Prosecution Insights
Last updated: August 17, 2026
Application No. 19/242,148

APPARATUS, LENS APPARATUS, IMAGE PICKUP APPARATUS, AND STORAGE MEDIUM

Non-Final OA §102
Filed
Jun 18, 2025
Priority
Mar 30, 2022 — JP 2022-056681 +1 more
Examiner
PHAM, QUAN L
Art Unit
Tech Center
Assignee
Canon Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
344 granted / 494 resolved
+9.6% vs TC avg
Strong +28% interview lift
Without
With
+28.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
32 currently pending
Career history
529
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
24.3%
-15.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 494 resolved cases

Office Action

§102
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 Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The information disclosure statement(s) submitted on 9/11/2025 and 3/3/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner. 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. 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 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-10 of U.S. Patent No. 12361527 B2 (hereinafter “Pat’527”). Although the claims at issue are not identical, they are not patentably distinct from each other. Instance Application Pat’527 1. An apparatus comprising: at least one processor; and a memory coupled to the at least one processor storing instructions that, when executed by the at least one processor, cause the at least one processor to function as: a processing unit configured to perform signal processing for a signal from a sensor using a correction value that is different for each pixel of the signal; and a calculating unit configured to perform a correlation calculation for the signal output from the processing unit, and wherein the processing unit performs a weighted sum for adjacent pixels using the correction value. 1. An apparatus comprising: at least one processor; and a memory coupled to the at least one processor storing instructions that, when executed by the at least one processor, cause the at least one processor to function as: a processing unit configured to perform signal processing for a signal from a sensor using a correction value that is different for each pixel of the signal; and a calculating unit configured to perform a correlation calculation for the signal output from the processing unit, wherein the processing unit performs a weighted sum for adjacent pixels using a value obtained by subtracting an offset amount from the correction value, and wherein the calculating unit adds the offset amount to a phase difference amount obtained by the correlation calculation. 2. The apparatus according to claim 1, comprising another memory configured to store the correction value. 3. The apparatus according to claim 1, comprising another memory configured to store the correction value. 3. The apparatus according to claim 1, wherein the correction value is an actually measured value for some pixels in the sensor, and is an interpolated value calculated based on actually measured values for other pixels in the sensor. 4. The apparatus according to claim 1, wherein the correction value is an actually measured value for some pixels in the sensor, and is an interpolated value calculated based on actually measured values for other pixels in the sensor. 4. The apparatus according to claim 1, wherein the correction value is used to correct an image shift amount in each pixel of the sensor. 5. The apparatus according to claim 1, wherein the correction value is used to correct an image shift amount in each pixel of the sensor. 5. The apparatus according to claim 1, wherein the correction value is determined based on a phase difference amount obtained by the correlation calculation. 6. The apparatus according to claim 1, wherein the correction value is determined based on a phase difference amount obtained by the correlation calculation. 6. The apparatus according to claim 1, wherein the sensor has a two-dimensional pixel array, wherein the processing unit performs the signal processing using the correction value for each pixel row, and wherein the calculating unit acquires a correlation amount for the signal of each pixel row output from the processing unit, and sums up the acquired correlation amount of each pixel row. 7. The apparatus according to claim 1, wherein the sensor has a two-dimensional pixel array, wherein the processing unit performs the signal processing using the correction value for each pixel row, and wherein the calculating unit acquires a correlation amount for the signal of each pixel row output from the processing unit, and sums up the acquired correlation amount of each pixel row. 7. A lens apparatus comprising: an optical system; a sensor; and the apparatus according to claim 1. 8. A pickup apparatus comprising: a sensor configured to capture an image formed by an optical system; and the apparatus according to claim 1. 