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
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.
Information Disclosure Statement
The information disclosure statement(s) submitted on 1/16/2025 and 6/24/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“mode switching unit” in claim(s) 1 and 24.
“control unit” in claim(s) 1-2, 5-7, 9-14, 16-18 and 24.
“reproduction control unit” in claim(s) 3.
“setting unit” in claim(s) 4.
“selection unit” in claim(s) 4 and 6.
“imaging unit” in claim(s) 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 12 and 24 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 12 recites “wherein when the reproduced content is reduced, the control unit increases the reproduced contents in a case where the reproduced content is not enlarged and displayed, and reduces the reproduced content in a case where the reproduced content is enlarged and displayed” which needs further clarification. It is not clear what is being claimed. There are two unclear sub-features (hereinafter “reproduced content” as “X”) are performed when X is reduced:
“the control unit increases the reproduced contents in a case where the reproduced content is not enlarged and displayed” => increase X’s in a case X is reduced => this results in X remaining the same. It is not clear what the purpose of performing this feature is.
“reduces the reproduced content in a case where the reproduced content is enlarged and displayed” => reduce X in a case X is enlarged/increased=> this results in X remaining the same. It is not clear what the purpose of performing this feature is.
Claim 24 recites the limitation "the image capture apparatus" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10-13, 15-17 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (US 20230333675 A1).
Regarding claim 1, Shimizu teaches An image capture apparatus comprising:
a mode switching unit that switches to any of a plurality of operation modes including a shooting mode and a reproduction mode (para. 0043); and
a control unit that controls setting information concerning a display characteristic of content, which is set in the image capture apparatus and a display apparatus connected to the image capture apparatus (para. 0043: “In the reproduction mode, when an enlargement button 207 is pressed in a state where one image is displayed on the display unit 111, the image displayed on the display unit 111 can be displayed in an enlarged manner, and when the enlargement button 207 is pressed a plurality of times, an enlargement magnification of the image increases in accordance with the number of presses”),
wherein when the operation mode of the image capture apparatus is switched from the shooting mode to the reproduction mode,
in a case where the number of reproduced contents in the reproduction mode is one, the control unit controls to change the setting information in accordance with the reproduced content (para. 0043: “In the reproduction mode, when an enlargement button 207 is pressed in a state where one image is displayed on the display unit 111, the image displayed on the display unit 111 can be displayed in an enlarged manner, and when the enlargement button 207 is pressed a plurality of times, an enlargement magnification of the image increases in accordance with the number of presses”), and
in a case where the number of reproduced contents in the reproduction mode is plural, the control unit controls not to change the setting information in accordance with the reproduced contents (para. 0043: “When the reduction button 208 is pressed in a state in which one image is displayed on the display unit 111, so-called index reproduction in which a plurality of reduced images are displayed at once on the display unit 111 is performed. When the reduction button 208 is pressed a plurality of times, the number of images to be displayed at a time increases in accordance with the number of presses” => the magnification of the reproduced images is not changed, but is maintained at the current set setting when the reduction button 208 is not pressed).
Regarding claim 2, Shimizu teaches the apparatus according to claim 1,
wherein in a case where the number of reproduced contents in the reproduction mode is plural, the control unit maintains the already set setting information (para. 0043; the magnification of the reproduced images is not changed or maintained at the current set setting when the reduction button 208 is not pressed).
Regarding claim 3, Shimizu teaches the apparatus according to claim 1, further comprising:
a reproduction control unit that controls the content reproduced in the reproduction mode, wherein in a case where the operation mode of the image capture apparatus is switched from the shooting mode to the reproduction mode, the reproduction control unit controls to reproduce contents the number of which is equal to the number of reproduced contents at an end of a previous reproduction mode (Fig. 3; para. 0051; S304; maintain the number of displayed items).
Regarding claim 4, Shimizu teaches the apparatus according to claim 1, further comprising:
a setting unit that sets the number of reproduced contents; and a selection unit that selects the reproduced content (Fig. 3; S304-S308).
Regarding claim 5, Shimizu teaches the apparatus according to claim 4,
wherein the control unit changes the setting information to setting information suitable for the reproduced content in a case where the number of reproduced contents is changed from plural to one in the reproduction mode, and maintains the already set setting information in a case where the number of reproduced contents is changed from one to plural (Fig. 3; paras. 0043, 0051; S304; maintain the number of displayed items when stopping changing it).
