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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 11,589,059. This is a statutory double patenting rejection.
Claim 1 of Instant Application
An image processing apparatus configured to execute image processing on a plurality of frames generated based on output from an imaging element, which has a first imaging region to image a subject and a second imaging region to image a subject and for which a first frame rate can be set for the first imaging region and a second frame rate higher than the first frame rate can be set for the second imaging region, the apparatus comprising:
an identification unit configured to identify, as a non-image region, a range (i) corresponding to the second imaging region in a first frame among a plurality of the frames generated based on outputs from the first imaging region and the second imaging region and (ii) corresponding to the first imaging region in a second frame among a plurality of the frames generated based on the output from the second imaging region, the identification of the range being performed based on the first frame and the second frame; and
a synthesis unit configured to synthesize (i) the second frame, (ii) image data of the first imaging region corresponding to the first imaging region at the first frame, and (iii) identified image data of the identified range, which is image data of an imaging region other than the first imaging region at the first frame and the second frame.
Claim 1 of U.S. Patent No. 11,589,059
An image processing apparatus configured to execute image processing on a plurality of frames generated based on output from an imaging element, which has a first imaging region to image a subject and a second imaging region to image a subject and for which a first frame rate can be set for the first imaging region and a second frame rate higher than the first frame rate can be set for the second imaging region, the apparatus comprising:
an identification unit configured to identify, as a non-image region, a range (i) corresponding to the second imaging region in a first frame among a plurality of the frames generated based on outputs from the first imaging region and the second imaging region and (ii) corresponding to the first imaging region in a second frame among a plurality of the frames generated based on the output from the second imaging region, the identification of the range being performed based on the first frame and the second frame; and
a synthesis unit configured to synthesize (i) the second frame, (ii) image data of the first imaging region corresponding to the first imaging region at the first frame, and (iii) identified image data of the identified range, which is image data of an imaging region other than the first imaging region at the first frame and the second frame.
Table 1.
Conclusion
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CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
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