8. A lens apparatus comprising: an optical system; a sensor; and the apparatus according to claim 1. 9. A pickup apparatus comprising: a sensor configured to capture an image formed by an optical system; and the apparatus according to claim 1. 9. A non-transitory computer-readable storage medium storing a program for causing a computer to execute a method, the method comprising: performing signal processing for a signal from a sensor using a correction value that is different for each pixel of the signal; and performing a correlation calculation for the signal output from the performing signal processing, and wherein the performing signal processing performs a weighted sum for adjacent pixels using the correction value. 10. A non-transitory computer-readable storage medium storing a program for causing a computer to execute a method, the method comprising: performing signal processing for a signal from a sensor using a correction value that is different for each pixel of the signal; and performing a correlation calculation for the signal output from the performing signal processing, wherein the performing signal processing performs a weighted sum for adjacent pixels using a value obtained by subtracting an offset amount from the correction value, and wherein the performing the correlation calculation adds the offset amount to a phase difference amount. 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) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suda et al (US 5367153 A). Regarding claim 1, Suda teaches An apparatus (Figs. 6, 27) comprising: at least one processor; and a memory coupled to the at least one processor storing instructions that, when executed by the at least one processor, cause the at least one processor to function as: a processing unit configured to perform signal processing for a signal from a sensor using a correction value (correction filter F(i)) that is different for each pixel of the signal (Fig. 50; cols. 35, 36); and a calculating unit configured to perform a correlation calculation for the signal output from the processing unit (Fig. 50; cols. 35, 36), and wherein the processing unit performs a weighted sum for adjacent pixels using the correction value (col. 36; see equations A(i)). Regarding claim 2, Suda teaches the apparatus according to claim 1, comprising another memory configured to store the correction value (correction filter F(i) stored in a memory). Regarding claim 3, Suda teaches the apparatus according to claim 1, wherein the correction value is an actually measured value for some pixels in the sensor, and is an interpolated value calculated based on actually measured values for other pixels in the sensor (cols. 35, 36; correction filter F(i)). Regarding claim 4, Suda teaches the apparatus according to claim 1, wherein the correction value is used to correct an image shift amount in each pixel of the sensor (cols. 35, 36). Regarding claim 5, Suda teaches the apparatus according to claim 1, wherein the correction value is determined based on a phase difference amount obtained by the correlation calculation (cols. 35, 36). Regarding claim 6, Suda teaches the apparatus according to claim 1, wherein the sensor has a two-dimensional pixel array, wherein the processing unit performs the signal processing using the correction value for each pixel row, and wherein the calculating unit acquires a correlation amount for the signal of each pixel row output from the processing unit, and sums up the acquired correlation amount of each pixel row (Figs. 6, 27, 50; cols. 36, 37). Regarding claim 7, Suda teaches A lens apparatus (Figs. 6, 27) comprising: an optical system (81); a sensor (108); and the apparatus according to claim 1. Regarding claim 8, Suda teaches A pickup apparatus Figs. 6, 27) comprising: a sensor (108) configured to capture an image formed by an optical system (81); and the apparatus according to claim 1 (Fig. 1). Regarding claim 9, Sam teaches A non-transitory computer-readable storage medium (Figs. 6, 27; col. 21) storing a program for causing a computer to execute a method, the method comprising: (as presented in claim 1). Claim(s) 1-2 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sambonsugi et al (US 20180176494 A1). Regarding claim 1, Sambonsungi teaches An apparatus (Figs. 1, 10) comprising: at least one processor; and a memory coupled to the at least one processor storing instructions that, when executed by the at least one processor, cause the at least one processor to function as: a processing unit configured to perform signal processing for a signal from a sensor using a correction value that is different for each pixel of the signal (Figs. 10, 12; para. 0072; “the simple defect correction method for correcting defective pixels. To make it possible to correct the A-image data and the B-image data for ranging by the defect correction section 120 inexpensively configured”; “the defective pixel may be corrected using an average value of the pixel values R2 and R4 of the two same color positioned on the opposite sides of the pixel having the pixel value Rt (PixCorrect=(R2+R4)/2)”); and a calculating unit configured to perform a correlation calculation for the signal output from the processing unit (paras. 