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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: sound pickup unit and image pickup unit in claims 1-2, 6, 9, 11-12 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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 1-3, 5-8, 11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hosoe (US2019/0154949).
Regarding claim 1, Hosoe discloses an image pickup apparatus comprising:
a sound pickup unit configured to pick up sound during moving image capturing (Fig. 65A or 71A: microphone input section 5160 in camera body 10; [0453]);
a fan (Fig. 65C and 71B: See cooling fan 5300 on the back or rear camera body 10 or fan 5730 in the heat dissipated module 20; [0448; 0453]);
an elastic member provided in contact with the fan (Fig, 69A-69B: fan rubber 5306 or 5760; [0463-0464; 0465-0468]); and
a first component that fixes the fan through the elastic member (Fig. 66: See internal airduct portion 5302 where the fan rubber 5306 fixes inside the airduct 5302; [0465]), wherein the first component does not contact the sound pickup unit ([0453]: According to Hosoe, the “audio input section 5160 is arranged at a location remote from the cooling fan 5300 provided on the rear side of the camera body 10 of FIG. 65C”. Therefore, the air duct portion where the fan rubber 5306 and fan 5300 come in contact, are also remote from audio input section 5160).
Regarding claim 2, Hosoe discloses the image pickup apparatus according to claim 1, further comprising a second component that fixes the first component (Fig. 71B: See elastic member 5740 where both air duct 5306 and 5750 are fixed to each other; [0465]), wherein the second component does not contact the sound pickup unit (Fig. 65A, 70A and 71B: Elastic member 5740 is on the rear of camera body 10 and airduct 5750 is in the heat dissipating body 20 while microphone input 5160 is in the front of camera body 10).
Regarding claim 3, Hosoe discloses the image pickup apparatus according to claim 2, wherein the second component (5740) dissipates heat by using airflow generated by the fan (5300/5730), and wherein the first component (airduct 5302) and the second component (5750/5740) form part of a flow path of the airflow (Fig. 71B: see inlet air connection between airduct 5302 and 5750 via elastic member 5740).
Regarding claim 5, Hosoe discloses the image pickup apparatus according to claim 1, wherein the elastic member has an opening portion configured to serve as a vent for airflow generated by the fan (Fig. 69A: See opening of fan rubber 5306; [0463-0464]).
Regarding claim 6, Hosoe discloses the image pickup apparatus according to claim 1, wherein the sound pickup unit includes a microphone and a component having an opening configured to guide sound to the microphone (Fig. 65A: See left audio input section 5160 with wire-mess that receive external sound; [0448; 0453]).
Regarding claim 7, Hosoe discloses the image pickup apparatus according to claim 1, wherein the fan includes a movable portion (Fig. 68A, 68B and 69B: See rotors of fan 5300) and a fixed portion rotatably supporting the movable portion (center of fan body that support the axial and fan rotor) and having a plurality of surfaces (Fig. 68A, 68B, 69B: See different surfaces of rotors and body of fan 5300), and wherein only one of the plurality of surfaces is fixed inside the image pickup apparatus (Fig. 71B shows only the side surfaces of the fan 5300 are fixed inside the airduct 5302 of camera body 10).
Regarding claim 8, Hosoe discloses the image pickup apparatus according to claim 1, wherein the fan (5300) is fixed to the first component (5302) by bonding through the elastic member (Fig. 69A and 5306; [0448; 0453; 0467-0468]).
Regarding claim 11, Hosoe discloses image pickup apparatus according to claim 1, wherein the fan exhausts air in a direction in which the sound pickup unit is not disposed (Fig. 71B shows arrow of air direction toward the rear of camera body 10 while audio input section 5160 is located in the front of camera body 10 in Fig.65A).
Regarding claim 13, Hosoe discloses the image pickup apparatus according to claim 1, further comprising a windbreak unit disposed in a direction different from a direction in which the fan exhausts air (Fig. 27A-27B: See partition 2804; [0322] ; Fig. 30A: 2318; [0325]).
Regarding claim 14, Hosoe discloses the image pickup apparatus according to claim 1, further comprising at least one processor that executes instructions to control the image pickup apparatus ([0458]: CPU 5150).
