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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/7/25, 7/3/25 and 8/13/25 are in compliance with the provisions of 37 CFR 1.97. 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 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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Claims 21, 27-29 and 34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 12,216,387. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding claim 21 and 30 of the instant application:
Claim 30 (narrower version of claim 21):
A system, comprising: a camera comprising: an image sensor;
a lens barrel comprising one or more optical elements including one or more
refractive lenses, wherein the one or more refractive lenses are configured to refract light received from an object field to form an image at an image plane at a surface of the image sensor, and
wherein the light received from the object field is received through a camera aperture; and
a recording indicator comprising one or more light sources; and
memory for storing video captured by the camera; wherein the system is configured to capture and store video frames; and
wherein the recording indicator is configured to emit visible light through the
camera aperture towards the object field through at least one of the one or
more optical elements.
Claim 18 of ‘387 Patent:
A device, comprising: a camera configured to capture video, the camera comprising: an image sensor;
and a lens barrel comprising one or more refractive lens elements configured to refract light received from an object field to form an image at an image plane at a surface of the image sensor; an optical element positioned in front of the lens barrel; and
wherein the optical element is configured to redirect the light emitted by the recording indicator towards the object field, wherein the redirected light is visible within a field of view of the camera when the recording mode is enabled, and wherein the optical element is a prism and the light emitted passes through the prism, wherein a first surface of the prism faces the object field, a third surface of the prism faces the lens barrel of the camera.
a recording indicator comprising one or more light sources;
memory for recording video captured by the camera when a recording mode is enabled;
wherein the recording indicator is configured to emit light into the optical element when the recording mode is enabled; and
As noted above, the limitations of claims 21 and 30 of the instant application is broader than the limitations of claim 18 of US Patent 12,216,387 and therefore fully anticipated.
With respect to objected claims 27-29 and 34, the limitations are met by the prism language in claims 1, 11 and 18 of US Patent 12,216,387.
With respect to objected claims 26 and 33 below, the limitations appear to distinguish itself over any claims of US Patent 12,216,387.
Claims 22-25, 31-32 and 36-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 12,216,387 in view of Lansel, Gerst and Carlvik (as in the prior art rejections below).
Regarding dependent claims 22-25, 31-32 and 36-40 of the instant application, the limitations are met by the claim 18 of US Patent 12,216,387 and in combination with the prior arts utilized in the prior art rejections below.
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 of this title, 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.
Claims 21-25, 30-32 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Lansel et al. (US 2018/0232899) in view of Gerst et al. (US 2016/0305871).
Regarding claim 21, Lansel teaches a camera (paragraphs 6, 22 and 34), comprising:
an image sensor configured to capture video frames (paragraphs 6, 22 and 34);
a lens barrel comprising one or more optical elements including one or more
refractive lenses, wherein the one or more refractive lenses are configured
to refract light received from an object field to form an image at an image
plane at a surface of the image sensor, and wherein the light received from
the object field is received through a camera aperture (paragraphs 6, 22 and 34 teaches the image sensor receiving light through the optical elements of the camera. Fig. 9 teaches a lens body 920 which includes lens for imaging the subject and focusing it on the sensor. Paragraph 36 teaches capturing images/videos of the points of interest in the scene where the camera is pointed to);
a recording indicator comprising one or more light sources (paragraph 6 teaches when the system is depth estimating, the illumination lights are turned on and illuminating the field of view. The illumination lights are only used as an indication of recording mode); and
However, while Lansel teaches the above, fails to teach, however, Gerst teaches the claimed: wherein the recording indicator is configured to emit visible light through the camera aperture to emit visible light through the camera aperture towards the object field through at least one of the one or more optical elements (paragraphs 25-27, 30 and Fig. 2 teaches a camera assembly that includes an illumination element 270 used to illuminate the field of view using a reflecting mirror 260. The light passes through the aperture of the lens in the OA axis. The optics module 130 including all its components meets the claimed “optical elements”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to incorporate the teachings of Gerst into the system of Lansel because such an incorporation allows for the benefit of reducing exposure times (paragraph 30 of Gerst).
Regarding claim 22, Lansel teaches the claimed wherein the visible light emitted by the recording indicator covers a field of view of the camera (paragraph 99 teaches “entire portion of the scene within the field of view of image sensing unit 820 receives illumination from illumination unit 810”).
Regarding claim 23, Lansel teaches the claimed wherein the recording indicator is activated when the camera is in recording mode and deactivated when the camera is not in recording mode (paragraph 6 teaches when the system is depth estimating, the illumination lights are turned on and illuminating the field of view. The illumination lights are only used as an indication of recording mode).
