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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Amendments
Acknowledgment of receiving amendments to the claims, which were received by the Office on 07/14/2026.
Response to Arguments
Applicant's arguments filed 07/14/2026 have been fully considered but they are not persuasive.
In that remarks, applicant argues in substance:
Applicant argues: “UEDA describes an image pickup apparatus in which a user can arbitrarily set a shutter speed (paragraph [0024]). Ueda further discloses setting an exposure time for each divided exposure (paragraph [0027]), performing divided exposure according to the set division time (paragraph [0028]), and, while sequentially compositing a predetermined number of divided exposure images until completion of image capture, recording and saving each pre-composition image in the recording medium 15 (paragraph [0030]).
However, UEDA does not disclose the configuration described in the presently amended claim. In particular, even assuming, that the Examiner alleges the history images corresponding to, for example, 1 sec, 2 sec, and 3 sec in Fig. 3 of Ueda as corresponding to the respective exposure times of the claimed invention, UEDA would still merely describe saving history images that are sequentially generated as divided exposure progresses. Such a disclosure does not lead to the claimed invention.
Furthermore, UEDA merely describes that the user sets an exposure time for each divided exposure and that divided exposure is performed according to the set divided exposure time. UEDA neither teaches nor suggests determining a divided exposure time such that images corresponding to a plurality of preset exposure times to be saved can be generated, as required by the claimed invention.”
Examiner’s Response: Examiner respectfully disagrees. Claim language recites “a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more…”. Claim language does not limit how a split exposure time is determined. Therefore, System control circuit 18 determining the division time based on the user input of a division time is considered to be the processor functioning as “a determining unit that determines a split exposure time…” (Ueda, Fig. 2, Step S2, Paragraph 0027). Alternatively, Ueda recites “Note that the settings for the exposure time for each division may be determined by setting the shutter speed and the number of divisions, in addition to the method described above.”. Therefore, Ueda teaches the split exposure time (“exposure time for each division”/ division time) is determined based on the shutter speed and the number of divisions.
Further, Ueda is seen to teach an exposure time setting unit that, in response to a user operation (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, Shutter speed (exposure time) and division time or shutter speed and number of divisions are input by a user operation.), sets a first exposure time and at least two exposure times which are different from the first exposure time and use the first exposure time as a reference (Ueda, Figs. 3 and 6, Paragraph 0024, 0027 and 0039, In Fig. 3, the first exposure time and at least two exposure times may be exposure times of 1sec, 2sec and 3sec. In Fig. 6, they may be Tnsec, Tn+1sec and Tn+2sec), in order to save an image equivalent to an image obtained by an exposure for the first exposure time and images equivalent to images obtained by exposures for the at least two exposure times (Ueda, Figs. 3 and 6, images equivalent to the first exposure time and at least two exposure times are saved in the recording medium.) in response to one photographing instruction (Ueda, Fig. 2, Step S3, Paragraph 0028);
a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, The split exposure time may be determined directly from the user input of a division time or determined based on the shutter speed and the number of divisions. A number of times of consecutive photographing may be determined directly from the user input of a number of divisions or based on the division time and shutter speed (exposure time).) corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit (Ueda, Figs. 3 and 6, Paragraphs 0029-0030, The at least two exposure time images are generated by compositing at least part of a plurality of split exposure images.).
Therefore, the claim language is seen to be disclosed by Ueda.
Applicant argues: “MORI, on the other hand, describes setting screens for an exposure correction value and an AEB correction value, a bracketing order, and the number of images to be captured in auto bracketing, thereby allowing a reference exposure correction value together with negative and positive correction values to be set. Thus, MORI is directed only to setting exposure correction conditions for auto bracketing. MORI neither teaches nor suggests determining a divided exposure time and the number of consecutive photographs based on a plurality of preset exposure times, compositing divided exposure images, and saving composite images corresponding to the respective exposure times, as required by the claimed invention.”
