IMAGE SENSOR AND IMAGE-CAPTURING DEVICE

Application No. 19/170,257

• Filed: Apr 04, 2025
• Priority: Mar 30, 2012 — JP 2012-081167
  • Mar 29, 2013 — nonprovisional of PCTJP2013059622
  • Sep 30, 2014 — continuation of 14/389,458
  • Dec 18, 2017 — continuation of 10/341,620
  • Dec 27, 2018 — continuation of 10/560,669
  • Dec 30, 2019 — continuation of 16/729,931
  • Jul 12, 2023 — continuation of 12/294,795
• Examiner: MOREHEAD III, JOHN H
• Assignee: NIKON Corporation
• OA Round: 1 (Non-Final)

Office Action

DETAILED ACTION
Claim 1 is pending in the application.

Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.

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. 12,294,795 B2. This is a statutory double patenting rejection.

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H MOREHEAD III whose telephone number is [phone]. The examiner can normally be reached M - F 0930-1800 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) 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 at [phone]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN H MOREHEAD III/Examiner, Art Unit 2639

/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639

Prosecution Timeline

• Apr 04, 2025: Application Filed
• Jun 24, 2026: Non-Final Rejection mailed — §101 (current)