DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Amendments
2. The Examiner acknowledges the amended claims filed on 08/26/2026.
- Claims 1-20 have been cancelled.
- Claims 21-40 have been added.
Response to Arguments
3. Applicant's arguments filed on 08/26/2026 with respect to claims 21-40 have been considered, but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Specification
4. The amended title filed on 08/26/2026 has been accepted and made of record.
Double Patenting
5. 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 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 nonstatutory 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 nonstatutory 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.
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6. Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-19 of U.S. Patent No. 12,184,819.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are both claiming substantially the same features.
Note the following similarities between the application claims and the patent claims.
Instant Application No. 18/953,433
US Patent 12,184,819
Claim 21
An imaging apparatus, comprising:
a camera configured to capture an image of a subject and generate a captured image;
a storage;
a display; and
a processor, wherein the processor is configured to:
generate a title image in accordance with the captured image,
the title image includes a display title and doesn't include any pixel data which is partially or fully copied from the captured image;
store the title image in the storage;
generate a thumbnail image using pixel data which is partially copied from the captured image;
generate a compressed image from the captured image;
store both the compressed image and the thumbnail image in the storage after storing the title image; and
instruct the display to display the thumbnail image and the title image, which are retrieved from the storage, in the form of a list view,
wherein the title image is displayed simultaneously with and adjacent to at least one image which is the stored thumbnail image corresponding to the title image or one of other stored thumbnail images in the storage which corresponds to the title image, respectively.
Claim 9
An imaging apparatus, comprising:
a camera configured to capture an image of a subject and generate a temporary image;
a storage;
a display;
a processor: wherein the processor is configured to:
generate a title image in accordance with the temporary image and stored images in the storage,
the title image includes a display title and is generated separately from the temporary image;
store the title image in the storage;
generate a thumbnail image from the temporary image…
claim 9, line 3:
“…generate a temporary image…”
Cont. of claim 9, line 14
store the temporary image and the thumbnail image in the storage after storing the title image;
instruct the display to display the stored thumbnail image and the title image stored in the storage in the form of a list view;
wherein the title image is displayed simultaneously with and adjacent to at least one image which is the stored thumbnail image corresponding to the title image or one of other stored thumbnail images in the storage which corresponds to the title image, respectively.
Claim 22
The imaging apparatus according to claim 21, wherein the processor is further configured to: hierarchically generate the title image in accordance with a priority set to a type of display title for classifying the captured image; and control the display to display the title image in accordance with the priority.
Claim 10
The imaging apparatus according to claim 9, wherein the processor is further configured to: hierarchically generate the title image in accordance with a priority set to a type of display title for classifying the temporary image; and control the display to display the title image in accordance with the priority.
Claim 23
The imaging apparatus according to claim 22, wherein the storage is further configured to store a title image control table in which the type of display title and the priority of the display title are defined, and wherein the processor is further configured to generate the title image in accordance with the title image control table.
Claim 11
The imaging apparatus according to claim 10, wherein the storage is further configured to store a title image control table in which the type of display title and the priority of the display title are defined, and wherein the processor is further configured to generate the title image in accordance with the title image control table.
Claim 24
The imaging apparatus according to claim 23 wherein a design of the title image, determined in accordance with the title image control table, varies at least a size of the title image, a character size in the title image, a background color of the title image, or a resolution of the title image.
Claim 12
The imaging apparatus according to claim 11, wherein a design of the title image, generated in accordance with the title image control table, varies at least a size of the title image, a character size in the title image, a background color of the title image, or a resolution of the title image.
Claim 25
The imaging apparatus according to claim 23,
wherein the title image control table further includes a title image generation flag indicating whether or not the title image is displayed and a title image synthesis flag indicating whether or not the title image is generated by synthesis with another title image.
Claim 13
The imaging apparatus according to claim 11, wherein the title image control table further includes a title image generation flag indicating whether or not the title image is displayed and a title image synthesis flag indicating whether or not the title image is generated by synthesis with another title image.
