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 .
Status of claims: claims 31-34 are pending below. Claims 1-30 are cancelled.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 31-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,316,978. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention defined by the claims of the instant application would have been obvious to one of ordinary skill in the art in view of the claims of U.S. Patent No. 12,316,978. Independent claims 31-34 in the current application 19/025885 are anticipated by claims independent claims 1 and 23, and dependent claims 8, 22 and 24 of U.S. Patent No. 12,316,978.
Claims 31-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-181 of U.S. Patent No. 12,401,911. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention defined by the claims of the instant application would have been obvious to one of ordinary skill in the art in view of the claims of U.S. Patent No. 12,401,911. Independent claims 31-34 in the current application 19/025885 are anticipated by dependent claims 97 and 106 of U.S. Patent No. 12,401,911.
Claims 31-24 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-44 of U.S. Patent No. 12,418,727. Although the claims at issue are not identical, they are not patentably distinct from each other because the invention defined by the claims of the instant application would have been obvious to one of ordinary skill in the art in view of the claims of U.S. Patent No. 12,418,727. Independent claims 31-34 in the current application 19/025885 are anticipated by independent claim 1 and dependent claim 20 of U.S. Patent No. 12,418,727.
Claim Rejections - 35 USC § 102
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.
Claims 31-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Raskar et al (US 2007/0025717).
Claim 31, similar 32-34:
Raskar et al (US 2007/0025717) anticipated the following subject matter:
An apparatus, comprising:
an image sensor that generates a first image utilizing a first exposure parameter, a second image utilizing a second exposure parameter (figures 9-10 with different exposure time for first and second images), and a third image so that at least a portion of the first image and at least a portion of the second image are combined to generate a fourth image that is generated so that at least a portion of the third image and at least a portion of the fourth image are capable of being combined to generate at least a portion of a combined image (figure 9-10 and paragraph 0107-0117 detail combination to output different images in 0108 and 0117 by fuse maps by selecting gradient between flash and exposure from the different parameters of 901 and 902).
Regarding claim 32, Raskar et al teach apparatus in figure 9.
Regarding claim 33, Raskar et al teaches apparatus with display, memory and processor in figure 9 and 0116 and 0122.
Regarding claim 34, Raskar et al teach in apparatus in figure 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jannard et al (US 2012/0069213) teaches HIGH DYNAMIC RANGE VIDEO - positions of "A," "B," "C," and "D" generally define how to blend the first and second exposures ("EXP. 1," "EXP. 2"). As indicated in FIG. 7, the user in some cases be able to adjust the position of "B" and "C" using the interface, thereby setting how much of the first and second (or more) exposures to include in the resulting output track, and what portions of the tracks should be blended together. In some cases the user can adjust the position of "A" and/or "D" instead of or in addition to "B" and "C." (figures 6A-B and paragraph 0114-0116).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TSUNG-YIN TSAI whose telephone number is (571)270-1671. The examiner can normally be reached 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhavesh Mehta can be reached at (571) 272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TSUNG YIN TSAI/Primary Examiner, Art Unit 2656
