Prosecution Insights
Last updated: July 17, 2026
Application No. 19/070,686

IMAGE PICKUP APPARATUS, ITS CONTROL METHOD, AND STORAGE MEDIUM

Non-Final OA §102
Filed
Mar 05, 2025
Priority
Apr 11, 2024 — JP 2024-063717
Examiner
TREHAN, AKSHAY
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
407 granted / 571 resolved
+11.3% vs TC avg
Strong +24% interview lift
Without
With
+23.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
17 currently pending
Career history
584
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
84.0%
+44.0% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 571 resolved cases

Office Action

§102
N O N - F I N A L A C T I O N 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/05/25 and 6/26/25 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Examiner notes that the current title “IMAGE PICKUP APPARATUS, ITS CONTROL METHOD, AND STORAGE MEDIUM” is a good starting point, but recommends adding analogous language to “FOCUS” into the current title. For example, Examiner recommends the following amended new title: “IMAGE PICKUP APPARATUS, ITS FOCUS CONTROL METHOD, AND STORAGE MEDIUM” Closest Prior Art The prior art (cited on PTO-892) is considered pertinent to applicant's disclosure. Among these, the following references are considered to be the closest, collectively disclosing the state of the art concerned with a digital camera comprising an image sensor with focus detection pixels and a processor for controlling an imaging optical system based on an average defocus amount. YUMI TAKAO (US 20220400208) – applied to 35 USC 102 rejection, see Figures 2-7; Figures 9, 16, 18; Figure 19 and Para [0107-109, 0114, 0122, 0154, 0167, 0241-0251, 0273]. Para [0114] states “The pair of focus detection signals is usually generated based on the signals of pixels in a focus detection region. Therefore, when a focus detection region is set for each imaging optical system, the defocus amount is calculated for each individual focus detection region. If the focus lenses of the imaging optical systems can be driven individually, the focus distance can be adjusted for each imaging optical system. One defocus amount based on the defocus amount calculated for each focus detection region may be used to adjust the focus distance of a plurality of imaging optical systems. The one defocus amount may be, for example, an average value, a representative value, or the like”. IWANE (US 20170104918) – see Figures 1-3, Figures 5-6, and Para [0029, 0096-100] discloses a digital camera 1 having a focus detection device 104 which determines a final defocus amount (Fig. 2) for driving a lens using a weighted average of the defocusing amount calculated by the first focus detection device 301 and the defocusing amount calculated by the second focus detection device 302. INOUE (US 20160134802) – see Figure 1 in view of para [0089]. NOTE: Examiner welcomes INTERVIEW(s) to discuss the instant application’s claimed invention as it corresponds to the specification embodiments, as well as, discussing the similarities/differences taught/not taught by prior art. In the interest of compact prosecution, Applicant’s arguments/amendments should not only address the cited closest art applied/relied on in the 35 USC 102/103 rejection (below), but also address the other cited closest art not applied/relied on. Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. 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. Claims 1-4 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YUMI TAKAO (US 20220400208) -- hereafter, termed as shown “underlined”. As per INDEPENDENT CLAIM 1, TAKAO teaches an image pickup apparatus (Handheld camera per Fig. 1-3 & HMD camera per Fig. 23) comprising: an image sensor having a plurality of pixels configured to receive light beams passing through a plurality of different pupil partial areas in an imaging optical system (Fig. 2-3: image sensor 211 comprises plural pixels per Fig. 4, and receives light beams passing through a plurality of different pupil partial areas as shown in Fig. 5: image plane 1300 receives light from plural different pupils 1303 & 1304 for each lens 301R & 301L (Fig. 7) of optical lens system 300); and a processor configured to acquire a defocus amount of the imaging optical system based on a pair of signals from the plurality of pixels, and control the imaging optical system based on the defocus amount (Fig. 2: processor comprises a system control unit 218, image processor 214, and lens control unit 205, wherein para [0114] states “The pair of focus detection signals is usually generated based on the signals of pixels in a focus detection region. Therefore, when a focus detection region is set for each imaging optical system, the defocus amount is calculated for each individual focus detection region. If the focus lenses of the imaging optical systems can be driven individually, the focus distance can be adjusted for each imaging optical system.”), wherein the imaging optical system includes a first optical system and a second optical system arranged in parallel with the first optical system (See Fig. 3: dual optical lens system 300, each lens 301R & 301L having its own axis as shown in Fig. 7, both lenses being arranged in parallel to each other), and wherein the processor is configured