DETAILED ACTION
This office action is responsive to application 19/259,464 filed on July 3, 2025. Claim 1 is pending in the application and have been examined by the Examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/387,150, filed on December 27, 2023.
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 rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,425,752. This is a statutory double patenting rejection.
Prior Art
Consider claim 1, the closest prior art, Kobayashi et al. (US 10,498,979) teaches:
An image sensor (figure 1) comprising:
a photoelectric converter (photoelectric conversion unit, 1) that photoelectrically converts light to generate an electric charge (see column 4, lines 26-28);
a first readout circuit (second transfer transistor, M1B, fourth transfer transistor, M2B) that reads out a signal based on the charge converted by the photoelectric converter (i.e. via control signals TX1B and TX2B, figures 1 and 5, column 9, lines 48-54, column 9, line 65 through column 10, line 27);
a second readout circuit (first transfer transistor, M1A, third transfer transistor, M2A) that reads out the signal (1, i.e. via control signals TX1A and TX2A, figures 1 and 5, column 9, lines 48-54, column 9, line 65 through column 10, line 27) and includes a holder (first holding unit, 2A) that holds the charge generated by the photoelectric converter (1, see figure 2, column 4, lines 34-36); and
a controller (vertical scanning circuit, 101, column 9, lines 35-37) that performs either a first control for reading out the signal using the first readout circuit (M1B, M2B, i.e. via TX1B and TX2B, figure 5) or a second control for reading out the signal using the second readout circuit (M1A, M2A, i.e. via TX1A and TX2A, figure 5), wherein
when the controller (101) performs the second control to read out the signal (i.e. via TX1A and TX2A in figure 5), the controller (101) performs control so that the charge is transferred from the photoelectric converter (1) to the holder (2A, i.e. via TX1A) during a period in which charge is accumulated in the photoelectric converter (i.e. during the “(n)th FRAME” period in figure 5, column 9, line 65 through column 10, line 2).
However, the prior art of record does not teach nor reasonably suggest at least that when the controller performs the second control to read out the signal, the controller performs control so that the charge is caused to be discharged from the photoelectric converter using the first readout circuit, in combination with the other elements recited in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT H CUTLER whose telephone number is (571)270-1460. The examiner can normally be reached approximately Mon - Fri 8:00-4:30.
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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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/ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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