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 .
DETAILED ACTION
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 1-3 and 5-31 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-28 of U.S. Patent No. US 12316939 B2 (hereinafter “Pat’939”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instance Application
Pat’939
1. A filter for use with a camera, the filter comprising:
an electronic display configured for attachment with a camera lens system to filter an image passing to a camera, wherein the electronic display comprises filter level settings that are calibrated to at least one of iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter;
a controller configured to electrically control the filtering of the electronic display; and
receiving means for receiving a control signal for controlling the controller;
wherein the electronic display is configured to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to change filter settings based on at least one of different iris T-stop settings, different focus settings, different zoom settings, and different light exposure measurements according to the respective calibrated filter level settings.
1. A filter for use with a camera system comprising a camera and a camera lens, the filter comprising:
an electronic display configured for attachment with the camera system to filter an image passed through the electronic display to the camera, wherein the electronic display functions only as a neutral density filter to adjust an amount of light from an image received by the electronic display that is transmitted to the camera, wherein the electronic display comprises different neutral density filter level settings that are calibrated to at least one of different iris T-stop settings of the camera lens, different focus settings of the camera lens, different zoom settings of the camera lens, and different light exposure measurements of a light meter and stored in a memory within the electronic display;
a housing connected along one or more sides of the electronic display forming a combined assembly, wherein the combined electronic display and housing assembly has a planar configuration defined by opposed front and back electronic display and housing surfaces;
a controller disposed in the housing and configured to electrically control the filtering of the electronic display;
an input that is part of the housing for receiving a control signal from a remote device separate from the camera and configured to control one or more of the focus setting, zoom setting, T-stop setting, wherein the control signal controls the electronic display controller; and
a user input that is part of the housing and configured to enable a user manual interaction therewith to provide a control signal for controlling the controller;
wherein the electronic display is configured to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to provide a setting selected by the controller among the calibrated stored different neutral density filter level settings as a respective calibrated neutral density filter level setting change simultaneously based on at least one of different iris T-stop settings, different focus settings, different zoom settings, and different light exposure measurements.
2. The filter of claim 1, wherein the electronic display includes liquid-crystals therein for filtering the image.
2. The filter of claim 1, wherein the electronic display includes liquid-crystals therein for filtering the image.
3. The filter of claim 1, wherein the electronic display is a neutral density filter and the filter level settings are different neutral density levels.
1… wherein the electronic display functions only as a neutral density filter to adjust an amount of light from an image received by the electronic display that is transmitted to the camera, wherein the electronic display comprises different neutral density filter level settings…
5. The filter of claim 1, further comprising a housing coupled to the electronic display, and wherein the controller and the receiving means are positioned within the housing.
1… a housing connected along one or more sides of the electronic display…
a controller disposed in the housing…
an input that is part of the housing for receiving a control signal …
6. The filter of claim 4, wherein the housing comprises at least a portion of a frame for the electronic display.
1… a housing connected along one or more sides of the electronic display forming a combined assembly, wherein the combined electronic display and housing assembly has a planar configuration defined by opposed front and back electronic display and housing surfaces;
7. The filter of claim 1, wherein the electronic display is configured to removably couple to a matte box for coupling to the camera lens.
4. The filter of claim 1, wherein the electronic display is configured to removably couple to a matte box for coupling to the camera lens.
8. The filter of claim 1, wherein the electronic display filter level settings are calibrated to the camera lens iris T-stop settings, and the electronic display operates in synchrony with the camera lens iris.
6. The filter of claim 1, wherein the electronic display neutral density filter level settings are calibrated to the camera lens iris T-stop settings, and the electronic display operates in synchrony with the camera lens iris to simultaneously change the amount of filtering based on a change in the camera lens iris T-stop settings.
9. The filter of claim 1, wherein the electronic display filter level settings are calibrated to the camera lens focus settings, and wherein the electronic display operates in synchrony with the camera lens focus.
