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 .
Claim Rejections - 35 USC § 112
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites on page 1 line 22-page 2 line 4 “the standby time includes a first standby time between a recognition of the first instruction and a start of the recording of the first image signal and a second standby time between a recognition of the first instruction and a start of the recording of the first image signal, the first standby time being longer than the second standby time; and a control circuitry.” According to the claim, both the first and the second standby time are between ‘a recognition of the first instruction and a start of the recording of the first image signal.’ However, the claim further recites ‘the first standby time being longer than the second standby time.’ It is unclear how one particular time can be longer that itself.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Desai (US PG PUB 2013/0328997) in view of Konicek (US PG PUB 2007/0086764).
Regarding claim 1, Desai discloses an image recording device configured to execute a plurality of different photographing processes, comprising:
an audio input interface configured to receive a command voice (see paragraph 0042 microphone allowing the user to transmit voice);
a touch display on a first surface of the image recording device and configured to display an image signal and receive a touch operation instruction, the touch display facing in a first direction (see paragraph 0029 touch screen of a display; 0037 input mechanism include multi-touch screen);
a first camera facing in the first direction configured to photograph an object and acquire a first image signal (see figure 3A camera 127A and 122A and paragraphs 0027, 0049-0050);
a second camera facing in a second direction opposite the first direction configured to photograph an object and acquire a second image signal (see figure 3A camera 127A and 122A and paragraphs 0049-0050);
a recorder configured to record at least one of the first image signal or the second image signal on a storage after a standby time has elapsed in response to an instruction to start a recording of at least one of the first image signal or the second image signal (see paragraph 0007 image captured by a first and second camera; see paragraph 0027 captured video feeds from multiple cameras; see paragraph 0042 user transmitting audio as a means of establishing communications operations or as an alternate to using a physical user interface; see paragraph 0075 initiating communication), wherein the instruction includes a first instruction given by command voice to start a recording of the first image signal acquired by the first camera and a second instruction given by the touch operation instruction to start a recording of the second image signal, (see paragraph 0042 user transmitting audio as a means of establishing communications operations or as an alternate to using a physical user interface; see paragraph 0029 sending video feed from each camera; see paragraph 0042 user transmitting audio as a means of establishing communications operations or as an alternate to using a physical user interface; see paragraph 0037 touch screen as an interface).
Claim 1 differs from Desai in that the claim further requires the standby time includes a first standby time between a recognition of the first instruction and a start of the recording of the first image signal and a second standby time between a recognition of the first instruction and a start of the recording of the first image signal, the first standby time being longer than the second standby time; and a control circuitry, wherein the control circuitry is configured to: in response to the first instruction given by command voice, switch a state from a first state in which the first camera is disabled and the second camera is enabled to a second state in which the first camera is enabled and the second camera is disabled and the standby time from the second standby time to the first standby time automatically; and control the recorder to record the first image signal acquired by the first camera on the storage upon the switched first standby time has elapsed.
In the same field of endeavor Konicek discloses standby time that includes a first standby time between a recognition of the first instruction and a start of the recording of the first image signal and a second standby time between a recognition of the first instruction and a start of the recording of the first image signal, the first standby time being longer than the second standby time (see paragraph 0022 a predetermined delay introduced between recognizing a voice command and the camera actually implementing the command); and a control circuitry, wherein the control circuitry is configured to: in response to the first instruction given by command voice, switch a state from a first state in which the first camera is disabled and the second camera is enabled to a second state in which the first camera is enabled and the second camera is disabled and the standby time from the second standby time to the first standby time automatically (see paragraph 0022 if the command camera system recognized the command as coming from the frontside microphone, delay is used; but if the command came from the backside, then no delay is used; see paragraph 0002 voice operated cameras; paragraph 0011 voice recognition cameras where one microphone placed on the back and one on the front; use has the ability to select which microphone is used as the input to the voice recognition unit; see paragraph 0013 selecting outputs as being the camera controller’s voice recognition input; see also claim 1 of the applied prior art); and control the recorder to record the first image signal acquired by the first camera on the storage upon the switched first standby time has elapsed (see paragraphs 0013, 0022 and 0049 storing/recording images captured by the cameras).
Therefore, in light of the teaching in Konicek, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Desai by specifically adding the features of standby time as claimed and switching the state of the camera as claimed in order to allow time for the user to close her/his mouth quickly or to settled down quickly before the picture is taken and to control some aspect of the camera operation in response to voice commands.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.12,284,437. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reason sets forth below.
