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. 11/716,545. This is a statutory double patenting rejection.
Instant Application – claim 1
US 11/716,545- claim 1
1. An image capturing device comprising:
1. An image capturing device, comprising:
an image capturing element having a first image capturing region that captures an image of a photographic subject and outputs a first signal, and a second image capturing region that captures an image of the photographic subject and outputs a second signal;
an image capturing element having a first image capturing region that captures an image of a photographic subject and outputs a first signal, and a second image capturing region that captures an image of the photographic subject and outputs a second signal;
a central processor configured to enable setting of a different image capture condition for the first image capturing region and the second image capturing region; and
a central processor configured to enable setting of a different image capture condition for the first image capturing region and the second image capturing region; and
an image processor configured to (i) perform correction upon the second signal outputted from the second image capturing region based on the image capture condition for the first image capturing region and the image capture condition for the second image capture region, and (ii) use the second signal upon which the correction has been performed to perform interpolation of the first signal outputted from the first image capturing region.
an image processor configured to (i) perform correction upon the second signal outputted from the second image capturing region based on the image capture condition for the first image capturing region and the image capture condition for the second image capture region, and (ii) use the second signal upon which the correction has been performed to perform interpolation of the first signal outputted from the first image capturing region.
Conclusion
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/GEVELL V SELBY/Primary Examiner, Art Unit 2638
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