7. The filter of claim 1, wherein the electronic display neutral density filter level settings are calibrated to the camera lens focus settings, and wherein the electronic display operates in synchrony with the camera lens focus to simultaneously change the amount of filtering based on a change in the camera lens focus setting.
10. The filter of claim 7, wherein the electronic display filter level settings are calibrated to the camera lens iris settings, wherein the electronic display is synchronized to operate with the camera lens iris, and wherein the camera lens iris is operated in synchrony with the camera lens focus.
5. The filter of claim 4, wherein the electronic display neutral density filter level settings are calibrated to the camera lens iris T-stop settings, wherein the electronic display is synchronized to operate and simultaneously change filter settings with change of the camera lens iris T-stop settings, and wherein the camera lens iris is operated in synchrony with the camera lens focus.
11. The filter of claim 1, wherein the electronic display filter level settings are calibrated to the light exposure measurements of the light meter, and wherein the electronic display operates in synchrony with the light meter.
8. The filter of claim 1, wherein the electronic display neutral density filter level settings are calibrated to the light exposure measurements of the light meter, and wherein the electronic display operates in synchrony with the light meter to simultaneously change the amount of filtering based on a change in the light exposure measurements of the light meter.
12. The filter of claim 1, wherein the electronic display includes a first portion and a second portion, the first portion and second portion both configured to allow light to pass therethrough, and the controller is configured to electrically control the filtering of the electronic display such that the first portion filters the image at the same time the second portion does not filter the image.
9. The filter of claim 1, wherein the electronic display includes a first portion and a second portion, the first portion and second portion both configured to allow light to pass therethrough, and the controller is configured to electrically control the filtering of the electronic display such that the first portion filters the image at the same time the second portion does not filter the image.
13. The filter of claim 12, wherein the controller is configured to electrically control the filtering of the electronic display such that the second portion filters the image at the same time the first portion does not filter the image.
10. The filter of claim 9, wherein the controller is configured to electrically control the filtering of the electronic display such that the second portion filters the image at the same time the first portion does not filter the image.
14. The filter of claim 1, wherein the receiving means comprises a wireless signal receiver.
15. The filter of claim 1, wherein the receiving means comprises a serial input port.
16. The filter of claim 1, wherein the filter is attached to an object side of the camera lens system.
11. The filter of claim 1, wherein the input comprises a wireless signal receiver.
12. The filter of claim 1, wherein the input comprises a serial input port.
13. The filter of claim 1, wherein the filter is attached to an object side of the camera system.
17. A filter for a camera system, the filter comprising:
an electronic display configured to couple to a portion of the camera system in an optical path of the camera system and configured to filter an image passing through the electronic display for the camera system, the electronic display comprising liquid crystals that are configured to enable the electronic display to provide different levels of neutral density filtering of light through the electronic display;
means for storing different programmed neutral density filter settings that are calibrated to at least one of different iris T-stop settings of a camera lens, focus settings of a camera lens, camera lens zoom settings, and light exposure measurements of a light meter;
a controller configured to control the filtering of the electronic display; and
means for receiving a control signal for controlling the controller;
wherein the electronic display is controlled to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to change the neutral density level provided by the electronic display based on at least one of the different iris T-stop settings, different focus settings, different zoom settings, and different light exposure measurements according to the respective calibrated filter settings.
14. A filter for a camera system, the filter comprising:
an electronic display configured to couple to a portion of the camera system in an optical path of the camera system and configured to filter an image passing through the electronic display for the camera system for image capture, wherein the electronic display only functions as a neutral density filter and comprises liquid crystals that are configured to enable the electronic display to provide different levels of neutral density filtering of light through the electronic display;
means for storing different programmed neutral density filter settings that are calibrated to at least one of different iris T-stop settings of a camera lens, different focus settings of a camera lens, different camera lens zoom settings, and different light exposure measurements of a light meter;
a housing that is attached to and frames the electronic display forming a combined assembly, wherein the combined assembly has a planar configuration defined by opposed front and back electronic display and housing surfaces, wherein the means for storing is disposed within the housing;
a controller disposed within the housing and configured to control the filtering of the electronic display;
means for receiving a control signal from a remoted device for controlling the controller;
a user input disposed in the housing and configured to enable user contact therewith to control the controller and adjust an amount of neutral density filtering;
wherein the electronic display is controlled to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to simultaneously change the neutral density level provided by the electronic display to the calibrated setting selected by the controller among the stored calibrated different programmed neutral density filter settings based on a change to at least one of the iris T-stop settings, the focus settings, the zoom settings, and the light exposure measurements.