Regarding claim 1, the Patent application claim 1 recites an image recording method of an image recording device configured to execute a plurality of different photographing processes, comprising the steps of: photographing an object and acquiring an image signal by a first camera or a second camera, the first camera being arranged on the same face side of a touch display and configured to acquire a first image signal, the second camera being arranged on an opposite side of the touch display and configured to acquire a second image signal; receiving a command voice from an audio input interface; controlling to enable one of the first camera and the second camera; when the audio input interface receives the command voice giving a first instruction to start a recording of an image signal in a state in which the first camera is enabled, controlling to start a recording of the first image signal in response to the first instruction; when the touch display receives the touch operation instruction giving a second instruction, to start a recording of an image signal in a state in which the second camera is enabled, controlling to start a recording of the second image signal in response to the second instruction; and performing control such that a first standby time between a recognition of the first instruction and a start of the recording of the first image signal acquired by the first camera after the first camera is enabled and the second camera is disabled is longer than a second standby time between the recognition of the second instruction and a start of the recording of the second image signal acquired by the second camera after the second camera is enabled and the first camera is disabled.
Although, the conflicting claims are not identical, they are rejectable under obvious -type double patenting.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.11696021. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reason sets forth below.
Regarding claim 1, the Patent application claim 1 recites an image recording device configured to execute a plurality of different photographing processes, comprising: an audio input interface configured to receive a command voice; a touch display arranged on a first surface of the image recording device and configured to display an image signal and receive a touch operation instruction; a first camera arranged on the same side of the touch display and configured to photograph an object and acquire a first image signal; a second camera arranged on an opposite side of the touch display and configured to photograph an object and acquire a second image signal; a recorder configured to record at least one of the first image signal or the second image signal on a storage; and a control circuitry, wherein the control circuitry is configured to: control such that one of the first camera and the second camera is enabled, control such that, when the audio input interface receives the command voice giving a first instruction to start a recording of an image signal in a state in which the first camera is enabled, the recorder starts a recording of the first image signal on the storage in response to the first instruction, control such that, when the touch display receives the touch operation instruction giving a second instruction to start a recording of an image signal in a state in which the second camera is enabled, the recorder starts a recording of the second image signal on the storage in response to the second instruction, and control such that a first standby time between a recognition of the first instruction and a start of the recording of the first image signal acquired by the first camera after the first camera is enabled and the second camera is disabled is longer than a second standby time between the recognition of the second instruction and a start of the recording of the second image signal acquired by the second camera after the second camera is enabled and the first camera is disabled.
Although, the conflicting claims are not identical, they are rejectable under obvious -type double patenting.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.11223757. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reason sets forth below.
Regarding claim 1, the Patent application claim 1 recites an image recording device configured to execute a plurality of different photographing processes, comprising: an audio input interface configured to receive a command voice; a touch display arranged on a first surface of the image recording device and configured to display an image signal and receive a touch operation instruction; a first camera arranged on a same side of the touch display and configured to photograph an object and acquire a first image signal; a second camera arranged on an opposite side of the touch display and configured to photograph an object and acquire a second image signal; a recorder configured to record at least one of the first image signal or the second image signal on a storage; and a controller, wherein the controller is configured to: control such that, when the audio input interface receives the command voice giving a first instruction to start a recording of an image signal, the recorder starts a recording of the first image signal acquired by the first camera on the storage in response to the first instruction, control such that, when the touch display receives the touch operation instruction giving a second instruction to start a recording of an image signal, the recorder starts a recording of the second image signal acquired by the second camera on the storage in response to the second instruction, and control such that a first standby time of a case where the first camera is enabled and the second camera is disabled is longer than a second standby time of a case where the second camera is enabled and the first camera is disabled, wherein the first standby time is a time from a recognition of the first instruction to a start of the recording of the first image signal acquired by the first camera, and the second standby time is a time from a recognition of the second instruction to a start of the recording of the second image signal acquired by the second camera.
Although, the conflicting claims are not identical, they are rejectable under obvious -type double patenting.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No.10511757. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reason sets forth below.
Regarding claim 1, the Patent application claim 1 recites a video recording device configured to execute a plurality of different photographing processes, comprising: an audio input interface configured to receive a command voice; a touch display arranged on a first surface of the video recording device and configured to display a video signal and receive a touch operation instruction; a first camera arranged on the same side of the touch display and configured to photograph an object and acquire a first video signal; a second camera arranged on an opposite side of the touch display and configured to photograph an object and acquire a second video signal; a recorder configured to record at least one of the first video signal or the second video signal on a storage; and a controller, wherein the controller is configured to: control such that one of the first camera and the second camera is enabled, control such that, when the audio input interface receives the command voice giving a first instruction to start a recording of a video signal in a state in which the first camera is enabled, the recorder starts a recording of the first video signal on the storage in response to the first instruction, control such that, when the touch display receives the touch operation instruction giving a second instruction to start a recording of a video signal in a state in which the second camera is enabled, the recorder starts a recording of the second video signal on the storage in response to the second instruction, and control such that a standby time from a recognition of the first instruction to a start of the recording of the first video signal is larger than a standby time from a recognition of the second instruction to a start of the recording of the second video signal.
Although, the conflicting claims are not identical, they are rejectable under obvious -type double patenting.
Conclusion
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/HELEN SHIBRU/ Primary Examiner, Art Unit 2484 February 27, 2026