to acquire a first defocus amount in a first focus detecting area at a first image height based on a first optical axis of the first optical system and a second defocus amount in a second focus detecting area at a second image height based on a second optical axis of the second optical system (See Fig. 3: dual optical lens system 300/301R/301L, each lens having its own axis shown in Fig. 7; The processor (218 / 214 / 205) acquires respective first and second defocus amounts in each focus detecting area per para [0114] states “The pair of focus detection signals is usually generated based on the signals of pixels in a focus detection region. Therefore, when a focus detection region is set for each imaging optical system, the defocus amount is calculated for each individual focus detection region.”; Furthermore, each focus detection area has an image height and position as apparent from Fig. 9: elements 801L/801R in view of para [0154] states “indicators 801R and 801L, which indicate information about the position of the focus detection region and the degree of focus…The indicators 801R and 801L are displayed at positions having the same image height.), and control the imaging optical system based on an average defocus amount of the first defocus amount and the second defocus amount (See Fig. 3: dual optical lens system 300/301R/301L, each lens having its own axis shown in Fig. 7; wherein para [0114] states “One defocus amount based on the defocus amount calculated for each focus detection region may be used to adjust the focus distance of a plurality of imaging optical systems. The one defocus amount may be, for example, an average value, a representative value, or the like”). As per CLAIM 2, TAKAO teaches the image pickup apparatus according to claim 1, wherein a relative position of the first focus detecting area to the first optical axis and a relative position of the second focus detecting area to the second optical axis are equal to each other (The relative positions may be equal to each other as apparent from the left/right stereoscopic views shown in Figures 9, 16 & 18 and para [0154]). As per CLAIM 3, TAKAO teaches the image pickup apparatus according to claim 1, wherein a relative position of the first focus detecting area to the first optical axis and a relative position of the second focus detecting area to the second optical axis are the same object area detected via the first optical system and the second optical system, respectively (The relative positions may be of the same object area as apparent from the left/right stereoscopic views shown in Figures 9, 16 & 18 and para [0154]). As per CLAIM 4, TAKAO teaches the image pickup apparatus according to claim 1, wherein the processor is configured to determine whether to control the imaging optical system using the first defocus amount or to control the imaging optical system using the average defocus amount (Para [0114] states “One defocus amount based on the defocus amount calculated for each focus detection region may be used to adjust the focus distance of a plurality of imaging optical systems. The one defocus amount may be, for example, an average value, a representative value”. -- Processor (218 / 214 / 205) may operate in different modes, for example, para [0245] states “system control unit 218 may also set the imaging optical system corresponding to an eye set in advance as the user's dominant eye as the reference imaging optical system. Alternatively, if there is a difference in the subject detection accuracy, the focus detection accuracy, or the like between the right eye optical system 301R and the left eye optical system 301L, the imaging optical system having the higher accuracy may be set as the reference” AND para [0250] states “When a plurality of imaging optical systems having the same configuration are used, as in the binocular lens unit 300, one focus sensitivity may be used in common for each individual imaging optical system”. Therefore, depending on the type of lens mounted and operating mode determined (para [0242]), the processor is considered to control the imaging optical system using the first defocus amount or an average defocus amount). As per CLAIM 9, TAKAO teaches the image pickup apparatus according to claim 1, wherein the processor is configured to control the imaging optical system so that the first optical system and the second optical system perform autofocus operations while maintaining the same focus position (Para [0114] states “One defocus amount based on the defocus amount calculated for each focus detection region may be used to adjust the focus distance of a plurality of imaging optical systems. The one defocus amount may be, for example, an average value, a representative value”. -- Processor (218 / 214 / 205) may operate in different modes, for example, para [0245] states “system control unit 218 may also set the imaging optical system corresponding to an eye set in advance as the user's dominant eye as the reference imaging optical system. Alternatively, if there is a difference in the subject detection accuracy, the focus detection accuracy, or the like between the right eye optical system 301R and the left eye optical system 301L, the imaging optical system having the higher accuracy may be set as the