18. The filter of claim 17, wherein the filter is configured to couple to the camera system between a camera lens of the camera system and an image receiver of the camera system.
19. The filter of claim 17, wherein the filter is configured to couple to the camera system at an object side of a camera lens of the camera system.
20. The filter of claim 17, further comprising a processor configured to enable the filter to be programmed to assign different neutral density filter settings to at least one of the different iris T-stop settings, the focus settings, the zoom settings, and the different light exposure measurements to thereby provide the calibrated filter settings.
15. The filter of claim 14, wherein the filter is configured to couple to the camera system between a camera lens of the camera system and an image receiver of the camera system.
16. The filter of claim 14, wherein the filter is configured to couple to the camera system at an object side of a camera lens of the camera system.
17. The filter of claim 14, further comprising a processor configured to enable the filter to be programmed to assign different neutral density filter settings to at least one of the different iris T-stop settings, the different focus settings, the different zoom settings, and the different light exposure measurements to thereby provide the calibrated filter settings.
21. The filter of claim 17, wherein the calibrated filter settings are calibrated to the camera lens iris, and the electronic display operates in synchrony with the camera lens iris.
18. The filter of claim 14, wherein the calibrated neutral density filter settings are calibrated to the camera lens iris, and the electronic display operates in synchrony with the camera lens iris by use of the means for receiving to simultaneously provide the calibrated neutral density filter setting that corresponds to the different camera lens iris T-stop setting.
22. The filter of claim 17, wherein the calibrated filter settings are calibrated to the camera lens focus, and wherein the electronic display operates in synchrony with the camera lens focus.
19. The filter of claim 14, wherein the calibrated neutral density filter settings are calibrated to the camera lens focus, and wherein the electronic display operates in synchrony with the camera lens focus by use of the means for receiving to simultaneously provide the calibrated neutral density filter setting that corresponds to the different camera lens focus setting.
23. The filter of claim 17, wherein the calibrated filter settings are calibrated to the camera lens iris, and wherein the electronic display operates in synchrony with the camera lens iris, and wherein the camera lens focus operates in synchrony with the and camera lens iris.
20. The filter of claim 14, wherein the calibrated neutral density filter settings are calibrated to the camera lens iris, and wherein the electronic display operates in synchrony with the camera lens iris by use of the means for receiving to simultaneously provide the calibrated neutral density filter setting that corresponds to the different camera lens iris T-stop setting, and wherein the camera lens focus operates in synchrony with the camera lens iris.
24. The filter of claim 17, wherein the calibrated filter settings are calibrated to the light exposure measurements, and wherein the electronic display operates in synchrony with the light meter.
21. The filter of claim 14, wherein the calibrated neutral density filter settings are calibrated to the light exposure measurements, and wherein the electronic display operates in synchrony with the light meter by use of the means for receiving to simultaneously provide the calibrated neutral density filter setting that corresponds to the different light exposure measurement.
25. A method of filtering an image for a camera system comprising a camera, a camera lens, and an electronic display coupled to the camera system, the method comprising:
inputting filter settings into the electronic display device that are calibrated with at least one of iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter; and
filtering with the electronic display an amount of light passing to the camera, wherein during the step of filtering the electronic display is operating in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter, to provide a calibrated filter setting associated with the respective camera lens iris, camera lens focus, camera lens zoom, and the light meter.
