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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy of foreign patent application number 2020-209579, filed in Japan on December 17, 2020, has been received and made of record.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on April 7, 2026, is in compliance with the provisions of 37 CFR 1.97 and is 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 - Statutory
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 11 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 18 of prior U.S. Patent No. 12,389,103. This is a statutory double patenting rejection.
U.S. Application 19/264,549
U.S. Patent No. 12,389,103
11. A method of controlling an image capturing apparatus supporting a line-of-sight input function, comprising: performing calibration on a line-of-sight input and setting line-of-sight input calibration data; detecting an orientation of the image capturing apparatus; and performing control such that in a case where the line- of-sight input calibration data is not set when the image capturing apparatus is detected to be in a first orientation, a first display is displayed on a display to prompt the user to perform the calibration on the line-of- sight input, while in a case where the image capturing apparatus is detected to be in a second orientation different from the first orientation, the first display is not displayed.
18. A method of controlling an image capturing apparatus supporting a line-of-sight input function, comprising: performing calibration on the line-of-sight input and setting line-of-sight input calibration data; detecting the orientation of the image capturing apparatus; and performing control such that in a case where the line-of-sight input calibration data is not set when the image capturing apparatus is detected to be in a first orientation, a first display is displayed on a display to prompt to perform the calibration on the line-of-sight input, while in a case where the image capturing apparatus is detected to be in a second orientation different from the first orientation, the first display is not displayed.
Double Patenting – Non-Statutory
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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, 2-10 and 12-18 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 2-10, 17, 13, 11, 14-16 and 12, respectively of U.S. Patent No. 12,389,103 to Ogawa (hereinafter “Ogawa ‘103”) in view of U.S. Patent No. 10,672,196 to Nakagawa.
U.S. Application 19/264,549
U.S. Patent No. 12,389,103
1. An image capturing apparatus, comprising:
1. An image capturing apparatus, comprising:
at least one memory; and
at least one processor configured to function as the following units:
a line-of-sight detection unit configured to detect a line-of-sight input by a user;
line-of-sight detection unit configured to detect a line-of-sight input by a user;
a calibration unit configured to perform calibration on the line-of-sight input and set line-of-sight input calibration data;
calibration unit configured to perform calibration on the line-of-sight input and set line-of-sight input calibration data;
an orientation detection unit configured to detect an orientation of the image capturing apparatus; and
orientation detection unit configured to detect the orientation of the image capturing apparatus; and
a control unit configured to perform control such that in a case where the line-of-sight input calibration data is not set when the orientation detection unit detects that the image capturing apparatus is in a first orientation, a first display is displayed on a display to prompt the user to perform the calibration on the line-of-sight input, while in a case where the orientation detection unit detects that the image capturing apparatus is in a second orientation different from the first orientation, the first display is not displayed.
control unit configured to perform
control such that in a case where the line-of-sight input calibration data is not set when the orientation detection unit detects that the image capturing apparatus is in a first orientation, a first display is displayed on a display to prompt to perform the calibration on the line-of-sight input, while in a case
where the orientation detection unit detects that the image capturing apparatus is in a second orientation different from the first orientation, the first display is not displayed.
Regarding claim 1, Ogawa ‘103 (U.S. Patent No. 12,389,103) teaches an image capturing apparatus, comprising a line-of-sight detection unit configured to detect a line-of-sight input by a user (claim 1; col. 31, lines 63-64), a calibration unit configured to perform calibration on the line-of-sight input and set line-of-sight input calibration data (claim 1; col. 31, lines 65-67), an orientation detection unit configured to detect an orientation of the image capturing apparatus (claim 1; col. 32, lines 1-2), and a control unit configured to perform control such that in a case where the line-of-sight input calibration data is not set when the orientation detection unit detects that the image capturing apparatus is in a first orientation, a first display is displayed on a display to prompt the user to perform the calibration on the line-of-sight input, while in a case where the orientation detection unit detects that the image capturing apparatus is in a second orientation different from the first orientation, the first display is not displayed (claim 1; col. 32, lines 3-13). Ogawa ‘103, however, is not found to teach the claimed invention also comprising at least one memory, and at least one processor configured to function as the above units.
