DETAILED ACTION
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
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 1,3,15,16,18,19,25-30rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 4, 5, 6, 15, 16, 24-29 of U.S. Patent No. US 12, 401, 912 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because 1, 3, 4, 5, 6, 15, 16, 24-29 recite “light source” in their limitations and claims 1, 3, 4, 5, 6, 15, 16, 24-29 of U.S. Patent No. US 12, 401, 912 B2 recite “strobe” which is a type of light source.
Instant Application 19/248,287
US 12, 401, 912 B2
1. An apparatus, comprising: a camera; a light source; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the light source, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to:emit, utilizing the light source, illumination during a first time interval based on a first set of light source parameters including a first light source intensity and a first light source color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during the second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during the third time interval based on a third set of exposure parameters; generate a resulting image by performing a white-balance correction; and store the resulting image.
1. An apparatus, comprising: a camera; a strobe; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the strobe, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to: emit, utilizing the strobe, illumination during a first time interval based on a first set of strobe parameters including a first strobe intensity and a first strobe color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the strobe, illumination during a second time interval based on a second set of strobe parameters including a second strobe intensity and a second strobe color; sample, utilizing the camera, a second image of the photographic scene during the second time interval based on a second set of exposure parameters; emit, utilizing the strobe, illumination during a third time interval based on a third set of strobe parameters including a third strobe intensity and a third strobe color; sample, utilizing the camera, a third image of the photographic scene during the third time interval based on a third set of exposure parameters; generate a resulting image by performing a white-balance correction; and store the resulting image.
3. The apparatus of claim 1, wherein the apparatus is configured such that the second light source intensity is the same as the third light source intensity.
3. The apparatus of claim 1, wherein the apparatus is configured such that the second strobe intensity is the same as the third strobe intensity.
15. An apparatus, comprising: a camera; a light source; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the light source, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to: emit, utilizing the light source, illumination during a first time interval based on a first set of light source parameters including a first light source intensity and a first light source color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during the second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during the third time interval based on a third set of exposure parameters; sample, utilizing the camera, a fourth image of the photographic scene during a fourth time interval based on a fourth set of exposure parameters and without the light source emitting illumination; identify a flash image based on at least one of the first image, the second image, or the third image; generate a white-balanced flash image by performing a white-balance correction on the flash image; generate a white-balanced ambient image by performing a white-balance correction on the fourth image; generate a resulting image by combining the white-balanced flash image and the white-balanced ambient image; and store the resulting image.
4. An apparatus, comprising: a camera; a strobe; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the strobe, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to: emit, utilizing the strobe, illumination during a first time interval based on a first set of strobe parameters including a first strobe intensity and a first strobe color; sample, utilizing the camera, a first image of a photographic scene during at least a portion of the first time interval based on a first set of exposure parameters; emit, utilizing the strobe, illumination during a second time interval based on a second set of strobe parameters including a second strobe intensity and a second strobe color; sample, utilizing the camera, a second image of the photographic scene during at least a portion of the second time interval based on a second set of exposure parameters; emit, utilizing the strobe, illumination during a third time interval based on a third set of strobe parameters including a third strobe intensity and a third strobe color, such that the first time interval, the second time interval, and the third time interval are different; sample, utilizing the camera, a third image of the photographic scene during at least a portion of the third time interval based on a third set of exposure parameters; generate a resulting image by performing a white-balance correction, by combining at least portions of at least two of: the first image, the second image, and the third image; and store the resulting image.
5. The apparatus of claim 4, wherein the apparatus is configured such that the first strobe color, the second strobe color, and the third strobe color are equal.
16. The apparatus of claim 15, wherein the apparatus is configured such that the first light source color, the second light source color, and the third light source color are equal to a measured ambient illumination color, and wherein the first set of exposure parameters and the fourth set of exposure parameters are determined based on ambient illumination.