Examiner’s Response: Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Ueda is relied on to disclose determining a divided exposure time and the number of consecutive photographs based on a plurality of preset exposure times, compositing divided exposure images, and saving composite images corresponding to the respective exposure times (Ueda, Figs. 3 and 6, Paragraph 0026-0030 and 0042-0044).
Applicant argues: “Accordingly, MORI merely relates to setting exposure correction conditions for auto bracketing, whereas UEDA merely discloses saving history images that are sequentially generated during divided exposure. Even if the teachings of UEDA and MORI were combined, the combination would merely result in a configuration in which auto bracketing settings are used together with the saving of history images generated during divided exposure. Such a combination would not have led one of ordinary skill in the art to the claimed invention, in which images corresponding to a plurality of exposure times are generated from a plurality of divided exposure images obtained through a single series of consecutive photographing in response to a single photographing instruction, and in which the divided exposure time and the number of consecutive photographs are determined such that the images corresponding to the plurality of exposure times can be generated by compositing at least a portion of the divided exposure images.”
Examiner’s Response: Examiner respectfully disagrees. Applicant has provided no reasoning as to why a combination of Mori and Ueda would not have led one of ordinary skill in the art to the claimed invention. Mori discloses capturing a plurality of images with different exposure times including images with a first exposure time and at least two exposure times, which are different from the first exposure time (Mori, Paragraphs 0005, 0054 and 0086). Ueda discloses images corresponding to a plurality of exposure times are generated from a plurality of divided exposure images obtained through a single series of consecutive photographing in response to a single photographing instruction, and in which the divided exposure time and the number of consecutive photographs are determined such that the images corresponding to the plurality of exposure times can be generated by compositing at least a portion of the divided exposure images (Ueda, Figs. 3 and 6, Paragraph 0026-0030 and 0042-0044). The combination of Mori and Ueda is seen to capture the plurality of images with different exposure times of Mori using the method of capture and saving the plurality of images with different exposure times as seen in Ueda. Therefore, the claim language is met.
In detail, Mori teaches an exposure time setting unit that, in response to a user operation (Mori, Paragraph 0053), sets a first exposure time (Mori, Fig. 9A, index 901, Paragraphs 0053 and 0056, The first exposure time is the exposure reference value.) and at least two exposure times, which are different from the first exposure time and use the first exposure time as a reference (Mori, Fig. 9, index 902 and 903, Paragraph 0056), in order to save an image equivalent to an image obtained by an exposure for the first exposure time and images equivalent to images obtained by exposures for the at least two exposure times in response to one photographing instruction (Paragraphs 0005, 0086 and 0089);
an exposure unit that performs the consecutive photographing with the image pickup unit based on a first exposure time, at least two exposure times and a number of times of the consecutive photographing that have been determined, and generates a plurality of images (Mori, Paragraph 0086); and
a saving unit that saves the plurality of images in accordance with the first exposure time and the at least two exposure times (Mori, Fig. 3, memory 30, Paragraph 0045 and 0086).
However, Mori does not teach a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit; a split exposure unit that performs the consecutive photographing with the image pickup unit based on the split exposure time and the number of times of the consecutive photographing of four or more that have been determined, and generates a plurality of split exposure images; a compositing unit that composites the plurality of split exposure images generated by the split exposure unit in accordance with the first exposure time and the at least two exposure times that have been set by the exposure time setting unit to generate composite images; and a saving unit that saves the plurality of split exposure images and the composite images composited by the compositing unit in accordance with the first exposure time and the at least two exposure times.
Ueda teaches a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, The split exposure time may be determined based on the shutter speed and the number of divisions. A number of times of consecutive photographing may be determined directly from the user input of a number of divisions or based on the division time and shutter speed (exposure time).) corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit (Ueda, Figs. 3 and 6, Paragraphs 0029-0030, The at least two exposure time images are generated by compositing at least part of a plurality of split exposure images.)
a split exposure unit that performs the consecutive photographing with the image pickup unit based on the split exposure time and the number of times of the consecutive photographing of four or more that have been determined, and generates a plurality of split exposure images (Ueda, Figs. 3 and 6, Paragraph 0026-0029 and 0042-0044, The split exposure time is the divided exposure time.);
a compositing unit that composites the plurality of split exposure images generated by the split exposure unit in accordance with the first exposure time and the at least two exposure times that have been set by the exposure time setting unit to generate composite images (Ueda, Figs. 3 and 6, image composition processing part 33, Paragraph 0030 and 0045); and
a saving unit that saves the plurality of split exposure images and the composite images composited by the compositing unit in accordance with the first exposure time and the at least two exposure times (Ueda, Figs. 3 and 6, recoding medium 15, Paragraphs 0031 and 0046).