Regarding claim 6, Shimizu teaches the apparatus according to claim 4,
wherein when the reproduced content is changed by the selection unit in the reproduction mode, the control unit changes the setting information to setting information suitable for the reproduced content in a case where the number of reproduced contents is one, and maintains the already set setting information in a case where the number of reproduced contents is plural (Fig. 3; paras. 0043, 0051; S304; maintain the number of displayed items when stopping changing it).
Regarding claim 7, Shimizu teaches the apparatus according to claim 1,
wherein the control unit transitions to the reproduction mode upon power-on of the image capture apparatus by a predetermined operation member, and controls the setting information in accordance with the reproduced content (Fig. 3; paras. 0030, 0043).
Regarding claim 8, Shimizu teaches the apparatus according to claim 7,
wherein the predetermined operation member is an operation member that switches the operation mode of the image capture apparatus to the reproduction mode (Fig. 3; paras. 0030, 0043).
Regarding claim 10, Shimizu teaches the apparatus according to claim 1,
wherein the control unit transitions to the reproduction mode upon power-on of the image capture apparatus, and controls the setting information in accordance with the reproduced content (Fig. 3; paras. 0030, 0043).
Regarding claim 11, Shimizu teaches the apparatus according to claim 1,
wherein when the reproduced content is enlarged, the control unit decreases the reproduced contents in a case where the number of reproduced contents is plural, and enlarges the reproduced content in a case where the number of reproduced contents is one (Fig. 3; para. 0043).
Regarding claim 12, Shimizu teaches the apparatus according to claim 1,
wherein when the reproduced content is reduced, the control unit increases the reproduced contents in a case where the reproduced content is not enlarged and displayed, and reduces the reproduced content in a case where the reproduced content is enlarged and displayed (Figs. 3, 5; para. 0043).
Regarding claim 13, Shimizu teaches the apparatus according to claim 1,
wherein in a case where the number of reproduced contents is plural and the contents are images, the control unit outputs thumbnails of the images to the display apparatus, and in a case where the number of reproduced contents is one and the content is an image, the control unit outputs the image to the display apparatus (Figs. 3, 5; paras. 0043, 0059).
Regarding claim 15, Shimizu teaches the apparatus according to claim 1,
wherein the controls unit controls to display, for the reproduced content, information indicating whether the setting information is setting information suitable for the reproduced content (Figs. 3, 5; display a list of images as shown in figs. 5).
Regarding claim 16, Shimizu teaches the apparatus according to claim 1, further comprising:
an imaging unit (106) configured to capture an image (Fig. 1),
wherein the control unit outputs the image captured by the imaging unit to the display apparatus in the shooting mode (Figs. 5; paras. 0030-0032).
Regarding claim 17, Shimizu teaches the apparatus according to claim 1,
wherein the operation mode of the image capture apparatus includes a menu mode of changing settings of the image capture apparatus (para. 0037),
when the operation mode of the image capture apparatus is switched from the menu mode to the reproduction mode, in a case where the number of reproduced contents is one, the control unit changes the setting information in accordance with the reproduced content (para. 0043: “A reproduction button 206 can switch between the camera's image shooting mode and reproduction mode”; “In the reproduction mode, when an enlargement button 207 is pressed in a state where one image is displayed on the display unit 111, the image displayed on the display unit 111 can be displayed in an enlarged manner, and when the enlargement button 207 is pressed a plurality of times, an enlargement magnification of the image increases in accordance with the number of presses”), and
in a case where the number of reproduced contents is plural, the control unit controls not to change the setting information in accordance with the reproduced content (para. 0043: “When the reduction button 208 is pressed in a state in which one image is displayed on the display unit 111, so-called index reproduction in which a plurality of reduced images are displayed at once on the display unit 111 is performed. When the reduction button 208 is pressed a plurality of times, the number of images to be displayed at a time increases in accordance with the number of presses” => the magnification of the reproduced images is not changed, but is maintained at the current set setting when the reduction button 208 is not pressed).
Regarding claim 23, claim 23 reciting features corresponding to claim 1 is also rejected for the same reason above.