reference” AND para [0250] states “When a plurality of imaging optical systems having the same configuration are used, as in the binocular lens unit 300, one focus sensitivity may be used in common for each individual imaging optical system”). As per INDEPENDENT CLAIM 10, TAKAO teaches a control method for an image pickup apparatus (Handheld camera per Fig. 1-3 & HMD camera per Fig. 23 and method per Figures 6, 11 and 19) comprising: a light receiving step of receiving light beams passing through a plurality of different pupil partial areas in an imaging optical system using a plurality of pixels of an image sensor (Fig. 2-3: image sensor 211 comprises plural pixels per Fig. 4, and receives light beams passing through a plurality of different pupil partial areas as shown in Fig. 5: image plane 1300 receives light from plural different pupils 1303 & 1304 for each lens 301R & 301L (Fig. 7) of optical lens system 300); an acquiring step of acquiring a defocus amount of the imaging optical system based on a pair of signals from the plurality of pixels, and a control step of controlling the imaging optical system based on the defocus amount (Fig. 2: processor comprises a system control unit 218, image processor 214, and lens control unit 205, wherein para [0114] states “The pair of focus detection signals is usually generated based on the signals of pixels in a focus detection region. Therefore, when a focus detection region is set for each imaging optical system, the defocus amount is calculated for each individual focus detection region. If the focus lenses of the imaging optical systems can be driven individually, the focus distance can be adjusted for each imaging optical system.”), wherein the imaging optical system includes a first optical system and a second optical system arranged in parallel with the first optical system (See Fig. 3: dual optical lens system 300, each lens 301R & 301L having its own axis as shown in Fig. 7, both lenses being arranged in parallel to each other), and wherein in the acquiring step, a first defocus amount in a first focus detecting area at a first image height based on a first optical axis of the first optical system and a second defocus amount in a second focus detecting area at a second image height based on a second optical axis of the second optical system (See Fig. 3: dual optical lens system 300/301R/301L, each lens having its own axis shown in Fig. 7; The processor (218 / 214 / 205) acquires respective first and second defocus amounts in each focus detecting area per para [0114] states “The pair of focus detection signals is usually generated based on the signals of pixels in a focus detection region. Therefore, when a focus detection region is set for each imaging optical system, the defocus amount is calculated for each individual focus detection region.”; Furthermore, each focus detection area has an image height and position as apparent from Fig. 9: elements 801L/801R in view of para [0154] states “indicators 801R and 801L, which indicate information about the position of the focus detection region and the degree of focus…The indicators 801R and 801L are displayed at positions having the same image height.), and where in the control step, the imaging optical system is controlled based on an average defocus amount of the first defocus amount and the second defocus amount (See Fig. 3: dual optical lens system 300/301R/301L, each lens having its own axis shown in Fig. 7; wherein para [0114] states “One defocus amount based on the defocus amount calculated for each focus detection region may be used to adjust the focus distance of a plurality of imaging optical systems. The one defocus amount may be, for example, an average value, a representative value, or the like”). As per CLAIM 11, TAKAO teaches the non-transitory computer-readable storage medium storing a program that causes a computer to execute (TAKAO, Fig. 2: computer 218, memory 220, and para [0242, 0289]) the control method for an image pickup apparatus according to claim 10 (see rejection made in claim 10). Allowable Subject Matter Claims 5-8 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. Contact Information Any inquiry concerning this communication or earlier communications from the EXAMINER should be directed to AKSHAY TREHAN whose telephone number is (571) 270-5252. The examiner can normally be reached between the hours of 10am – 6pm during the weekdays Monday – Friday. Interviews with the examiner are available via telephone AND video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant may contact the examiner via telephone OR use the USPTO Automated Interview Request (AIR), which can be found at: http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TWYLER HASKINS can be reached on (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AKSHAY TREHAN/ Examiner, Art Unit 2639 /TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
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Prosecution Timeline

Mar 05, 2025
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
95%
With Interview (+23.8%)
3y 0m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 571 resolved cases by this examiner. Grant probability derived from career allowance rate.

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