22. A method of filtering an image for a camera system comprising a camera, a camera lens, and an electronic display device coupled to the camera system, the method comprising:
inputting neutral density filter settings into a memory within the electronic display device that are calibrated with at least one of different iris T-stop settings of the camera lens, different focus settings of the camera lens, different zoom settings of the camera lens, and different light exposure measurements of a light meter, wherein the electronic display device only functions as a neutral density filter, wherein the electronic display device comprises a housing that is attached thereto along one or more sides of the electronic display device forming a combined assembly, wherein a controller is disposed within the housing and configured operate the electronic display device based on the input neutral density settings; and
filtering with the electronic display device an amount of light transmitted to the camera, wherein during the step of filtering the electronic display device is operating in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter, to simultaneously provide a setting selected by the controller among the input calibrated neutral density settings stored in the memory as a calibrated neutral density filter setting associated with the at least one respective different camera lens iris T-stop setting, different camera lens focus setting, different camera lens zoom setting, and the different light exposure measurement, and wherein a user-operated control device remote from the camera and the electronic display device is in communication with the electronic display device through a signal receiving means in the housing to provide a signal to the electronic display device that provides the calibrated neutral density filter setting during the step of filtering.
26. The method of claim 25, wherein the step of inputting comprises programming the at least one of the iris T-stop settings, the focus settings, the zoom settings, and the light exposure measurements with an associated electronic display filter setting to thereby develop the calibrated filter settings.
23. The method of claim 22, wherein the step of inputting comprises programming the at least one of the different iris T-stop settings, the different focus settings, the different zoom settings, and the different light exposure measurements with an associated electronic display neutral density filter setting to thereby develop the calibrated neutral density filter settings.
27. The method of claim 25, wherein the step of filtering is provided by liquid crystals in the electronic display device to provide neutral density filtering.
24. The method of claim 22, wherein the step of filtering is provided by liquid crystals in the electronic display device.
28. The method of claim 25, wherein the electronic display device operates in synchrony with the camera lens iris, and during the step of filtering the electronic device provides a filter setting that is calibrated with the camera lens iris setting.
25. The method of claim 22, wherein the electronic display device operates in synchrony with the camera lens iris, and during the step of filtering the electronic display device simultaneously provides a neutral density filter setting that is calibrated with the different camera lens iris T-stop setting.
29. The method of claim 25, wherein the electronic display device operates in synchrony with the camera lens focus, and during the step of filtering the electronic device provides a filter setting that is calibrated with the camera lens focus.
26. The method of claim 22, wherein the electronic display device operates in synchrony with the camera lens focus, and during the step of filtering the electronic display device simultaneously provides a neutral density filter setting that is calibrated with the different camera lens focus setting.
30. The method of claim 25, wherein the electronic display device operates in synchrony with the camera lens iris that operates in synchrony with the camera lens focus, and during the step of filtering the electronic device provides a filter setting that is calibrated with the camera lens iris.
27. The method of claim 22, wherein the electronic display device operates in synchrony with the camera lens iris that operates in synchrony with the camera lens focus, and during the step of filtering the electronic display device simultaneously provides a neutral density filter setting that is calibrated with the different camera lens iris T-stop setting.
31. The method of claim 25, wherein the electronic display device operates in synchrony with the light meter, and during the step of filtering the electronic device provides a filter setting that is calibrated with the light meter.
28. The method of claim 22, wherein the electronic display device operates in synchrony with the light meter, and during the step of filtering the electronic display device simultaneously provides a neutral density filter setting that is calibrated with the different light meter exposure measurement.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. U.S. Patent No. US 12316939 B2 (hereinafter “Pat’939”) in view of Lee et al (EP 2648086 A2).
Regarding claim 4, claim 1 of Pat’939 teaches everything as claimed in claim 1, but fails to teach
wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image.
However, in the same field of endeavor Lee teaches
wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image (Fig. 4; paras. 0072, 0125; the transparent display including both OLED and LCD can function as a filter; OLED comprises one or more organic light-emitting diodes).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Lee in claim 1 of Pat’939 to have wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image for providing a display configuration providing better contrast, higher brightness and improved color image quality yielding a predicted result.