These arts are analogous since they are both related to capturing multiple images with different exposure times. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Mori with the method of capturing images of different exposures by combining shorter exposure frames as seen in Ueda to prevent the occurrence of failed images when capturing images (Ueda, Paragraph 0007).
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, 6 and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueda (US 2012/0002098 A1).
Regarding claim 1, Ueda teaches an image pickup apparatus (Ueda, Fig. 1) that comprises an image pickup unit which picks up an image of a subject (Ueda, Fig. 1, imaging element 3, Paragraph 0019), comprising:
at least one processor (Ueda, Fig. 1, system control circuit 18, image processing circuit 23, Paragraph 0022); and
a memory coupled to the processor storing instructions that (Ueda, Paragraph 0051), when executed by the processor, cause the processor to function as:
an exposure time setting unit that, in response to a user operation (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, Shutter speed (exposure time) and division time or shutter speed and number of divisions are input by a user operation.), sets a first exposure time and at least two exposure times which are different from the first exposure time and use the first exposure time as a reference (Ueda, Figs. 3 and 6, Paragraph 0024, 0027 and 0039, In Fig. 3, the first exposure time and at least two exposure times may be exposure times of 1sec, 2sec and 3sec. In Fig. 6, they may be Tnsec, Tn+1sec and Tn+2sec), in order to save an image equivalent to an image obtained by an exposure for the first exposure time and images equivalent to images obtained by exposures for the at least two exposure times (Ueda, Figs. 3 and 6, images equivalent to the first exposure time and at least two exposure times are saved in the recording medium.) in response to one photographing instruction (Ueda, Fig. 2, Step S3, Paragraph 0028);
a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, The split exposure time may be determined directly from the user input of a division time or determined based on the shutter speed and the number of divisions. A number of times of consecutive photographing may be determined directly from the user input of a number of divisions or based on the division time and shutter speed (exposure time).) corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit (Ueda, Figs. 3 and 6, Paragraphs 0029-0030, The at least two exposure time images are generated by compositing at least part of a plurality of split exposure images.)
a split exposure unit that performs the consecutive photographing with the image pickup unit based on the split exposure time and the number of times of the consecutive photographing of four or more that have been determined, and generates a plurality of split exposure images (Ueda, Figs. 3 and 6, Paragraph 0026-0029 and 0042-0044, The split exposure time is the divided exposure time.);
a compositing unit that composites the plurality of split exposure images generated by the split exposure unit in accordance with the first exposure time and the at least two exposure times that have been set by the exposure time setting unit to generate composite images (Ueda, Figs. 3 and 6, image composition processing part 33, Paragraph 0030 and 0045); and
a saving unit that saves the plurality of split exposure images and the composite images composited by the compositing unit in accordance with the first exposure time and the at least two exposure times (Ueda, Figs. 3 and 6, recoding medium 15, Paragraphs 0031 and 0046).
Claims 8-12 are rejected for the same reasons as claim 1.
Regarding claim 6, Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), wherein when performing the consecutive photographing, the split exposure unit keeps an image pickup surface of the image pickup unit in an exposed state without a non-exposed period (Ueda, Paragraph 0029, “Alternatively, in order to reduce the time lag between each division, the divided exposure may be carried out by opening the shutter 6 during slow shutter speed capturing and employing an electronic shutter function of the imaging element 3.”, The shutter 6 may be opened (exposed state) for the entire image capture.).