Claim 26
The imaging apparatus according to claim 21, wherein the processor is further configured to generate the title image when the display title, determined by date, time or location of photographing, of the title image is different from each display title of other title images in the storage.
Claim 15
The imaging apparatus according to claim 9, wherein the processor is further configured to generate the title image when the display title, determined by date, time or location of photographing, of the title image is different from each display title of other title images in the storage.
Claim 27
The imaging apparatus according to claim 21,
wherein the display title is related to at least people, and wherein the processor is further configured to generate the title image, when a person of a family is identified in the captured image and no title image including the display title related to the person of the family is generated.
Claim 16
The imaging apparatus according to claim 9, wherein the display title is related to at least people, and wherein the processor is further configured to generate the title image, when a person of a family is identified in the temporary image and no title image including the display title related to the person of the family is generated.
Claim 28
The imaging apparatus according to claim 21, wherein, when the title image displayed on the display in the form of a list view is selected, the processor is further configured to search for the thumbnail image classified by the selected title image and highlight the searched thumbnail image.
Claim 17
The imaging apparatus according to claim 9, wherein the processor is further configured to search for desired thumbnail images.
Claim 18
The imaging apparatus according to claim 17, wherein, when the title image displayed on the display in the form of a list view is selected, the processor is further configured to highlight and display at least one thumbnail image classified by the selected title image.
Claim 29
The imaging apparatus according to claim 22
wherein, when an operation to change the priority of the title image displayed on the display in the form of a list view is received, the processor is further configured to rearrange displaying order of the title image and the other title images to be displayed on the display in the form of a list view, in accordance with the changed priority.
Claim 14
The imaging apparatus according to claim 10, wherein, when an operation to change the priority of the title image displayed on the display in the form of a list view is received, the processor is further configured to rearrange the stored thumbnail image and the other stored thumbnail images and the title image and other title images to be displayed on the display in the form of a list view, in accordance with the changed priority.
Claim 30
The imaging apparatus according to claim 21, wherein the processor is further configured to: identify a type of subject included in the captured image and determine a type of the display title based on the type of subject; and generate the title image when the determined type of the display title is different from each type of display titles of other title images.
Claim 19
The imaging apparatus according to claim 9, wherein the processor is further configured to: identify a type of subject in the temporary image and determine a type of the display title based on the type of subject; and generate the title image when the determined type of the display title is different from each type of display titles of other title images.
Claim 31
A method of operating an imaging apparatus, the method comprising the steps of:
capturing an image of a subject and
generating a captured image, generating a title image in accordance with the captured image,
the title image includes a display title and doesn't include any pixel data which is partially or fully copied from the captured image;
storing the title image;
generating a thumbnail image using pixel data which is partially copied from the captured image;
generating a compressed image from the captured image;
storing both the compressed image and the thumbnail image after the title image has been stored;
retrieving the title image and the thumbnail image; and displaying the retrieved thumbnail image and the retrieved title image in the form of a list view,
wherein the title image is displayed simultaneously with and adjacent to at least one image which is the stored thumbnail image corresponding to the title image or one of other stored thumbnail images in the storage which corresponds to the title image.
Claim 9
An imaging apparatus, comprising:
a camera configured to capture an image of a subject and generate a temporary image; a storage; a display; a processor: wherein the processor is configured to:
generate a title image in accordance with the temporary image and stored images in the storage,
the title image includes a display title and is generated separately from the temporary image;
store the title image in the storage;
generate a thumbnail image from the temporary image…
claim 9, line 3:
“…generate a temporary image…”
Cont. of claim 9, line 14
store the temporary image and the thumbnail image in the storage after storing the title image;
instruct the display to display the stored thumbnail image and the title image stored in the storage in the form of a list view;
wherein the title image is displayed simultaneously with and adjacent to at least one image which is the stored thumbnail image corresponding to the title image or one of other stored thumbnail images in the storage which corresponds to the title image, respectively.