0045, 0046; AF calculation section 109 performs correlation calculation between the A-image data and the B-image data corrected by the simple correction, and calculates a focus deviation amount (defocus amount) based on the result of calculation), and wherein the processing unit performs a weighted sum for adjacent pixels using the correction value (para. 0072; “PixCorrect=(R2+R4)/2” using R2 or R4). Regarding claim 2, Sambonsungi teaches the apparatus according to claim 1, comprising another memory configured to store the correction value (Fig. 1; para. 0072; “PixCorrect=(R2+R4)/2” using R2 or R4 stored in a memory). Regarding claim 6, Sambonsungi teaches the apparatus according to claim 1, wherein the sensor has a two-dimensional pixel array, wherein the processing unit performs the signal processing using the correction value for each pixel row, and wherein the calculating unit acquires a correlation amount for the signal of each pixel row output from the processing unit, and sums up the acquired correlation amount of each pixel row (Figs. 10, 12; para. 0072, 0045, 0046). Regarding claim 7, Sambonsungi teaches A lens apparatus (Figs. 1-2) comprising: an optical system (116-119); a sensor (100); and the apparatus according to claim 1. Regarding claim 8, Sambonsungi teaches A pickup apparatus comprising: a sensor (100) configured to capture an image formed by an optical system (116-119); and the apparatus according to claim 1 (Fig. 1). Regarding claim 9, Sambonsungi teaches A non-transitory computer-readable storage medium (Fig. 1; para. 0083) storing a program for causing a computer to execute a method, the method comprising: (as presented in claim 1). Claim(s) 1-3 and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogawa et al (US 20150365639 A1). Regarding claim 1, Ogawa teaches An apparatus comprising: at least one processor; and a memory coupled to the at least one processor storing instructions that, when executed by the at least one processor, cause the at least one processor to function as: a processing unit configured to perform signal processing (expressions 1-4) for a signal (of focus detection pixels) from a sensor using a correction value (CR) that is different for each pixel of the signal (Figs. 19, 21; paras. 0111-0115, 0120, 0122-0125); and a calculating unit configured to perform a correlation calculation for the signal output from the processing unit (para. 0049), and wherein the processing unit performs a weighted sum for adjacent pixels using the correction value (para. 0125; expression 4). Regarding claim 2, Ogawa teaches the apparatus according to claim 1, comprising another memory configured to store the correction value (para. 0122; calculating and storing CR in a memory for calculation). Regarding claim 3, Ogawa teaches the apparatus according to claim 1, wherein the correction value is an actually measured value for some pixels in the sensor, and is an interpolated value calculated based on actually measured values for other pixels in the sensor (paras. 0119-0123; CR is an actually measured value using expression 3 and is an interpolated value calculated based on actually measured values for other pixels in the sensor through G_BPF). Regarding claim 6, Ogawa teaches the apparatus according to claim 1, wherein the sensor has a two-dimensional pixel array, wherein the processing unit performs the signal processing using the correction value for each pixel row (Figs. 20A, B; paras. 0111-0115, 0120, 0122-0125), and wherein the calculating unit acquires a correlation amount for the signal of each pixel row output from the processing unit, and sums up the acquired correlation amount of each pixel row (Figs. 10-22; paras. 0004, 0067). Regarding claim 7, Ogawa teaches A lens apparatus comprising: an optical system (101); a sensor (102); and the apparatus according to claim 1 (Fig. 1). Regarding claim 8, Ogawa teaches A pickup apparatus comprising: a sensor (102) configured to capture an image formed by an optical system (101); and the apparatus according to claim 1 (Fig. 1). Regarding claim 9, Ogawa teaches A non-transitory computer-readable storage medium (Fig. 1; para. 0130) storing a program for causing a computer to execute a method, the method comprising: (as presented in claim 1). Conclusion 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Quan Pham/Primary Examiner, Art Unit 2637
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Prosecution Timeline

Jun 18, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
98%
With Interview (+28.4%)
2y 4m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 494 resolved cases by this examiner. Grant probability derived from career allowance rate.

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