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 .
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/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim[1] of prior U.S. Patent No.[11, 006, 067]. This is a statutory double patenting rejection.
Below is the table showing the conflicting claims
US. 19/208,893
US Pat. No. 11, 006, 067
1. An electronic apparatus comprising: an input unit, of an image sensor having a plurality of imaging regions at which different imaging conditions can be set,
into which there are input (i) first image data of a subject imaged in a first imaging region of the plurality of imaging regions and at which a first imaging condition of the image sensor is set,
(ii) second image data of a subject imaged in a second imaging region of the plurality of imaging regions and at which a second imaging condition of the image sensor is set,
(iii) first position information showing a position of the first imaging region at which the first imaging condition is set,
(iv) second position information showing a position of the second imaging region at which the second imaging condition is set,
(v) first subject information showing a type of the subject imaged in the first imaging region at which the first imaging condition is set,
and (vi) second subject information showing a type of the subject imaged in the second imaging region at which the second imaging condition is set;
and a recording control unit that records, in association with each other, (1) the first image data, (2) the first position information, and (3) the first subject information that have been input to the input unit, and also records, in association with each other, (4) the second image data, (5) the second position information, and (6) the second subject information that have been input to the input unit.
1. An electronic apparatus comprising: an input unit, of an image sensor having a plurality of imaging regions at which different imaging conditions can be set,
into which there are input (i) first image data of a subject imaged in a first imaging region of the plurality of imaging regions and at which a first imaging condition of the image sensor is set,
(ii) second image data of a subject imaged in a second imaging region of the plurality of imaging regions and at which a second imaging condition of the image sensor is set,
(iii) first position information showing a position of the first imaging region at which the first imaging condition is set,
(iv) second position information showing a position of the second imaging region at which the second imaging condition is set,
(v) first subject information showing a type of the subject imaged in the first imaging region at which the first imaging condition is set,
and (vi) second subject information showing a type of the subject imaged in the second imaging region at which the second imaging condition is set;
and a recording control unit that records, in association with each other, (1) the first image data, (2) the first position information, and (3) the first subject information that have been input to the input unit, and also records, in association with each other, (4) the second image data, (5) the second position information, and (6) the second subject information that have been input to the input unit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Border (US. Pat. No. 8, 605,185) discloses: Multiple different capture rates (or frame rates) of regions or groups of pixels on an image sensor can be supported simultaneously on some types of image sensors such as CMOS image sensors. Commonly-assigned U.S. Patent Application Publication No. 2008/0084486 describes a method of using an image sensor in an image capture device to provide at least two different video signals at different capture rates. In col. 4 lines 3-10.
Kitano (US. Pat. No. 8, 841, 628) discloses: a recording unit (image capturing history recording unit) 216 for recording the image data transferred from the electronic cassette 20 through the communication unit 214, a program, and the like, and a database 220 having a table 218, which stores image capturing conditions including irradiation times of the radiation 16 associated with imaging areas and diagnostic sites. In col. 38 lines 13-19.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
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/AHMED A BERHAN/Primary Examiner, Art Unit 2639
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