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (US 2012/0002098 A1) in view of Hamamura et al. (US 2007/0229699 A1).
Regarding claim 7, Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis). However, Ueda does not teach wherein the compositing unit performs compositing by using any one of an additive compositing method, an additive average compositing method, a comparative light compositing method, and a comparative dark compositing method.
In reference to Hamamura et al. (hereafter referred as Hamamura), Hamamura teaches wherein the compositing unit performs compositing by using any one of an additive compositing method (Hamamura, Fig. 5, Paragraph 0060).
These arts are analogous since they are both related to imaging devices combining frames of exposures. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Ueda with the teaching of compositing by using an additive compositing method as seen in Hamamura since it is a known method of image compositing and would provide similar and expected results to produce images of cumulative exposure.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (US 2012/0002098 A1) in view of Fukuda (US 2020/0014862 A1).
Regarding claim 13, Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis). However, Ueda does not teach wherein the compositing unit generates the composite images according to an additive average compositing method by averaging luminance values of the split exposure images for each pixel.
In reference to Fukuda, Fukuda teaches generating composite images according to an additive average compositing method by averaging luminance values of split exposure images for each pixel (Fukuda, Paragraphs 0115, 0189, 0191 and 0193).
These arts are analogous since they are both related to imaging devices combining frames of exposures. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Ueda with the teaching of compositing by using an additive average compositing as seen in Hamamura since it is a known method of image compositing and would provide similar and expected results to produce images of cumulative exposure.
Regarding claim 14, the combination of Ueda and Fukuda teaches the image pickup apparatus according to claim 13 (see claim 13 analysis), wherein when a split exposure image or a composite image has reached a save setting time corresponding to either the first exposure time or any one of the at least two exposure times, the saving unit saves the split exposure image or the composite image that has reached the save setting time (Ueda, Figs. 3 and 6, Step S6, Paragraph 0031 and 0047, The save setting time is considered to be the shutter speed (exposure time) and is considered to be corresponding to the first exposure time and the at least two exposure times. The last final composite image is the composite image that has reached the save setting time.), and
the split exposure unit performs the consecutive photographing with the image pickup unit until all images to be saved that have reached save setting times corresponding to the first exposure time and the at least two exposure times have been saved (Ueda, Figs. 3 and 6, Step S6, Paragraph 0031 and 0047).
Claim(s) 1-6, 8-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori (US 2012/0274806 A1) in view of Ueda (US 2012/0002098 A1).
Regarding claim 1, Mori teaches an image pickup apparatus (Mori, Fig. 3) that comprises an image pickup unit which picks up an image of a subject (Mori, Fig. 3, imaging sensor 14, Paragraph 0035), comprising:
at least one processor (Mori, Fig. 3, system control circuit 50, Paragraph 0047); and
a memory coupled to the processor storing instructions that (Mori, Paragraph 0047), when executed by the processor, cause the processor to function as:
an exposure time setting unit that, in response to a user operation (Mori, Paragraph 0053), sets a first exposure time (Mori, Fig. 9A, index 901, Paragraphs 0053 and 0056, The first exposure time is the exposure reference value.) and at least two exposure times, which are different from the first exposure time and use the first exposure time as a reference (Mori, Fig. 9, index 902 and 903, Paragraph 0056), in order to save an image equivalent to an image obtained by an exposure for the first exposure time and images equivalent to images obtained by exposures for the at least two exposure times in response to one photographing instruction (Paragraphs 0005, 0086 and 0089);
an exposure unit that performs the consecutive photographing with the image pickup unit based on a first exposure time, at least two exposure times and a number of times of the consecutive photographing that have been determined, and generates a plurality of images (Mori, Paragraphs 0005, 0054 and 0086); and
a saving unit that saves the plurality of images in accordance with the first exposure time and the at least two exposure times (Mori, Fig. 3, memory 30, Paragraph 0045 and 0086).
