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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/02/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 5 and 7-8 of U.S. Patent No. 12,316,958.
The claim 1 of instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof, although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 is generic to all that is recited in claim 1 of the patent No. 12,316,958. That is, claim 1 is anticipated by claim 1 of the patent No. 12,316,958.
Instant Application 19/197,147
U.S. Patent No. 12,316,958
1.An imaging device comprising a processor configured to:
receive a first setting condition of a video image quality setting for captured video image data;
receive a second setting condition of a monitor image quality setting for the captured video image data; and
output information indicating a difference between the first setting condition and the second setting condition.
1.An imaging device comprising:
a connection unit that is connectable to an external device; and a processor configured to perform:
processing of generating first video image data from captured video image data on the basis of a first setting condition;
processing of generating second video image data from the captured video image data on the basis of a second setting condition; processing of generating third video image data indicating a difference between the first setting condition and the second setting condition on the basis of the first video image data and the second video image data; and processing of outputting the third video image data to the external device via the connection unit, wherein the first setting condition is a condition set in the imaging device, and the second setting condition is a condition set in the external device.
2. The imaging device according to claim 1, wherein the processor is configured to: generate first video image data on the basis of the first setting condition; and generate second video image data on the basis of the second setting condition.
1… processing of generating first video image data from captured video image data on the basis of a first setting condition; processing of generating second video image data from the captured video image data on the basis of a second setting condition…
3. The imaging device according to claim 2, wherein the processor is configured to: generate third video image data by alternately arranging a frame constituting the first video image data and a frame constituting the second video image data; and output the third video image data as the information indicating the difference between the first setting condition and the second setting condition.
2. The imaging device according to claim 1, wherein the processor generates the third video image data by alternately arranging a frame constituting the first video image data and a frame constituting the second video image data.
1…processing of generating third video image data indicating a difference between the first setting condition and the second setting condition on the basis of the first video image data and the second video image data; and processing of outputting the third video image data to the external device via the connection unit, wherein the first setting condition is a condition set in the imaging device, and the second setting condition is a condition set in the external device…
4. The imaging device according to claim 2, wherein the processor is configured to: generate third video image data by alternately arranging a plurality of frames constituting the first video image data and a plurality of frames constituting the second video image data; and output the third video image data as the information indicating the difference between the first setting condition and the second setting condition.
2. The imaging device according to claim 1, wherein the processor generates the third video image data by alternately arranging a frame constituting the first video image data and a frame constituting the second video image data.
1…processing of generating third video image data indicating a difference between the first setting condition and the second setting condition on the basis of the first video image data and the second video image data; and processing of outputting the third video image data to the external device via the connection unit, wherein the first setting condition is a condition set in the imaging device, and the second setting condition is a condition set in the external device…
5. The imaging device according to claim 2, wherein the processor is configured to: generate third video image data by combining a frame constituting the first video image data and a frame constituting the second video image data; and output the third video image data as the information indicating the difference between the first setting condition and the second setting condition.
5. The imaging device according to claim 1, wherein the processor generates the third video image data by combining a frame constituting the first video image data and a frame constituting the second video image data.
1…processing of generating third video image data indicating a difference between the first setting condition and the second setting condition on the basis of the first video image data and the second video image data; and processing of outputting the third video image data to the external device via the connection unit, wherein the processor outputs the first video image data instead of the third video image data in a case where a signal of a recording start instruction for the external device is received via the connection unit.
6. The imaging device according to claim 5, wherein the processor is configured to generate the third video image data by combining the frame constituting the first video image data and the frame constituting the second video image data side by side.
5. The imaging device according to claim 1, wherein the processor generates the third video image data by combining a frame constituting the first video image data and a frame constituting the second video image data.
7. The imaging device according to claim 5, wherein the processor is configured to generate the third video image data by superimposing and combining the frame constituting the first video image data and the frame constituting the second video image data.
7. The imaging device according to claim 5, wherein the processor generates the third video image data by superimposing and combining the frame constituting the first video image data and the frame constituting the second video image data.
8. The imaging device according to claim 5, wherein the processor is configured to generate the third video image data by combining a part of the frame constituting the first video image data and a part of the frame constituting the second video image data.
8. The imaging device according to claim 5, wherein the processor generates the third video image data by combining a part of the frame constituting the first video image data and a part of the frame constituting the second video image data.
Claims 9-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 5 and 7-8 of U.S. Patent No. 12,316,958.
Regarding claim 9, U.S Patent No. 12,316,958 discloses the imaging device according to claim 1.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 10, U.S Patent No. 12,316,958 discloses the imaging device according to claim 2.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 11, U.S Patent No. 12,316,958 discloses the imaging device according to claim 3.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 12, U.S Patent No. 12,316,958 discloses the imaging device according to claim 4.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 13, U.S Patent No. 12,316,958 discloses the imaging device according to claim 5.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 14, U.S Patent No. 12,316,958 discloses the imaging device according to claim 6.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 15, U.S Patent No. 12,316,958 discloses the imaging device according to claim 7.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 16, U.S Patent No. 12,316,958 discloses the imaging device according to claim 8.
U.S Patent No. 12,316,958 does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into U.S Patent No. 12,316,958’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamagishi (US 2011/0194130).
Regarding claim 1, Yamagishi discloses an imaging device comprising a processor configured to:
receive a first setting condition of a video image quality setting for captured video image data (Yamagishi: see fig. 1 and par. [0037], receive a first setting condition of a video image quality setting as the profile reader 5a for captured video image data);
receive a second setting condition of a monitor image quality setting for the captured video image data (Yamagishi: see fig. 1 and par. [0037], receive a second setting condition of a monitor image quality setting as the profile reader 5b for the captured video image data); and
output information indicating a difference between the first setting condition and the second setting condition (Yamagishi: see par. [0039], output information indicating a different between the first setting condition and the second setting condition as color gamut difference information based on the color gamut information of the first output device 2 entered from the color gamut calculator 6a and the color gamut information of the second output device 3 entered from the color gamut calculator 6b).
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.
Claims 2 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamagishi (US 2011/0194130).
Regarding claim 2, Yamagishi discloses the imaging device according to claim 1.
Yamagishi does not explicitly disclose that the processor is configured to: generate first video image data on the basis of the first setting condition; and generate second video image data on the basis of the second setting condition.
The Examiner takes Official Notice that the processor configured to: generate first video image data on the basis of the first setting condition; and generate second video image data on the basis of the second setting condition is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into Yamagishi’s system to obtain video image data.
The rational to do so is to assist the user to observe image data output from the devices.
Regarding claim 9, Yamagishi discloses the imaging device according to claim 1.
Yamagishi does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into Yamagishi’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Regarding claim 10, Yamagishi discloses the imaging device according to claim 2.
Yamagishi does not explicitly disclose comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit.
The Examiner takes Official Notice that comprising a connection unit connectable to an external device, wherein the processor is configured to receive the second setting condition through the connection unit is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that teaching into Yamagishi’s system to transfer the image data.
The rational to do so is to communicate image data between devices.
Allowable Subject Matter
Claims 3-8 and 11-16 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 and if the Double Patenting rejection noted above is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM.
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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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/CHAN T NGUYEN/Patent Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638
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