15. An apparatus, comprising: a camera; a strobe; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the strobe, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to: emit, utilizing the strobe, illumination during a first time interval based on a first set of strobe parameters including a first strobe intensity and a first strobe color; sample, utilizing the camera, a first image of a photographic scene during at least a portion of the first time interval based on a first set of exposure parameters; emit, utilizing the strobe, illumination during a second time interval based on a second set of strobe parameters including a second strobe intensity and a second strobe color; sample, utilizing the camera, a second image of the photographic scene during at least a portion of the second time interval based on a second set of exposure parameters; emit, utilizing the strobe, illumination during a third time interval based on a third set of strobe parameters including a third strobe intensity and a third strobe color; sample, utilizing the camera, a third image of the photographic scene during at least a portion of the third time interval based on a third set of exposure parameters; sample, utilizing the camera, a fourth image of the photographic scene during at least a portion of a fourth time interval based on a fourth set of exposure parameters and without the strobe emitting illumination, such that the first time interval, the second time interval, the third time interval, and the fourth time interval are different; identify a flash image based on at least one of: the first image, the second image, or the third image; generate a white-balanced flash image by performing a white-balance correction on the flash image; generate a white-balanced ambient image by performing a white-balance correction on the fourth image; generate a resulting image by combining at least portions of the white-balanced flash image and the white-balanced ambient image; and store the resulting image.
18. An apparatus, comprising: a camera; a light source; a display; a touch interface; one or more non-transitory memories; and one or more processors in communication with the camera, the light source, the display, the touch interface, and the one or more non-transitory memories, wherein the one or more processors execute instructions in the one or more non-transitory memories, to cause the apparatus to: emit, utilizing the light source, illumination during a first time interval based on a first set of light source parameters including a first light source intensity and a first light source color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during a second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during a third time interval based on a third set of exposure parameters; sample, utilizing the camera, a fourth image of the photographic scene during a fourth time interval based on a fourth set of exposure parameters and without the light source emitting illumination; identify a flash image based on at least one of the first image, the second image, or the third image; generate a combined image by combining the flash image and the fourth image; generate a resulting image by performing a white-balance correction on
16. The apparatus of claim 15, wherein the apparatus is configured such that the first strobe color, the second strobe color, and the third strobe color are equal to a measured ambient illumination color, and wherein the first set of exposure parameters and the fourth set of exposure parameters are determined based on an ambient illumination.
19. The apparatus of claim 18, wherein the apparatus is configured such that the first light source color, the second light source color, and the third light source color are equal to a measured ambient illumination color, and wherein the first set of exposure parameters and the fourth set of exposure parameters are determined based on ambient illumination.
24. The apparatus of claim 15, wherein the apparatus is configured such that the second strobe intensity is different than the first strobe intensity.
25. The apparatus of claim 18, wherein the apparatus is configured such that the second light source intensity is different than the first light source intensity.
25. The apparatus of claim 15, wherein the apparatus is configured such that the third strobe intensity is different than the first strobe intensity.
26. The apparatus of claim 18, wherein the apparatus is configured such that the third light source intensity is different than the first light source intensity.
26. The apparatus of claim 15, wherein the apparatus is configured such that the first strobe intensity, the second strobe intensity, and the third strobe intensity, are not equal.
27. The apparatus of claim 18, wherein the apparatus is configured such that the first light source intensity, the second light source intensity, and the third light source intensity, are not equal.
27. The apparatus of claim 15, wherein the apparatus is configured such that the first strobe color, the second strobe color, and the third strobe color are equal.
28. The apparatus of claim 18, wherein the apparatus is configured such that the first light source color, the second light source color, and the third light source color are equal.
28. The apparatus of claim 15, wherein the apparatus is configured such that the first strobe color, the second strobe color, and the third strobe color are not equal.
29. The apparatus of claim 18, wherein the apparatus is configured such that the first light source color, the second light source color, and the third light source color are not equal.
29. The apparatus of claim 15, wherein the apparatus is configured such that at least two of: the first strobe color, the second strobe color, and the third strobe color, are not equal.
30. The apparatus of claim 18, wherein the apparatus is configured such that at least two of: the first light source color, the second light source color, and the third light source color, are not equal.
30. The apparatus of claim 15, wherein the apparatus is configured such that the first set of exposure parameters, the second set of exposure parameters, and the third set of exposure parameters, each include an exposure time and an exposure sensitivity.
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.
Allowable Subject Matter
Claims 1-30 are allowed.
The following is an examiner’s statement of reasons for allowance:
As of claim 1: the prior art of record fails to teach or fairly suggest the combination of all the limitations of claim 1 that includes, “emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during the second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during the third time interval based on a third set of exposure parameters; generate a resulting image by performing a white-balance correction; and store the resulting image.”