Claim Objections
Claim(s) 10, 23 and 28 is/are objected to because of the following informalities:
Claim 10 is suggested to be amended as “…the camera lens iris T-stop settings…” for citing a same term which is previous presented in claim 1 in line 5.
Claim 23 is suggested to be amended as “synchrony with the
Claim 28 is suggested to be amended as “…the camera lens iris T-stop setting…” for citing a same term which is previous presented in its parent claim.
Appropriate correction is required.
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:
“receiving means for receiving…” in claims 1 and 5;
“means for storing…” and “means for receiving…” in claim 17
These 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.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 6 and 25-31 is/are 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation "the housing" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 6 is suggested to be amended to depend from claim 5 instead of claim 4 for addressing this issue.
Claim 25 recites the limitation "the electronic display device" in lines 4-5 (also recited in claims 27-31). There is insufficient antecedent basis for this limitation in the claim. It is suggested to add “device” after “electronic display” in lines 2, 9 and 11 in claim 25 for addressing this issue.
Claims 26 and 27 are also rejected for being dependent of the base claim.
Claims 28-31 recites the limitation "the electronic device". There is insufficient antecedent basis for this limitation in the claim. It is suggested to be amended as “the electronic display device” for addressing this issue.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-9, 11-14, 16, 17, 19-22, 24-29 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 10-2014-0144455).
Regarding claim 1, Kim teaches A filter for use with a camera, the filter comprising:
an electronic display configured for attachment with a camera lens system to filter an image passing to a camera, wherein the electronic display comprises filter level settings that are calibrated to at least one of iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; it is noted that the reference does not need to teach all feature options of “iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter” to meet the claim requirement, but is only required to teach one option of the options, e.g. iris T-stop settings of the camera lens while other options are optional);
a controller configured to electrically control the filtering of the electronic display (Fig. 5; para. 0036; the light control device “52” electrically controls the filtering of the LCD filter 10); and
receiving means for receiving a control signal for controlling the controller (Fig. 5; paras. 0025, 0026, 0036; the communication module “51” for receiving a control signal via wireless or wire CL);
wherein the electronic display is configured to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to change filter settings based on at least one of different iris T-stop settings, different focus settings, different zoom settings, and different light exposure measurements according to the respective calibrated filter level settings (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance).
Regarding claim 2, Kim teaches the filter of claim 1, wherein the electronic display includes liquid-crystals therein for filtering the image (para. 0035).
Regarding claim 3, Kim teaches the filter of claim 1, wherein the electronic display is a neutral density filter and the filter level settings are different neutral density levels (Figs. 8, 6, paras. 0038, 0039, 0046-0055).
Regarding claim 5, Kim teaches the filter of claim 1, further comprising a housing coupled to the electronic display, and wherein the controller and the receiving means are positioned within the housing (Figs. 2, 5; housing 11).
Regarding claim 6, Kim teaches the filter of claim 4, wherein the housing comprises at least a portion of a frame for the electronic display (Figs. 2, 5).
Regarding claim 7, Kim teaches the filter of claim 1, wherein the electronic display is configured to removably couple to a matte box for coupling to the camera lens (Figs. 1, 2; paras. 0017, 0026).
Regarding claim 8, Kim teaches the filter of claim 1, wherein the electronic display filter level settings are calibrated to the camera lens iris T-stop settings, and the electronic display operates in synchrony with the camera lens iris (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance).
Regarding claim 9, Kim teaches the filter of claim 1, wherein the electronic display filter level settings are calibrated to the camera lens focus settings, and wherein the electronic display operates in synchrony with the camera lens focus (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance to the subject; the focus distance to the subject as the camera lens focus).
Regarding claim 11, Kim teaches the filter of claim 1, wherein the electronic display filter level settings are calibrated to the light exposure measurements of the light meter, and wherein the electronic display operates in synchrony with the light meter (this feature is directed to an optional feature of the feature options; since Kim already teaches one of the feature options in the parent claim, Kim teaches the features as claimed).