Regarding claims 24 and 31, Gerst teaches the claimed wherein the recording indicator includes two or more light-emitting diodes (LEDs) arranged around the image sensor that emit light, wherein the one or more refractive lenses in the lens barrel refract the emitted light through an aperture stop in the lens barrel to provide visible light that covers a field of view of the camera (paragraphs 25-27, 30 and Fig. 2 teaches a camera assembly that includes an illumination element 270 (LEDs) used to illuminate the field of view using a reflecting mirror 260. The LEDs, from the perspective from the direction OA axis, is located around the image sensor 210 since its position in wider than the width of the image sensor. The light passes through the aperture of the lens in the OA axis towards the entire field of view). The prior motivation as discussed above is incorporated herein.
Regarding claims 25 and 32, Gerst teaches the claimed wherein the recording indicator includes two or more light-emitting diodes (LEDs) located between the lens barrel and the image sensor that emit light towards the image sensor (paragraphs 25-27, 30 and Fig. 2 teaches a camera assembly that includes an illumination element 270 (LEDs) used to illuminate the field of view using a reflecting mirror 260), wherein the emitted light is reflected by a surface at or near the image sensor towards the lens barrel, and wherein the one or more refractive lenses in the lens barrel refract the reflected light through an aperture stop in the lens barrel to provide visible light that covers a field of view of the camera (paragraphs 25-27, 30 and Fig. 2 teaches a camera assembly that includes an illumination element 270 (LEDs) used to illuminate the field of view using a reflecting mirror 260. The light is reflected towards the field of view while also being positioned at or near the image sensor 210).
Regarding claim 30, Lansel teaches a system, comprising:
a camera (paragraphs 6, 22 and 34) comprising:
an image sensor (paragraphs 6, 22 and 34);
a lens barrel comprising one or more optical elements including one or more
refractive lenses, wherein the one or more refractive lenses are configured to refract light received from an object field to form an image at an image plane at a surface of the image sensor (paragraphs 6, 22 and 34 teaches the image sensor receiving light through the optical elements of the camera. Fig. 9 teaches a lens body 920 which includes lens for imaging the subject and focusing it on the sensor. Paragraph 36 teaches capturing images/videos of the points of interest in the scene where the camera is pointed to), and
wherein the light received from the object field is received through
a camera aperture (paragraphs 6, 22 and 34 teaches the image sensor receiving light through the optical elements of the camera. Fig. 9 teaches a lens body 920 which includes lens for imaging the subject and focusing it on the sensor); and
a recording indicator comprising one or more light sources (paragraph 6 teaches when the system is depth estimating, the illumination lights are turned on and illuminating the field of view. The illumination lights are only used as an indication of recording mode); and
memory for storing video captured by the camera (paragraphs 25, 34 and 43 teaches an image/video recorder. The system has its own storage as in paragraph 81);
wherein the system is configured to capture and store video frames (paragraphs 25, 34 and 43); and
However, while Lansel teaches the above, fails to teach, however, Gerst teaches the claimed: wherein the recording indicator is configured to emit visible light through the camera aperture towards the object field through at least one of the one or more optical elements (paragraphs 25-27, 30 and Fig. 2 teaches a camera assembly that includes an illumination element 270 used to illuminate the field of view using a reflecting mirror 260. The light passes through the aperture of the lens in the OA axis. The optics module 130 including all its components meets the claimed “optical elements”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to incorporate the teachings of Gerst into the system of Lansel because such an incorporation allows for the benefit of reducing exposure times (paragraph 30 of Gerst).
Regarding claim 35, Lansel teaches the claimed further comprising a device, wherein the camera and the memory are integrated in the device, and wherein the device includes one or more processors for processing video frames captured by the camera (Figs. 9-10 teaches a camera with storage (paragraphs 45, 81 and 91). Device/System 900/1000 includes processors as in paragraphs 45, 87 and 105).
Claims 36-40 are rejected under 35 U.S.C. 103 as being unpatentable over Lansel et al. (US 2018/0232899) in view of Gerst et al. (US 2016/0305871) and further in view of Carlvik et al. (US 2019/0171023).
Regarding claim 36, Lansel and Gerst fails to teach, however, Carlvik teaches the claimed further comprising:
a device (Figs. 2, 4, device 400/HMD950 combined with the electronic device 220);
a modular accessory (camera or recording device in paragraph 120) configured to physically or magnetically attach to the device; and
wherein, when attached to the device, the modular accessory communicates with a controller of the device via a wired or wireless connection to enable recording of video captured by the camera to the memory (paragraph 120 teaches attachable camera or recording device to an HMD 950. Additionally, paragraph 121 teaches cameras 1205 connects to the attachable camera or recording device for combined control via wireless or wired connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the current application to incorporate the teachings of Carlvik into the proposed combination of Lansel and Gerst because said incorporation allows for the benefit of being able to change devices that are connectable to a HMD (paragraphs 2-4).
