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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwamoto, US 2014/0218566.
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).
In regard to claim 2, Iwamoto, US 2014/0218566, discloses the control apparatus according to claim 1, 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, discloses the control apparatus according to claim 2, 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, discloses the control apparatus according to claim 2, 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, discloses the control apparatus according to claim 2, 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, discloses the control apparatus according to claim 2, 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, discloses the control apparatus according to claim 2, 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, discloses the control apparatus according to claim 1, 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).
In regard to claim 13, since Iwamoto, US 2014/0218566, 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).
Claim Rejections - 35 USC § 103
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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto, US 2014/0218566, in view of Oishi, US 8,218,026.
In regard to claim 8, Iwamoto, US 2014/0218566, 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 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 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 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).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0044753, discloses a camera with an automatic mode and a manual mode. US 10,728,464, discloses an imaging device with two continuous shooting modes. US 2012/0307103, discloses an imaging device that creates composite images.
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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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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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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