Claim 32
The method according to claim 31, further comprising the steps of:
hierarchically generating the title image in accordance with a priority set to a type of display title for classifying the captured image; and displaying the title image in accordance with the priority.
Claim 10
The imaging apparatus according to claim 9, wherein the processor is further configured to: hierarchically generate the title image in accordance with a priority set to a type of display title for classifying the temporary image; and control the display to display the title image in accordance with the priority.
Claim 33
The method according to claim 32, further comprising the steps of: storing a title image control table in which the type of display title and the priority of the display title are defined; and generating the title image in accordance with the title image control table.
Claim 11
The imaging apparatus according to claim 10, wherein the storage is further configured to store a title image control table in which the type of display title and the priority of the display title are defined, and wherein the processor is further configured to generate the title image in accordance with the title image control table.
Claim 34
The method according to wherein a design of the title image, determined in accordance with the title image control table, varies at least a size of the title image, a character size in the title image, a background color of the title image, or a resolution of the title image.
Claim 12
The imaging apparatus according to claim 11, wherein a design of the title image, generated in accordance with the title image control table, varies at least a size of the title image, a character size in the title image, a background color of the title image, or a resolution of the title image.
Claim 35
The method according to wherein the title image control table further includes a title image generation flag indicating whether or not the title image is displayed and a title image synthesis flag indicating whether or not the title image is generated by synthesis with another title image.
Claim 13
The imaging apparatus according to claim 11, wherein the title image control table further includes a title image generation flag indicating whether or not the title image is displayed and a title image synthesis flag indicating whether or not the title image is generated by synthesis with another title image.
Claim 36
The method according to claim 31, further comprising the step of: generating the title image when the display title, determined by date, time or location of photographing, of the title image is different from each display title of other title images.
Claim 15
The imaging apparatus according to claim 9, wherein the processor is further configured to generate the title image when the display title, determined by date, time or location of photographing, of the title image is different from each display title of other title images in the storage.
Claim 37
The method according to wherein the display title is related to at least people, and wherein the title image is generated when a person of a family is identified in the captured image and no title image including the display title related to the person of the family has been generated.
Claim 16
The imaging apparatus according to claim 9, wherein the display title is related to at least people, and wherein the processor is further configured to generate the title image, when a person of a family is identified in the temporary image and no title image including the display title related to the person of the family is generated.
Claim 38
The method according to claim 31, further comprising the step of: when the title image displayed in the form of a list view is selected, searching for the thumbnail image classified by the selected title image and highlighting the searched thumbnail image.
Claim 17
The imaging apparatus according to claim 9, wherein the processor is further configured to search for desired thumbnail images.
Claim 18
The imaging apparatus according to claim 17, wherein, when the title image displayed on the display in the form of a list view is selected, the processor is further configured to highlight and display at least one thumbnail image classified by the selected title image.
Claim 39
The method according to claim 32, further comprising the step of: when an operation to change the priority of the title image displayed in the form of a list view is received, rearranging a displaying order of the title image and the other title images to be displayed on the display in the form of a list view, in accordance with the changed priority.
Claim 14
The imaging apparatus according to claim 10, wherein, when an operation to change the priority of the title image displayed on the display in the form of a list view is received, the processor is further configured to rearrange the stored thumbnail image and the other stored thumbnail images and the title image and other title images to be displayed on the display in the form of a list view, in accordance with the changed priority.
Claim 40
The method according to claim 31, further comprising the steps of: identifying a type of subject included in the captured image and determining a type of the display title based on the type of subject; and generating the title image when the determined type of the display title is different from each type of display titles of other title images.
Claim 19
The imaging apparatus according to claim 9, wherein the processor is further configured to: identify a type of subject in the temporary image and determine a type of the display title based on the type of subject; and generate the title image when the determined type of the display title is different from each type of display titles of other title images
Conclusion
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA CALDERON whose telephone number is (571)270-3580. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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/CYNTHIA CALDERON/Primary Examiner, Art Unit 2639 09/14/2026
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