Regarding claim 37, Carlvik teaches the claimed wherein the camera and the memory integrated in the device (paragraph 120 teaches camera or video recording device integrated into the wearable device 210 (see Fig. 2)), wherein the device includes one or more processors for processing video frames captured by the camera (Fig. 2, wearable device 210 combined with the electronic device 220 meets the claimed “device”). The prior motivation as discussed above is incorporated herein.
Regarding claim 38, Carlvik teaches wherein the camera is a component in the modular accessory (paragraph 120). The prior motivation as discussed above is incorporated herein.
Regarding claim 39, Lansel and Carlie teaches wherein the modular accessory includes the memory for storing video captured by the camera when the camera is in recording mode and one or more processors for processing video frames captured by the camera (Carlvik: paragraph 120 teaches attachable camera or recording device to an HMD 950. Lansel: paragraphs 25, 34 and 43). The prior motivation as discussed above is incorporated herein.
Regarding claim 40, Carlvik teaches the claimed wherein the modular accessory includes smart authentication technology so that the modular accessory is uniquely paired to a particular device (paragraph 120 teaches attachable camera or recording device to an HMD 950. Additionally, paragraph 121 teaches cameras 1205 connects to the attachable camera or recording device for combined control via wireless or wired connection, for a “unique pairing” as claimed). The prior motivation as discussed above is incorporated herein.
Allowable Subject Matter
Claims 26-29 and 33-34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 26 and 33, the prior arts fails to teach the limitations of “wherein the camera further includes a glass or plastic element located on an image side of an aperture stop in the lens barrel, wherein the recording indicator includes two or more light-emitting diodes (LEDs) located at an outer edge of the glass or plastic element, wherein the LEDs emit light into the outer edge of the glass or plastic, wherein the emitted light is directed by the glass or plastic element towards an aperture stop before exiting the glass or plastic element at the aperture stop, and wherein one or more lens elements on an object side of the aperture stop in the lens barrel refract the light emitted through the aperture stop to provide visible light that covers a field of view of the camera”, which appears to be the configuration of the system in Fig. 6 of the instant application. While the prior art teaches LEDs to project illumination (recording indicator) towards the field of view, fails to teach the specific configuration of the glass/plastic elements in the claim language.
Regarding claims 27 and 34, the prior arts fails to teach the limitations of “an optical element located at an object side of the lens barrel, wherein the optical element includes: a first surface facing the object field; a second surface; and a third surface facing the lens barrel; and wherein the one or more light sources of the recording indicator face the second surface of the optical element, wherein the one or more light sources are configured to emit visible light through the second surface of the optical element, wherein the third surface of the optical element redirects the visible light received through the second surface through the first surface of the optical element towards the object field; and wherein the light received from the object field passes through the first surface and the second surface of the optical element and into the lens barrel” which appears to be the configuration of the system in Fig. 11 of the instant application. While the prior art teaches LEDs to project illumination (recording indicator) towards the field of view, fails to teach the specific configuration of the glass/plastic elements in the claim language. Claims 28 and 29 also inherits the same claim interpretation based on its dependency of claim 27.
Furthermore, the underlined claim limitations above as recited in claims 26, 27 and 33-34 appear to fall outside of the abstract idea groupings (as per 2019 Revised Patent Subject Matter Eligibility Guidance (PEG)) including mathematical concepts, mental process and certain methods of organizing human activity. The claimed limitations are stated in such a manner the processes aren’t broad enough (for each of the claims as a whole) for them to fall into one of the three groupings of abstract ideas.
So as indicated by the above statements, the closest prior art as discussed above, either singularly or in combination, fail to anticipate or render the above combination of the discussed features/limitations obvious and additionally, applicant’s arguments have been considered persuasive, in light of the claim limitations as well as the enabling portions of the specification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Patel et al. (US 2007/0103552) teaches a system and method for disabling recording features of cameras using an image neutralizer.
Kosaka et al. (US 7,433,587) teaches an SLR type camera that utilizes a reflector/prism type device within a camera body to assist in the features for an in-finder indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GELEK W TOPGYAL whose telephone number is (571)272-8891. The examiner can normally be reached M-F (9:30-6 PST).
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/GELEK W TOPGYAL/Primary Examiner, Art Unit 2481