Regarding claim 12, Kim teaches the filter of claim 1, wherein the electronic display includes a first portion and a second portion, the first portion and second portion both configured to allow light to pass therethrough, and the controller is configured to electrically control the filtering of the electronic display such that the first portion filters the image at the same time the second portion does not filter the image (Figs. 6-3, 7-3; paras. 0038-0040; mask filtering settings).
Regarding claim 13, Kim teaches the filter of claim 12, wherein the controller is configured to electrically control the filtering of the electronic display such that the second portion filters the image at the same time the first portion does not filter the image (Figs. 6-3, 7-3; paras. 0038-0040; mask filtering settings).
Regarding claim 14, Kim teaches the filter of claim 1, wherein the receiving means comprises a wireless signal receiver (Fig. 5; paras. 0025, 0026, 0036; the communication module “51” is a wireless signal receiver).
Regarding claim 16, Kim teaches the filter of claim 1, wherein the filter is attached to an object side of the camera lens system (Figs. 1; 4; para. 0049).
Regarding claim 17, Kim teaches A filter for a camera system, the filter comprising:
an electronic display configured to couple to a portion of the camera system in an optical path of the camera system and configured to filter an image passing through the electronic display for the camera system, the electronic display comprising liquid crystals that are configured to enable the electronic display to provide different levels of neutral density filtering of light through the electronic display (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; different filter level settings d provide different levels of neutral density filtering of light as shown in fig. 8);
means for storing different programmed neutral density filter settings that are calibrated to at least one of different iris T-stop settings of a camera lens, focus settings of a camera lens, camera lens zoom settings, and light exposure measurements of a light meter (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; a memory storing the programed formula of para. 0051 for storing the different filter level settings d; it is noted that the reference does not need to teach all feature options of “iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter” to meet the claim requirement, but is only required to teach one option of the options, e.g. iris T-stop settings of the camera lens while other options are optional);
a controller configured to control the filtering of the electronic display (Fig. 5; para. 0036; the light control device “52” electrically controls the filtering of the LCD filter 10); and
means for receiving a control signal for controlling the controller (Fig. 5; paras. 0025, 0026, 0036; the communication module “51” for receiving a control signal via wireless or wire CL);
wherein the electronic display is controlled to operate in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter to change the neutral density level provided by the electronic display based on at least one of the different iris T-stop settings, different focus settings, different zoom settings, and different light exposure measurements according to the respective calibrated filter settings (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance).
Regarding claim 19, Kim teaches the filter of claim 17, wherein the filter is configured to couple to the camera system at an object side of a camera lens of the camera system (Figs. 1; 4; para. 0049).
Regarding claim 20, Kim teaches the filter of claim 17, further comprising a processor configured to enable the filter to be programmed to assign different neutral density filter settings to at least one of the different iris T-stop settings, the focus settings, the zoom settings, and the different light exposure measurements to thereby provide the calibrated filter settings (Figs. 1-5, 8; paras. 0028, 0046-0055; LCD filter 10 is synchronously adjusted based on different neutral density filter level settings d that are calibrated to aperture value a, focal length f, focus distance programed by a CPU of control box CB).
Regarding claim 21, Kim teaches the filter of claim 17, wherein the calibrated filter settings are calibrated to the camera lens iris, and the electronic display operates in synchrony with the camera lens iris (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance).
Regarding claim 22, Kim teaches the filter of claim 17, wherein the calibrated filter settings are calibrated to the camera lens focus, and wherein the electronic display operates in synchrony with the camera lens focus (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance to the subject; the focus distance to the subject as the camera lens focus).
Regarding claim 24, Kim teaches the filter of claim 17, wherein the calibrated filter settings are calibrated to the light exposure measurements, and wherein the electronic display operates in synchrony with the light meter (this feature is directed to an optional feature of the feature options; since Kim already teaches one of the feature options in the parent claim, Kim teaches the features as claimed).
