an image sensor, the second image stabilizer includes a correction lens, and the third image stabilizer includes an electronic image stabilizer.
10. Application: further comprising a calculating unit configured to calculate the shortest distance from a current position of the first image stabilizer to a position of the movable end,
7. Patent 12,160,667 B2: wherein the at least one processor calculates the shortest distance from the current position of the first image stabilizer to the position of the moveable end of the first image stabilizer
wherein the control apparatus calculates the shortest distance from a current position of the first image stabilizer to a position of the movable end using information on an effective area of the image sensor and information on at least one of a zoom state and a focus state of an imaging optical system
using information on an effective area of the image sensor and information on at least one of a zoom state or a focus state of an imaging optical system.
11. Application: wherein the control apparatus performs the image stabilization using the first image stabilizer, the second image stabilizer, and a third image stabilizer, wherein the at least one processor determines a correction ratio among the first image stabilizer, the second image stabilizer, and the third image stabilizer, and
8. Patent 12,160,667 B2: wherein the at least one processor: performs the image stabilization using the first image stabilizer, the second image stabilizer and a third image stabilizer; determines a correction ratio among the first image stabilizer, the second image stabilizer, and the third image stabilizer, so that a proportion of the third image stabilizer in the correction ratio increases as the distance to the movable end of the first image stabilizer from the second image stabilizer decreases.
12. Application: wherein the first image stabilizer includes a correction lens, wherein the second image stabilizer includes an image sensor, and wherein the third image stabilizer includes an electronic image stabilizer.
9. Patent 12,160,667 B2: wherein the first image stabilizer includes a correction lens, wherein the second image stabilizer includes an image sensor, and wherein the third image stabilizer includes an electronic image stabilizer.
13. Application: wherein the first image stabilizer includes an image sensor, wherein the second image stabilizer includes a correction lens, and wherein the third image stabilizer includes an electronic image stabilizer.
10. Patent 12,160,667 B2: wherein the first image stabilizer includes an image sensor, wherein the second image stabilizer includes a correction lens, and wherein the third image stabilizer includes an electronic image stabilizer.
Claim 14-17 are similarly rejected on the ground of nonstatutory double patenting as being unpatentable over 1-14 of U.S. Patent Number 12,160,667 B2.
Conclusion
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/PADMA HALIYUR/Primary Examiner, Art Unit 2639 April 2, 2026