However, Mori does not teach a determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit; a split exposure unit that performs the consecutive photographing with the image pickup unit based on the split exposure time and the number of times of the consecutive photographing of four or more that have been determined, and generates a plurality of split exposure images; a compositing unit that composites the plurality of split exposure images generated by the split exposure unit in accordance with the first exposure time and the at least two exposure times that have been set by the exposure time setting unit to generate composite images; and a saving unit that saves the plurality of split exposure images and the composite images composited by the compositing unit in accordance with the first exposure time and the at least two exposure times.
In reference to Ueda, Ueda teaches determining unit that determines a split exposure time and a number of times of consecutive photographing of four or more such that images (Ueda, Fig. 2, Step S2, Paragraph 0027-0028, The split exposure time may be determined based on the shutter speed and the number of divisions. A number of times of consecutive photographing may be determined directly from the user input of a number of divisions or based on the division time and shutter speed (exposure time).) corresponding respectively to the first exposure time and the at least two exposure times that have been set by the exposure time setting unit can be generated by compositing at least part of a plurality of split exposure images obtained through a series of consecutive photographing performed by the image pickup unit (Ueda, Figs. 3 and 6, Paragraphs 0029-0030, The at least two exposure time images are generated by compositing at least part of a plurality of split exposure images.)
a split exposure unit that performs the consecutive photographing with the image pickup unit based on the split exposure time and the number of times of the consecutive photographing of four or more that have been determined, and generates a plurality of split exposure images (Ueda, Figs. 3 and 6, Paragraph 0026-0029 and 0042-0044, The split exposure time is the divided exposure time.);
a compositing unit that composites the plurality of split exposure images generated by the split exposure unit in accordance with the first exposure time and the at least two exposure times that have been set by the exposure time setting unit to generate composite images (Ueda, Figs. 3 and 6, image composition processing part 33, Paragraph 0030 and 0045); and
a saving unit that saves the plurality of split exposure images and the composite images composited by the compositing unit in accordance with the first exposure time and the at least two exposure times (Ueda, Figs. 3 and 6, recoding medium 15, Paragraphs 0031 and 0046).
These arts are analogous since they are both related to capturing multiple images with different exposure times. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Mori with the method of capturing images of different exposures by combining shorter exposure frames as seen in Ueda to prevent the occurrence of failed images when capturing images (Ueda, Paragraph 0007).
Claims 8-12 are rejected for the same reasons as claim 1.
Regarding claim 2, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), wherein
the exposure time setting unit includes an additional exposure time setting section that, in response to a user operation, sets additionally-set exposure times to both a short exposure time side and a long exposure time side at a predetermined setting interval by using the first exposure time as a reference (Mori, Fig. 8C, Paragraph 0064), and
the at least two exposure times include two additionally-set exposure times that have been set by the additional exposure time setting section (Mori, Fig. 8C, Paragraph 0064).
Regarding claim 3, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 2 (see claim 2 analysis), wherein
the additional exposure time setting section includes a first interval changing section that increases the predetermined setting interval at a pitch of a predetermined exposure value in response to a user operation (Mori, Fig. 10, Paragraphs 0057-0059), and
a second interval changing section that decreases the predetermined setting interval at a pitch of the predetermined exposure value in response to a user operation (Mori, Fig. 10, Paragraphs 0057-0059).
Regarding claim 4, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), wherein
the exposure time setting unit includes a short-exposure-time side exposure time setting section that, in response to a user operation, sets two or more additionally-set exposure times at a pitch of a predetermined exposure value to a short exposure time side than the first exposure time (Mori, Fig. 8C, Paragraph 0064), and
the at least two exposure times include the two or more additionally-set exposure times that have been set by the short-exposure-time side exposure time setting section (Mori, Fig. 8C, Paragraph 0064).
Regarding claim 5, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), wherein
the exposure time setting unit includes a long-exposure-time side exposure time setting section that, in response to a user operation, sets two or more additionally-set exposure times at a pitch of a predetermined exposure value to a long exposure time side than the first exposure time (Mori, Fig. 8C, Paragraph 0064), and
the at least two exposure times include the two or more additionally-set exposure times that have been set by the long-exposure-time side exposure time setting section (Mori, Fig. 8C, Paragraph 0064).
