DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The amendment filed on July 28, 2026, in response to the previous Office Action (04/28/2026) is acknowledged and has been entered.
Claims 1 is currently pending.
Applicant’s amendment overcomes the following objections/rejections in the last Office Action:
Objection to Specification
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1 rejected under pre-AIA 35 U.S.C. 102(a) and/or 102(b) as being anticipated by Kawai (US 2011/0109776).
Regarding claim 1, Kawai discloses an imaging apparatus comprising: a plurality of pixels arrayed in a matrix shape (fig. 7), each including a plurality of photoelectric conversion units (3a, 3b) configured to generate signal charge, and to output a signal based on the signal charge (¶69), wherein the plurality of pixels have a first pixel, a second pixel, and a third pixel (fig. 7), wherein the first pixel (top left) includes a first photoelectric conversion unit (3a/S21) and a second photoelectric conversion unit (3b/S22), wherein the second pixel (top right) includes a third photoelectric conversion unit (3a/S21) and a fourth photoelectric conversion unit (3b/S22), wherein the third pixel (bottom right) includes a fifth photoelectric conversion unit (3a/S21) and a sixth photoelectric conversion unit (3b/S22), wherein the first pixel includes a first microlens (24) arranged corresponding to the plurality of first photoelectric conversion units unit and the second photoelectric conversion unit (figs. 6-7), wherein the second pixel includes a second microlens arranged corresponding to the third photoelectric conversion unit and the fourth photoelectric conversion unit (figs. 6-7), wherein the third pixel includes a third microlens arranged corresponding to the fifth photoelectric conversion unit and the sixth photoelectric conversion unit (figs. 6-7), wherein the first pixel and the second pixel are arranged in a same row, and wherein the first pixel and the third pixel are arranged in a same column (fig. 7).
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.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTOINETTE SPINKS whose telephone number is (571)270-3749. The examiner can normally be reached M-Th 7am - 5pm EST.
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/ANTOINETTE T SPINKS/Primary Examiner, Art Unit 2639
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