Nevertheless, providing a memory and a processor to function as units is well-known and accepted in the both the computing and the imaging arts. For example, Nakagawa teaches an accessory including a memory and a processor to function as units (e.g., claim 1). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to have incorporated the teaching of Nakagawa with the apparatus of Ogawa ‘103 in order to consolidate the functionality of the units onto a processor, allowing for potential software updates to the unit(s), and avoiding any additional expenses associated with providing the units as individual hardware elements. "A person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense" KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Regarding dependent claims 2-10 and 12-18, the material is considered substantively equivalent to the material associated with claims 2-10, 17, 13, 11, 14-16 and 12, respectively, of U.S. Patent No. 12,389,103. Further, each claims depends either directly or indirectly from claim 1, and thus inherits all limitations therefrom. Based on the above, and the teachings of Ogawa ‘103 in view of Nakagawa (please see the 35 U.S.C. 103 rejection of independent claim 1, supra), the dependent claims 2-10 and 12-18 are also rejected. See the claim correspondence, infra.
U.S. Application 19/264,549
U.S. Patent No. 12,389,103
2. The image capturing apparatus according to Claim 1, wherein the first display includes a display indicating an effect obtained by performing the calibration on the line- of-sight input.
2. The image capturing apparatus according to claim 1, wherein the first display includes a display indicating an effect obtained by performing the calibration on the line-of-sight input.
3. The image capturing apparatus according to Claim 1, wherein in a case where the image capturing apparatus is in the second orientation, the control unit performs control such that a second display is displayed to give a warning regarding the line-of-sight input calibration.
3. The image capturing apparatus according to claim 1, wherein in a case where the image capturing apparatus is in the second orientation, the control unit performs control such that a second display is displayed to give a warning regarding the line-of-sight input calibration.
4. The image capturing apparatus according to Claim 3, wherein the second display is an icon display.
4. The image capturing apparatus according to claim 3, wherein the second display is an icon display.
5. The image capturing apparatus according to Claim 3, wherein the first display has a larger display area than the second display has.
5. The image capturing apparatus according to claim 3, wherein the first display has a larger display area than the second display has.
6. The image capturing apparatus according to Claim 1, wherein the control unit performs control such that a live view image captured by an imaging unit of image capturing apparatus is displayed on the display, and the first display is displayed such that the first display is superimposed on the live view image.
6. The image capturing apparatus according to claim 1, wherein the control unit performs control such that a live view image captured by an imaging unit of image capturing apparatus is displayed on the display, and the first display is displayed such that the first display is superimposed on the live view image.
7. The image capturing apparatus according to Claim 1, further comprising a viewfinder, and an in-viewfinder display, wherein the control unit displays the first display on the in-viewfinder display.
7. The image capturing apparatus according to claim 1, further comprising a viewfinder, and an in-viewfinder display, wherein the control unit displays the first display on the in-viewfinder display.
8. The image capturing apparatus according to Claim 1, wherein the first orientation is an orientation in which the image capturing apparatus is horizontal with respect to a direction of gravity and the second orientation is an orientation in which the image capturing apparatus is vertical with respect to the direction of gravity.
8. The image capturing apparatus according to claim 1, wherein the first orientation is an orientation in which the image capturing apparatus is horizontal with respect to a direction of gravity and the second orientation is an orientation in which the image capturing apparatus is vertical with respect to the direction of gravity.
9. The image capturing apparatus according to Claim 1, wherein in a case where a line-of-sight input function is set not to be used, the control unit performs control such that the first display is not performed even when the image capturing apparatus is in the first orientation.
9. The image capturing apparatus according to claim 1, wherein in a case where a line-of-sight input function is set not to be used, the control unit performs control such that the first display is not performed even when the image capturing apparatus is in the first orientation.
10. The image capturing apparatus according to Claim 1, wherein the calibration unit is capable of setting the line- of-sight input calibration data for the first orientation and the second orientation of the image capturing apparatus, respectively.
10. The image capturing apparatus according to claim 1, wherein the calibration unit is capable of setting the line-of-sight input data for the first orientation and the second orientation of the image capturing apparatus, respectively.
12. A non-transitory computer-readable storage medium storing a program for causing a computer to function as each unit of the image capturing apparatus according to Claim 1.