Regarding claim 15, Hosoe discloses the image pickup apparatus according to claim 1, further comprising a memory configured to store audio data acquired by the sound pickup unit ( [0448-0450]: memory 5153 or RAM 5152).
Claim Rejections - 35 USC § 103
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hosoe in view of Yasuda (US2011/0048912).
Regarding claim 4, Hosoe fails to disclose the image pickup apparatus according to claim 2, further comprising: a first exterior member that holds the sound pickup unit; and a second exterior member provided in contact with the first exterior member.
In an analogous of art, Yasuda teaches accessories such that an external electronic flash with a large amount of light emission, one of various finders, and a high performance external microphone can be attached to the hot shoe 105. Yasuda further teaches that the hot shoe 105 is often configured by a metal member. In addition, to obtain optimum light distribution by an external electronic flash, there is a constraint that the hot shoe 105 needs to be provided on the top surface of the digital still camera 100 and directly above the optical axis. Furthermore, to establish an electrical connection between the digital still camera 100 and various accessories, the hot shoe 105 is provided with a plurality of electric contacts ([0023]: See first and second member or external surfaces of hot shoe 105 in Fig. 1-2B and 4). In light of the teaching from Yasuda, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a hot shoe on top surface of a camera and directly above the optical axis. The modification thus provide a means for attaching an external electronic flash with obtain optimum light distribution, various finders or high performance external microphone (Yasuda: [0023]).
Hosoe as modified by Yasuda discloses wherein the fan (Hosoe: Fig. 65C and 71B: See cooling fan 5300 on the back or rear camera body 10 or fan 5730 in the heat dissipated module 20; [0448; 0453]), the elastic member (Hosoe: Fig, 69A-69B: fan rubber 5306 or 5760), the first component (Hosoe: Fig. 66: See internal airduct portion 5302 where the fan rubber 5306 fixes inside the airduct 5302; [0465]), and the second component (Hosoe: Fig. 71B: See elastic member 5740 where both air duct 5306 and 5750 are fixed to each other; [0465]) do not contact the first exterior member nor the second exterior member (Hosoe: According to Hosoe, the “audio input section 5160 is arranged at a location remote from the cooling fan 5300 provided on the rear side of the camera body 10 of FIG. 65C”. Therefore, the air duct portion where the fan rubber 5306 and fan 5300 come in contact, are also remote from audio input section 5160; [0453]; According to Yasuda, to obtain optimum light distribution by an external electronic flash, there is a constraint that the hot shoe 105 needs to be provided on the top surface of the digital still camera 100 and directly above the optical axis. Therefore, fans on rear body of camera 10 and heat dissipating module 20 do not contact the external surfaces of the modified hot shoe).
Allowable Subject Matter
Claim 9 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, the prior art of Hosoe discloses a camera system that uses rubber fan for removing fans noise. The prior art of Yasuda teaches accessories such that an external electronic flash with a large amount of light emission, one of various finders, and a high performance external microphone can be attached to the hot shoe 105. The prior art of Nakamura (US2021/0255527) discloses a hot shoe that is located between an internal microphone and air outlet. The prior art of Iritani (US2021/0373417) discloses a hot shoe between a fan and microphone unit.
The prior art of Wantanabe (US20230200004) discloses an acquiring unit configured to acquire a type of microphone used to record audio and a control unit configured to control a rotation frequency for driving the heat radiation fan. The prior art of Suzuki (US20230179847) discloses a hot shoe between a top internal microphone and a bottom fan. Thus, while many references teaches plurality of image capture region with different graphical user interfaces, none of the references alone or in combination, provide a motivation to teach the image pickup apparatus according to claim 9 further in combination with: “further comprising: an imaging unit; and an accessory shoe for mounting an external accessory, wherein the accessory shoe, the sound pickup unit, and the fan are disposed on a top surface of the imaging unit and arranged in a direction orthogonal to an optical axis, and wherein the accessory shoe is disposed between the sound pickup unit and the fan”.
Regarding dependent claims 10 and 12, the claims are objected as being dependent upon the objected claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG H LAM whose telephone number is (571)272-7367. The examiner can normally be reached 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TWYLER HASKINS can be reached at (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG H LAM/Primary Examiner, Art Unit 2639 09/26/26
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