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 .
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.
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 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.
Claim(s) 1 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimada, US 2023/0005241.
In regard to claim 1, Shimada, US 2023/0005241, discloses a control device comprising
a processor (see figure 1, element 11 and 17, in combination; para 38-45), wherein the processor is configured to:
acquire a plurality of divisional exposures determined based on a change time and a target exposure of an imaging apparatus (see para 48 and 63; figure 3, step S9); and
perform control of applying the plurality of divisional exposures for exposures of a plurality of frames obtained by imaging with the imaging apparatus performed at least within the change time (see para 48-49 and 70),
wherein the change time is a time required for a transmittance of an electronic dimming filter mounted to the imaging apparatus to change from a first transmittance to a second transmittance capable of realizing the target exposure (see figure 3, step S9 and para 63).
In regard to claim 18, Shimada, US 2023/0005241, discloses an imaging apparatus comprising:
the control device of claim 1 (see claim 1 above); and
an image sensor (see figure 1, element 20) employed in the imaging (see para 44).
In regard to claim 19, since Shimada, US 2023/0005241, discloses a control device and its operation as described above in regard to claim 1, the method of claim 19 is also disclosed (see claim 1 above).
In regard to claim 20, since Shimada, US 2023/0005241, discloses a control device and its operation as described above in regard to claim 1, the storage medium of claim 20 is also disclosed (see claim 1 above).
Allowable Subject Matter
Claims 2-17 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0412931, discloses an imaging device with an imaging in a plurality of exposure states. US 2020/0213546, discloses an imaging device with a stop control unit that sequentially changes an F number of the stop to a plurality of values during a period from the start of the exposure until the end of the exposure. US 6,673,526, discloses an imaging device with a filter with a variable transmittance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEVELL V SELBY whose telephone number is (571)272-7369. The examiner can normally be reached Monday-Thursday 6 AM - 3:30 PM; Friday 6-10 AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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