17. A non-transitory computer-readable storage medium storing a program for causing a computer to function as each means of the image capturing apparatus according to claim 1.
13. The image capturing apparatus according to Claim 1, further comprising a setting unit configured to set whether or not to use a line-of-sight input function, wherein the control unit performs control such that in a case where the line-of-sight input function is set to be used by the setting unit, the first display is displayed according to the orientation of the image capturing apparatus.
13. The image capturing apparatus according to claim 1, further comprising a setting unit configured to set whether or not to use the line-of-sight input function, wherein the control unit performs control such that in a case where the line-of-sight input function is set to be used by the setting unit, the first display is displayed according to the orientation of the image capturing apparatus.
14. The image capturing apparatus according to Claim 10, wherein the control unit performs control such that in a case where the calibration is performed for one of the first orientation and the second orientation and the line-of-sight input calibration data is set, the first display is not displayed regardless of whether the image capturing apparatus is in the first orientation or the second orientation.
11. The image capturing apparatus according to claim 10, wherein the control unit performs control such that in a case where the calibration is performed for one of the first orientation and the second orientation and the line-of-sight input calibration data is set, the first display is not displayed regardless of whether the image capturing apparatus is in the first orientation or the second orientation.
15. The image capturing apparatus according to Claim 1, wherein the first display includes a shortcut button for transitioning to a line-of-sight input calibration screen for performing the line-of-sight input calibration.
14. The image capturing apparatus according to claim 1 wherein the first display includes a shortcut button for transitioning to a line-of-sight input calibration screen for performing the line-of-sight input calibration.
16. The image capturing apparatus according to Claim 1, wherein the control unit performs control such that in a case where the line-of-sight input calibration data is not set, a second display indicating that the line-of-sight input calibration data is not set is displayed regardless of the orientation of the image capturing apparatus, and further the first display prompting the user to perform the calibration on the line-of-sight input is displayed depending on the orientation of the image capturing apparatus.
15. The image capturing apparatus according to claim 1, wherein the control unit performs control such that in a case where the line-of-sight input calibration data is not set, a second display indicating that the line-of-sight input calibration data is not set is displayed regardless of the orientation of the image capturing apparatus, and further the first display prompting to perform the calibration on the line-of-sight input is displayed depending on the orientation of the image capturing apparatus.
17. The image capturing apparatus according to Claim 1, wherein the calibration unit is capable of setting line-of- sight input calibration data for each of a plurality of classifications, and the control unit performs control such that in a case where line-of-sight input calibration data is not set for a currently set classification among the plurality of classification, the first display is displayed depending on the orientation of the image capturing apparatus.
16. The image capturing apparatus according to claim 1, wherein the calibration unit is capable of setting line-of-sight input calibration data for each of a plurality of classifications, and the control unit performs control such that in a case where line-of-sight input calibration data is not set for a currently set classification among the plurality of classification, the first display is displayed depending on the orientation of the image capturing apparatus.
18. The image capturing apparatus according to Claim 10, wherein the control unit performs control such that when the orientation detection unit detects that the image capturing apparatus is in the first orientation, although the line-of- sight input calibration data has been set, if the line-of- sight input calibration data does not include line-of-sight input calibration data for the first orientation, the first display is displayed.
12. The image capturing apparatus according to claim 10, wherein the
control unit performs control such that when the orientation detection unit detects that the image capturing apparatus is in the first orientation, although the line-of-sight input calibration data has been set, if the line-of-sight input calibration data does not include line-of-sight input calibration data for the first orientation, the first display is displayed.
Allowable Subject Matter
Claims 19-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 5,471,542 to Ragland teaches point-of-gaze tracking.
U.S. Patent No. 11,837,022 to Mori teaches a similar apparatus and method for executing eye tracking calibration based on orientation information.
U.S. Patent Publication No. 2019/0011983 to Yasuda et al. teaches calibration of line-of-sight.
U.S. Patent Publication No. 2021/0357027 to Yamasaki et al. teaches line-of- sight detection.
U.S. Patent Publication No. 2024/0062583 to Mori teaches a similar apparatus and method for executing eye tracking calibration based on orientation information.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 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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/GARY C VIEAUX/Primary Examiner, Art Unit 2638
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