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 .
Response to Arguments
Applicant’s arguments, see amendment, filed 6/18/26, with respect to the rejection(s) of claim(s) 1-13 under 35 U.S.C. 102 and 103 rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tsuihiji et al., US 2020/0364912.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7 and 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912.
In regard to claim 1, Iwamoto, US 2014/0218566, discloses a control apparatus comprising:
a processor (see figure 1, element 9) configured to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and combining the plurality of images into a single image (see para 86 and 90-101 and figure 2),
wherein an output of an output unit during imaging executing the first processing in a first mode (automatic selection process) for automatically determining whether or not to execute the first processing is different from that during imaging executing the first processing in a second mode (manual selection process) (see figure 10, 12, and 13 and para 153-154, 160-166, and 175-179).
Tsuihiji et al., US 2020/0364912, discloses a processor (see figure 1, element 107 and para 19) configured to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and generating a single composite image by combining the aligned plurality of images (see figure 5 and para 74-83).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to have been motivated to modify the image processor of Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and generating a single composite image by combining the aligned plurality of images, in order to improve the image quality of the output image.
In regard to claim 2, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 1. The Iwamoto reference discloses wherein the output unit includes a display unit configured to sequentially display the plurality of images during imaging executing the first processing (see figure 17, step S609 and para 208).
In regard to claim 3, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 2. The Iwamoto reference discloses wherein a display method of the display unit during imaging executing the first processing in the first mode (see figure 10, element S108-S110: no display) is different from that during imaging executing the first processing in the second mode (see figure 10, step S109 and para 167).
In regard to claim 4, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 2. The Iwamoto reference discloses wherein in a case where the first processing is determined to be executed in the first mode, the processor is configured not to sequentially display the plurality of images on the display unit during imaging (see figure 10, step S109 and para 167: in the first mode there is no displaying and the imaging are displayed in the second mode).
In regard to claim 5, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 2. The Iwamoto reference discloses wherein in a case where the first processing is determined not to be executed in the first mode, the processor is configured to display on the display unit an image captured before the single imaging instruction (see figure 17, step S609 and para 208).
In regard to claim 6, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 2. The Iwamoto reference discloses wherein in a case where the first processing is determined to be executed in the first mode, the processor is configured to display the plurality of images on the display unit in changed display sizes (see figure 17, step S609 and para 208).
In regard to claim 7, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 2. The Iwamoto reference discloses wherein the processor is configured to perform second processing for performing imaging with an exposure time longer than a predetermined time (see para 167), and wherein a display method of the display unit during imaging executing one of the first processing and the second processing in the first mode is different from that during imaging executing the one in the second mode (see figure 10, step S109 and para 167: in the first mode there is no displaying and the imaging are displayed in the second mode).
In regard to claim 11, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 1. The Iwamoto reference discloses wherein the second mode is a mode in which the first processing is executed according to an instruction by a user (see para 159).
In regard to claim 12, Iwamoto, US 2014/0218566, discloses an image pickup apparatus comprising:
an image sensor (see figure 2, element 4 and para 83);
a processor (see figure 1, element 9) configured to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and combining the plurality of images into a single image (see para 86 and 90-101 and figure 2); and
an output unit, wherein an output of an output unit during imaging executing the first processing in a first mode (automatic selection process) for automatically determining whether or not to execute the first processing is different from that during imaging executing the first processing in a second mode (manual selection process) (see figure 10, 12, and 13 and para 153-154, 160-166, and 175-179).
Tsuihiji et al., US 2020/0364912, discloses a processor (see figure 1, element 107 and para 19) configured to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and generating a single composite image by combining the aligned plurality of images (see figure 5 and para 74-83).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to have been motivated to modify the image processor of Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, to perform first processing for continuously shooting a plurality of images with a single imaging instruction, aligning the plurality of images, and generating a single composite image by combining the aligned plurality of images, in order to improve the image quality of the output image.
In regard to claim 13, since Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus and its operation as described above it claim 1, the method of claim 13 is also disclosed (see claim 1 above).
In regard to claim 14, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses an control apparatus according to claim 1. The Tsuihiji reference discloses wherein the processor is configured to perform second processing (uncombined image processing) for shooting an image with a first exposure time (see para 38-39), wherein the first processing (combined image processing) is processing for image stabilization using image combination, and includes shooting the plurality of images such that a total exposure time of the plurality of images is the first exposure time (see para 43), and wherein the first mode is a mode in which the processor automatically determines whether to execute the first processing or the second processing (see para 77-80).
In regard to claim 15, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses an control apparatus according to claim 1. The Tsuihiji reference discloses wherein, in the first processing, the processor is configured to spatially align the plurality of images with each other (see para 43).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, as applied to claim 1 above, and further in view of in view of Oishi, US 8,218,026.
In regard to claim 8, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses the control apparatus according to claim 1. The Iwamoto reference does not specifically disclose wherein the output unit includes a sound playback unit configured to play back a sound.
Oishi, US 8,218,026, discloses an imaging device with a microphone 17 to record sounds with images and a loudspeaker 35 to playback sounds with images (see column 5, lines 4-14 and column 7, lines 45-63).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to have been motivated to modify Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, and further in view of Oishi, US 8,218,026, to have a microphone and loudspeaker wherein the output unit includes a sound playback unit configured to play back a sound, in order to hear the audio captured with the image for a better user experience.
In regard to claim 9, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, and further in view of Oishi, US 8,218,026, discloses the control apparatus according to claim 8. The Oishi reference discloses wherein the sound played back by the sound playback unit during imaging executing the first processing in the first mode is different from that during imaging executing the first processing in the second mode (see column 5, lines 4-14 and column 7, lines 45-63: the sound corresponds to the image with each image plated back in either mode changes to a different sound).
In regard to claim 10, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, and further in view of Oishi, US 8,218,026, discloses the control apparatus according to claim 8. The Oishi reference discloses wherein the processor is configured to change the sound played back by the sound playback unit during imaging executing the first processing in the first mode (see column 5, lines 4-14 and column 7, lines 45-63: the sound corresponds to the image with each image plated back in either mode changes to a different sound).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, as applied to claim 1 above, and further in view of in view of Watanabe et al., US 2012/0133786.
In regard to claim 16, Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, discloses an control apparatus according to claim 1. The Iwamoto and Tsuihiji references do not specifically disclose wherein, in the first processing, the processor is configured to align the plurality of images using motion vectors among the plurality of images.
Watanabe et al., US 2012/0133786, discloses that it is well known in the art to have an image processing device that produces a combined image wherein the processor is configured to align the plurality of images using motion vectors among the plurality of images (see para 143).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention (AIA ) to have been motivated to modify Iwamoto, US 2014/0218566, in view of Tsuihiji et al., US 2020/0364912, and further in view of in view of Watanabe et al., US 2012/0133786 wherein, in the first processing, the processor is configured to align the plurality of images using motion vectors among the plurality of images, in order to create a high quality, aligned combined image.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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