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
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Instant Application 19257440
Patent 12382170
1. An imaging apparatus comprising:
an image sensor;
a stop; and a processor,
wherein the processor is configured to:
acquire information related to distances at a plurality of positions within an imaging area of the image sensor;
generate moving image data represented with a vertical axis and a lateral axis, based on imaging data obtained by the image sensor;
generate distance image data in which a first axis corresponds to the vertical axis or the lateral axis and a second axis represents the information related to the distance, wherein the distance image data includes information representing a second mark that indicates a depth of field; and
output the moving image data and the distance image data,
wherein the processor is configured to perform control of changing a stop value of the stop to a stop value corresponding to the depth of field represented by the second mark, in a case where an operation of changing a position of the second mark along the second axis is received.
1. An imaging apparatus comprising:
an image sensor;
a focus lens; and a processor,
wherein the processor is configured to:
acquire information related to distances at a plurality of positions within an imaging area of the image sensor;
generate moving image data represented with a vertical axis and a lateral axis, based on imaging data obtained by the image sensor;
generate distance image data in which a first axis corresponds to the vertical axis or the lateral axis and a second axis represents the information related to the distance, wherein the distance image data includes information representing at least one of a first mark that indicates a focusing distance or a second mark that indicates a depth of field; and
output the moving image data and the distance image data,
wherein the processor is configured to: perform control of moving the focus lens to a position corresponding to the focusing distance represented by the first mark, in a case where an operation of changing a position of the first mark along the second axis is received.
3. The imaging apparatus according to claim 1, further comprising: a stop, wherein the processor is configured to perform control of changing a stop value of the stop to a stop value corresponding to the depth of field represented by the second mark, in a case where an operation of changing a position of the second mark along the second axis is received.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 4+2, 4, 4, 4, 5, 6, 7, 4+8, 4+9, 4+10, 4+11, 4+12, 4+13, 4+14, 4+15, 4, and 4 respectively of U.S. Patent No. 12,382,170. Although the claims at issue are not identical, they are not patentably distinct from each other because, the claims of the instant application are obvious variant of the corresponding ones of the US Patent No. 12,382,170, as is evident from the table furnished above. Furthermore, the scopes of the claims on the instant application are also met and encompassed by the corresponding ones of the Patent No. 12,382,170.
The apparent difference between the conflicting claims mainly arises from the style of limitation recitation and relative placement of conflicting elements within the claims’ body.
In few cases, subject matters of more than one claims are added from the Patent to yield the conflicting claim of the instant application. Combining claims would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to yield subject matter of the conflicting claim in the instant application, because, both the patent and the instant application pertains to same/similar invention.
Method claims 17, and CRM claim 18 of the instant application is shown conflicting to respective apparatus claim 4 of the Patent 12,382,170. This is considered an obvious analysis to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ), because, apparatus performs the method (and equivalently often the method being implemented by executing instructions saved in a non-transitory computer readable media), in question and thus they are considered substantively similar.
Allowable Subject Matter
Claims 1-18 are allowed over prior art.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, Kaida (US 20210287343 A1) discloses an imaging apparatus (figs. 1-2) comprising:
an image sensor (imaging device such as a CCD or a CMOS, ¶0033, image sensor of ¶0040);
a processor (Controller 14, fig. 2, ¶0041),
wherein the processor is configured to:
acquire information related to distances at a plurality of positions within an imaging area of the image sensor (A depth sensor 17 measures a distance from the camera (the front camera 104 or the rear camera 108) to an object to be photographed – ¶0040, figs. 6, 7a, ¶0065);
generate moving image data represented with a vertical axis and a lateral axis, based on imaging data obtained by the image sensor (1400, 1410, figs. 14a-b., ¶0099-0102. Also see figs. 5, 11, 15. It is not clear whether the captured image 1400/1410 is moving image. However, based on the disclosure of supported apps (see fig. 3 icons), photographing, camera and video shooting are all supported);
generate distance image data in which a first axis corresponds to the vertical axis or the lateral axis and a second axis represents the information related to the distance (1420, figs. 14a-b, ¶0099-0101. Also see figs. 5-11, 14-15),
output the moving image data and the distance image data (figs. 14a-b. Also see figs. 5-11, 14-15),
However, Kaida is not found disclosing expressly the limitation of, wherein the distance image data includes information representing a second mark that indicates a depth of field; wherein the processor is configured to perform control of changing a stop value of the stop to a stop value corresponding to the depth of field represented by the second mark, in a case where an operation of changing a position of the second mark along the second axis is received.
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 and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – Feng et al. (US 20240046477 A1), Inagaki (US 20220351395 A1), Ito et al. (US 20200259995 A1), Matsumoto (US 20190394409 A1), Manzari et al. (US 11350026 B1), Shibuno (US 20230102114 A1) – who disclose different methods of depth of field detection and use thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638
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