Regarding claim 25, Kim teaches A method of filtering an image for a camera system comprising a camera, a camera lens, and an electronic display coupled to the camera system (Figs. 1-5), the method comprising:
inputting filter settings into the electronic display device that are calibrated with at least one of iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; the control box inputting the different filter level settings d to the communication module “51” of the filter EF; it is noted that the reference does not need to teach all feature options of “iris T-stop settings of the camera lens, focus settings of the camera lens, zoom settings of the camera lens, and light exposure measurements of a light meter” to meet the claim requirement, but is only required to teach one option of the options, e.g. iris T-stop settings of the camera lens while other options are optional); and
filtering with the electronic display an amount of light passing to the camera, wherein during the step of filtering the electronic display is operating in synchrony with at least one of the camera lens iris, the camera lens focus, the camera lens zoom, and the light meter, to provide a calibrated filter setting associated with the respective camera lens iris, camera lens focus, camera lens zoom, and the light meter (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance).
Regarding claim 26, Kim teaches the method of claim 25, wherein the step of inputting comprises programming the at least one of the iris T-stop settings, the focus settings, the zoom settings, and the light exposure measurements with an associated electronic display filter setting to thereby develop the calibrated filter settings (Figs. 1-5, 8; paras. 0028, 0046-0055; LCD filter 10 is synchronously adjusted based on different neutral density filter level settings d that are calibrated to aperture value a, focal length f, focus distance programed by a CPU of control box CB).
Regarding claim 27, Kim teaches the method of claim 25, wherein the step of filtering is provided by liquid crystals in the electronic display device to provide neutral density filtering (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; different filter level settings d provide different levels of neutral density filtering of light as shown in fig. 8).
Regarding claim 28, Kim teaches the method of claim 25, wherein the electronic display device operates in synchrony with the camera lens iris, and during the step of filtering the electronic device provides a filter setting that is calibrated with the camera lens iris setting (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance; different filter level settings d provide different levels of neutral density filtering of light as shown in fig. 8).
Regarding claim 29, Kim teaches the method of claim 25, wherein the electronic display device operates in synchrony with the camera lens focus, and during the step of filtering the electronic device provides a filter setting that is calibrated with the camera lens focus (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance to the subject; the focus distance to the subject as the camera lens focus).
Regarding claim 31, Kim teaches the method of claim 25, wherein the electronic display device operates in synchrony with the light meter, and during the step of filtering the electronic device provides a filter setting that is calibrated with the light meter (this feature is directed to an optional feature of the feature options; since Kim already teaches one of the feature options in the parent claim, Kim teaches the features as claimed).
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 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(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-2014-0144455) in view of Lee et al (EP 2648086 A2).
Regarding claim 4, Kim teaches everything as claimed in claim 1, but fails to teach
wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image.
However, in the same field of endeavor Lee teaches
wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image (Fig. 4; paras. 0072, 0125; the transparent display including both OLED and LCD can function as a filter; OLED comprises one or more organic light-emitting diodes).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Lee in Kim to have wherein the electronic display includes one or more organic light-emitting diodes therein for filtering the image for providing a display configuration providing better contrast, higher brightness and improved color image quality yielding a predicted result.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-2014-0144455) in view of Official Notice.
Regarding claim 15, Kim teaches everything as claimed in claim 1, but fails to teach
wherein the receiving means comprises a serial input port.
However, the Examiner takes Official Notice of the fact that it was notoriously well known in the art before the effective filing date of the claimed invention that to have “wherein the receiving means comprises a serial input port” for the advantages of optimizing transferring data between devices.
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention to have “wherein the receiving means comprises a serial input port” as notoriously well-known in the art for the presented advantages above.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-2014-0144455) in view of Chretien et al (US 20020071185).
Regarding claim 18, Kim teaches everything as claimed in claim 17, but fails to teach
wherein the filter is configured to couple to the camera system between a camera lens of the camera system and an image receiver of the camera system.