As of claim 15: the prior art of record fails to teach or fairly suggest the combination of all the limitations of claim 15 that includes, “emit, utilizing the light source, illumination during a first time interval based on a first set of light source parameters including a first light source intensity and a first light source color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during the second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during the third time interval based on a third set of exposure parameters; sample, utilizing the camera, a fourth image of the photographic scene during a fourth time interval based on a fourth set of exposure parameters and without the light source emitting illumination; identify a flash image based on at least one of the first image, the second image, or the third image; generate a white-balanced flash image by performing a white-balance correction on the flash image; generate a white-balanced ambient image by performing a white-balance correction on the fourth image; generate a resulting image by combining the white-balanced flash image and the white-balanced ambient image; and store the resulting image.”
As of claim 18: the prior art of record fails to teach or fairly suggest the combination of all the limitations of claim 18 that includes, “emit, utilizing the light source, illumination during a first time interval based on a first set of light source parameters including a first light source intensity and a first light source color; sample, utilizing the camera, a first image of a photographic scene during the first time interval based on a first set of exposure parameters; emit, utilizing the light source, illumination during a second time interval based on a second set of light source parameters including a second light source intensity and a second light source color; sample, utilizing the camera, a second image of the photographic scene during a second time interval based on a second set of exposure parameters; emit, utilizing the light source, illumination during a third time interval based on a third set of light source parameters including a third light source intensity and a third light source color; sample, utilizing the camera, a third image of the photographic scene during a third time interval based on a third set of exposure parameters; sample, utilizing the camera, a fourth image of the photographic scene during a fourth time interval based on a fourth set of exposure parameters and without the light source emitting illumination; identify a flash image based on at least one of the first image, the second image, or the third image; generate a combined image by combining the flash image and the fourth image; generate a resulting image by performing a white-balance correction on the combined image; and store the resulting image.”
As of Claims 2-14, 16-17, 19-30: Claims 2-14, 16-17, 19-30 depend from Claims 1, 15, 18 and are allowed as well.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yeh et al. (US 20220107550 A1) teaches an image capture method for flash photography includes: capturing at least one first image while a strobe device is operating under a first strobe intensity setting for emitting main flash, capturing at least one second image while the strobe device is operating under a second strobe intensity setting different from the first strobe intensity setting, and generating an output image by blending the at least one first image and the at least one second image (See Abstract).
Wilensky et al. (US 20150030246 A1) teaches in ¶0053 that modifying strobe attributes can include modifying attributes of the sampled pixels such that the sampled pixels have different image characteristics from the blurred pixels. Non-limiting examples of modifying strobe attributes include modifying a simulated flash duration, modifying a spacing between simulated strobe flashes, modifying a color balance for the sampled pixels, modifying a vibrancy of the sampled pixels, modifying a contrast of the sampled pixels, modifying a brightness of the sampled pixels, a curve adjustment, etc. A simulated flash duration can be increased or decreased by respectively increasing or decreasing the number of pixels sampled at a position along the blur trajectory 304. A spacing of simulated strobe flashes can be increased or decreased by respectively increasing or decreasing the rate at which pixels are sampled along the blur trajectory 304. Use of a colored strobe light can be simulated by modifying the coloration of the sampled pixels.
Kita (US 20060067668 A1) teaches in ¶0139 "photograph mode" is set by operating the mode switching button 4 at step S26, where the photographing condition including the exposure condition is set at step S27. Then, the light measuring process, WB process, zoom process and AF (Automatic focus) process are successively performed at step S28. Thereafter, a through image is displayed on the first display unit 17 together with photograph information including the photographing condition, and setting information at step S29. After confirming these displayed information, the user sets "strobe-light color bracket setting" active at step S30, and sets an initial value of the light-emitting unit 38 on the basis of the previously set WB setting information at step S31. Thereafter, it is confirmed at step S32 whether the main capacitor 43 of the light-emitting member driving unit 39 in the flashlight emitting device 26 has been charged completely. When the main capacitor 43 has not yet been charged completely (NO: step S32), the main capacitor 43 is charged in the manner described above at step S33.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEKONNEN D DAGNEW whose telephone number is (571)270-5092. The examiner can normally be reached on 8:00AM-5:00PM M-Th.
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/MEKONNEN D DAGNEW/Primary Examiner, Art Unit 2697