Regarding claim 24, claim 24 reciting features corresponding to claim 1 is also rejected for the same reason above. In addition, Shimizu teaches A non-transitory computer-readable storage medium storing a program for causing a computer to function as the image capture apparatus (Fig. 1; paras. 0046, 0106) comprising: (corresponding features as taught in claim 1).
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 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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20230333675 A1) in view of Harumi et al (JP-2842594-B2).
Regarding claim 9, Shimizu teaches the apparatus according to claim 1, wherein the control unit transitions from the shooting mode to the reproduction mode
But fails to teach
the control unit transitions from the shooting mode to the reproduction mode in response to connection of the display apparatus to the image capture apparatus.
However, in the same field of endeavor Harumi teaches
the control unit transitions from the shooting mode to the reproduction mode in response to connection of the display apparatus to the image capture apparatus (page 22, line 30: “When the AV connector of the external device is simply connected to the output connector 26, the mode is automatically switched to the reproduction mode. When the AV connector is disconnected, the mode is switched to the recording mode”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Harumi in Shimizu to have the control unit transitions from the shooting mode to the reproduction mode in response to connection of the display apparatus to the image capture apparatus for automatically shifting to the reproduction mode when connection of the external display is detected improving user experiences yielding a predicted result.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20230333675 A1) in view of Ishihara et al (US 20170332019 A1) or Nishiguchi et al (US 20190199904 A1).
Regarding claim 14, Shimizu teaches everything as claimed in claim 13. In addition, Shimizu teaches
wherein the image includes one of a still image and a moving image, and
in a case where the number of reproduced contents is one and the content is a still image, the control unit outputs the still image to the display apparatus (para. 0043), and
but fails to teach
in a case where the reproduced content is a moving image, the control unit outputs a first frame of the moving image to the display apparatus.
However, in the same field of endeavor Ishihara/Nishiguchi teaches
wherein the image includes one of a still image and a moving image,
in a case where the reproduced content is a moving image, the control unit outputs a first frame of the moving image to the display apparatus (Ishihara: Figs. 2, 6c; para. 0051: “generates a moving image thumbnail (step S113) based on the image data for a first frame among the image data of a plurality of frames constituting the moving image data”; para. 0066: “display controller 76 displays a moving image thumbnail for the short movie (for example, refer to FIG. 6(c)) on the display unit 3 (step S124)” during playback mode; Nishiguchi: fig. 4; paras. 0081-0082: “In S408, the system control unit 50 reads a moving image to be reproduced from the recording medium 200, and displays the first frame of this moving image on the display unit 28”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Ishihara/Nishiguchi in Shimizu to have wherein the image includes one of a still image and a moving image, in a case where the reproduced content is a moving image, the control unit outputs a first frame of the moving image to the display apparatus for making it possible to further intuitively grasp the content and type of the produced content yielding a predicted result.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (US 20230333675 A1) in view of Nishiguchi et al (US 20190199904 A1).
Regarding claim 18, Shimizu teaches everything as claimed in claim 1, but fails to teach
wherein in a case where the display apparatus is not connected to the image capture apparatus, the control unit outputs the reproduced content to a display unit provided in the image capture apparatus.
However, in the same field of endeavor Nishiguchi teaches
wherein in a case where the display apparatus is not connected to the image capture apparatus, the control unit outputs the reproduced content to a display unit provided in the image capture apparatus (Figs. 3-4; paras. 0073-0084).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Nishiguchi in Shimizu to have wherein in a case where the display apparatus is not connected to the image capture apparatus, the control unit outputs the reproduced content to a display unit provided in the image capture apparatus for enabling external display when needed improving reproduction functionalities of the camera yielding a predicted result.
Regarding claim 19, Shimizu teaches everything as claimed in claim 1, but fails to teach
wherein a screen of the display apparatus is set in a blackout state while the setting information is changed.
However, in the same field of endeavor Nishiguchi teaches
wherein a screen (1820) of the display apparatus is set in a blackout state while the setting information is changed (Fig. 18A; paras. 0256-0262).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Nishiguchi in Shimizu to have wherein a screen of the display apparatus is set in a blackout state while the setting information is changed for providing a shifting screen allowing the user to grasp what is going on between different states yielding a predicted result.
Allowable Subject Matter
Claims 20-22 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
Prosecution Insights