Regarding claim 6, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), wherein when performing the consecutive photographing, the split exposure unit keeps an image pickup surface of the image pickup unit in an exposed state without a non-exposed period (Ueda, Paragraph 0029, “Alternatively, in order to reduce the time lag between each division, the divided exposure may be carried out by opening the shutter 6 during slow shutter speed capturing and employing an electronic shutter function of the imaging element 3.”, The shutter 6 may be opened (exposed state) for the entire image capture.).
Regarding claim 15, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis), further comprising a display unit (Mori, Fig. 1, LCD monitor unit 417, Paragraph 0030), wherein
the exposure time setting unit sets the at least two exposure times as additionally-set exposure times at a setting interval by using the first exposure time as a reference, and changes the setting interval in response to a user operation (Mori, Figs. 5, 8A, 9A and 10A, Paragraph 0056 and 0066-0068), and
the display unit displays an exposure time setting screen including the first exposure time and the additionally-set exposure times set at the setting interval (Mori, Figs. 8A, 9A and 10A).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori (US 2012/0274806 A1) in view of Ueda (US 2012/0002098 A1) in view of Hamamura et al. (US 2007/0229699 A1).
Regarding claim 7, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis). However, the combination of Mori and Ueda does not teach wherein the compositing unit performs compositing by using any one of an additive compositing method, an additive average compositing method, a comparative light compositing method, and a comparative dark compositing method.
In reference to Hamamura et al. (hereafter referred as Hamamura), Hamamura teaches wherein the compositing unit performs compositing by using any one of an additive compositing method (Hamamura, Fig. 5, Paragraph 0060).
These arts are analogous since they are all related to imaging devices. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the combination of Mori and Ueda with the teaching of compositing by using an additive compositing method as seen in Hamamura since it is a known method of image compositing and would provide similar and expected results to produce images of cumulative exposure.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori (US 2012/0274806 A1) in view of Ueda (US 2012/0002098 A1) in view of Fukuda (US 2020/0014862 A1).
Regarding claim 13, the combination of Mori and Ueda teaches the image pickup apparatus according to claim 1 (see claim 1 analysis). However, the combination of Mori and Ueda does not teach wherein the compositing unit generates the composite images according to an additive average compositing method by averaging luminance values of the split exposure images for each pixel.
In reference to Fukuda, Fukuda teaches generating composite images according to an additive average compositing method by averaging luminance values of split exposure images for each pixel (Fukuda, Paragraphs 0115, 0189, 0191 and 0193).
These arts are analogous since they are both related to imaging devices combining frames of exposures. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the combination of Mori and Ueda with the teaching of compositing by using an additive average compositing as seen in Hamamura since it is a known method of image compositing and would provide similar and expected results to produce images of cumulative exposure.
Regarding claim 14, the combination of Mori, Ueda and Fukuda teaches the image pickup apparatus according to claim 13 (see claim 13 analysis), wherein when a split exposure image or a composite image has reached a save setting time corresponding to either the first exposure time or any one of the at least two exposure times, the saving unit saves the split exposure image or the composite image that has reached the save setting time (Ueda, Figs. 3 and 6, Step S6, Paragraph 0031 and 0047, The save setting time is considered to be the shutter speed (exposure time) and is considered to be corresponding to the first exposure time and the at least two exposure times. The last final composite image is the composite image that has reached the save setting time.), and
the split exposure unit performs the consecutive photographing with the image pickup unit until all images to be saved that have reached save setting times corresponding to the first exposure time and the at least two exposure times have been saved (Ueda, Figs. 3 and 6, Step S6, Paragraph 0031 and 0047).
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 WESLEY JASON CHIU whose telephone number is (571)270-1312. The examiner can normally be reached Mon-Fri: 8am-4pm.
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, Twyler Haskins can be reached at (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WESLEY J CHIU/ Examiner, Art Unit 2639
/TWYLER L HASKINS/ Supervisory Patent Examiner, Art Unit 2639
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