However, in the same field of endeavor Chretien teaches
wherein the filter is configured to couple to the camera system between a camera lens of the camera system and an image receiver of the camera system (Fig. 4B; the filter 30 is between lens 62 and imager 66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Chretien in Kim to have wherein the filter is configured to couple to the camera system between a camera lens of the camera system and an image receiver of the camera system for providing a different filter position configuration closer to the imager allowing better filtering controlling yielding a predicted result.
Claim(s) 10, 23 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 10-2014-0144455) in view of Nojima (US 20090196592 A1).
Regarding claim 10, Kim teaches the filter of claim 7, wherein the electronic display filter level settings are calibrated to the camera lens iris settings, wherein the electronic display is synchronized to operate with the camera lens iris (Figs. 1-5, 8; paras. 0046-0055; LCD filter 10 is synchronously adjusted based on different filter level settings d that are calibrated to aperture value a, focal length f, focus distance to the subject in synchrony together; the focus distance to the subject as the camera lens focus),
but fails to teach
wherein the camera lens iris is operated in synchrony with the camera lens focus.
However, in the same field of endeavor Nojima teaches
wherein the camera lens iris is operated in synchrony with the camera lens focus (paras. 0073, 0075; a focus lens is moved to a predetermined position and an aperture (F) value and a shutter speed are read and set on the basis of a lookup table fixedly prestored in the ROM within the control unit 42 in accordance with the focal distance position of the zoom lens selected at the moment, an ISO film speed set at the moment and an AE value (light amount)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Nojima in Kim to have wherein the camera lens iris is operated in synchrony with the camera lens focus for obtaining an image with a fixed great depth of field with a great filter effect yielding a predicted result.
Regarding claim 23, claim 23 reciting features corresponding to claim 10 is also rejected for the same reason above.
Regarding claim 30, Kim teaches the method of claim 25, wherein the electronic display device operates in synchrony with the camera lens iris
But fails to teach
the camera lens iris that operates in synchrony with the camera lens focus.
However, in the same field of endeavor Nojima teaches
the camera lens iris that operates in synchrony with the camera lens focus (paras. 0073, 0075; a focus lens is moved to a predetermined position and an aperture (F) value and a shutter speed are read and set on the basis of a lookup table fixedly prestored in the ROM within the control unit 42 in accordance with the focal distance position of the zoom lens selected at the moment, an ISO film speed set at the moment and an AE value (light amount)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Nojima in Kim to have the camera lens iris that operates in synchrony with the camera lens focus for obtaining an image with a fixed great depth of field with a great filter effect yielding a predicted result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Casbi et al (US 20140109302 A1): optical shutter 30 (Figs. 3) with two different opacity levels and has a rectangular frame 40.
Ambrozic (US 20110205631 A1): a filter module including holding frame 4 being insertable into a matte box of a camera.
Masarik et al (US 20140104449 A1): a universal serial bus ("USB") cable can be connected to both the imaging adapter head 100 and the personal imaging device 135 to provide a communication link and to provide power from the personal imaging device 135 to the imaging adapter head 100.
Yokoyama (US 20140233937 A1): matte box 4 serves as a hood and is adapted to allow a filter holding frames 5a and 5b to be inserted into/retracted out of it.
Davis et al (US 20140300805 A1): The optical filter can be included in a lens mount removably attached to the camera housing. The camera can further include the optical filter, which can be contained within the camera housing. The optical filter can include a liquid crystal panel. The processor can generate the control information so as to operate the optical filter in at least three different modes corresponding to: (i) a temporal filtering mode in which the optical filter gradually increases its transmissivity to a first level, and subsequently gradually decreases the transmissivity from the first level before the end of the exposure period; (ii) a global shutter mode wherein the optical filter (a) maintains a first level of transmissivity, (b) abruptly increases transmissivity from the first level to a second level, (c) maintains the second level of transmissivity, and (d) abruptly decreases transmissivity from the second level; and (iii) a neutral density mode wherein the opacity is maintained at a constant value over the exposure period.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
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