DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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).
3. 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).
4. 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.
5. 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.
6. Claims 1-20 of the instant application is rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-20 of U.S. Patent No. 11949977. Although the conflicting claims are not identical, they are not patentably distinct from each other because they claim the same scope of the invention, but using different variations of the claim language. See below:
19/265911
US 11949977
1. Electronic equipment comprising: a processor; and a memory storing a program which, when executed by the processor, causes the electronic equipment to: obtain a third image in which a first image captured via a first optical system and a second image captured via a second optical system are arranged side by side, wherein the second image has parallax with the first image; perform predetermined processing on a target area in the third image; perform display control to display the third image and superimpose an item indicating the target area on the third image, on a display; receive a position designation for designating a position of the item on the third image, based on detection of a user operation; and perform display control to superimpose the item on the third image based on the position designation; wherein, in a case where the position designation designates a position such that the item is across the first image and the second image, the item is superimposed to a position where the target area includes either the first image or the second image, and the predetermined processing is performed on the target area corresponding to the position of the item superimposed on the third image.
1. Electronic equipment comprising: a processor; and a memory storing a program which, when executed by the processor, causes the electronic equipment to: obtain a third image in which a first image captured via a first optical system and a second image captured via a second optical system are arranged side by side, wherein the second image has parallax with the first image; perform predetermined processing on a target area in the third image; perform display control to display the third image and superimpose an item indicating the target area on the third image, on a display unit; receive a position designation for designating a position of the item on the third image, based on detecting a user operation; and perform display control to move and superimpose the item on the third image based on the position designation; wherein, in a case where the position designation designates a position such that the item is across the first image and the second image, the item is moved and superimposed so that the item is inside either the first image or the second image, and the predetermined processing is performed on the target area corresponding to the position of the item superimposed on the third image.
2. The electronic equipment according to claim 1, wherein the position designated by the position designation such that the item is across the first image and the second image is a position within a predetermined area from a border between the first image and the second image.
2. The electronic equipment according to claim 1, wherein the position designated by the position designation such that the item is across the first image and the second image is a position within a predetermined area from a border between the first image and the second image.
3. The electronic equipment according to claim 2, wherein the predetermined area is an
area having a lateral size one half that of the item.
3. The electronic equipment according to claim 2, wherein the predetermined area is an area having a lateral size one half that of the item.
4. The electronic equipment according to claim 1, wherein, in a case where the position designated by the position designation is changed from a position such that the item includes the first image to the position such that the item is across the first image and the second image, the item is superimposed from the position such that the item includes the first image to the position such that the item includes the second image without being superimposed on the position being across the first image and the second image.
4. The electronic equipment according to claim 1, wherein, in a case where the position designated by the position designation is changed from a position such that the item is inside the first image to a position such that the item is across the first image and the second image, moved and superimposed from inside the first image to inside the second image without being superimposed on a position being across the first image and the second image.
5. The electronic equipment according to claim 1, wherein the program, when executed by the processor, further causes the electronic equipment to: detect a press operation performed on an operation member, and switch the target area from a position in the first image to a position in the second image, which is relatively corresponding to the position in the first image, in response to the detection of the press operation.
5. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to detect a press operation performed on an operation member, and switch the target area from a position in the first image to a relatively corresponding position in the second image in response to detecting the press operation.
6. The electronic equipment according to claim 1, wherein the program, when executed by the processor, further causes the electronic equipment to: perform display control to display a result of the predetermined processing
performed on the target area on the display;
receive a position change designation for changing a position of the target area based on detection of a user operation while displaying the result of the predetermined processing performed on the target area on the display; and
perform the predetermined processing on the target area changed corresponding to the position designated by the position change designation, wherein in a case where the target area includes the first image, the position of
the target area is changed by the position change designation such that the target area includes the first image, while the position of the target area is not switched from a position including the first image to a position including the second image.
6. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to perform control to display a result of performing the predetermined processing on the target area on the display unit; receive a position change designation for changing a position of the target area based on detecting a user operation while displaying the result of performing the predetermined processing on the target area on the display unit; and perform the predetermined processing on the target area changed corresponding to the position designated by the position change designation, wherein the position change designation changes the position of the target area inside the first image which includes the target area but does not change the position of the target area from the first image to the second image.
7. The electronic equipment according to The electronic equipment according to wherein the program, when executed by the processor, further causes the electronic equipment to capture the third image by forming an optical image input via the first optical system and an optical image input via the second optical system on one imaging surface, wherein the first image is an image corresponding to the optical image input via the first optical system, and wherein the second image is an image corresponding to the optical image input via the second optical system.
7. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to capture the third image by forming an optical image input via the first optical system and an optical image input via the second optical system on one imaging surface, wherein the first image is an image corresponding to the optical image input via the first optical system, and wherein the second image is an image corresponding to the optical image input via the second optical system.
8. The electronic equipment according to claim 7, wherein the program, when executed by the processor, further causes the electronic equipment to: detect a press operation performed on an operation member, set a zoom ratio of the target area to at least one of no zoom, 6 times zoom and 15 times zoom in response to detection of the press operation, and perform zoom processing to enlarge the target area according to the set zoom ratio.
8. The electronic equipment according to claim 7, wherein the program when executed by the processor further causes the electronic equipment to detect a press operation performed on an operation member, and set a zoom ratio of the target area to at least one of no zoom, 6 times zoom, and 15 times zoom in response to detecting the press operation, and wherein the target area is enlarged according to the set zoom ratio by performing the zoom processing.
9. The electronic equipment according to claim 1, wherein the program, when executed by the processor, further causes the electronic equipment to: receive a center return instruction to return the item to a center position, based on detection of a user operation, wherein, in response to the center return instruction, the position of the item is changed to a position included a center of an image which is one of the first image and the second image and on which the item is superimposed.
9. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to receive a center return instruction to return the item to a center position, based on detecting a user operation, wherein, in response to the center return instruction, the position of the item is changed to a center of one of the first image and the second image on which the item is superimposed.
10. The electronic equipment according to claim 1, wherein, in a case where the position designation designates the position such that the item is across the first image and the second image, the item is superimposed on a position where the item includes either the first image or the second image and one side of the item touches a border between the first image and the second image.
12. The electronic equipment according to claim 1, wherein, in a case where the position designation designates the position such that the item is across the first image and the second image, the item is moved and superimposed so that the item is inside either the first image or the second image and one of sides of the item touches the border between the first image and the second image.
11. The electronic equipment according to claim 1, wherein the program when executed
by the processor further causes the electronic equipment to: detect a touch operation performed on a display surface of the display,
wherein the position designation is received based on the detection of the touch operation which has been performed on the display surface of the display displaying the third image.
13. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to detect a touch operation performed on a display surface of the display unit, and wherein the position designation is received based on detecting the touch operation performed on the display surface of the display unit displaying the third image.
12. The electronic equipment according to claim 1, wherein the program, when executed by the processor, further causes the electronic equipment to: detect a press operation performed on an operation member, wherein the position designation is received based on the detection of the press operation which has been performed on an operation member for issuing a directional instruction corresponding to one of up, down, left and right directions and an operation member for issuing confirmation.
14. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to detect a press operation performed on an operation member, and wherein the position designation is received based on detecting the press operation performed on an operation member for issuing a directional instruction corresponding to one of up, down, left and right directions and an operation member for issuing confirmation.
13. The electronic equipment according to claim 1, wherein the program, when executed by the processor, further causes the electronic equipment to: obtain a fourth image in which a single image captured via a single optical
system is included, wherein the predetermined processing is performed on a target area in the fourth image, the fourth image is displayed, and the item is superimposed on the fourth image by performing display control, on the display, the position designation for designating a position of the item on the fourth image is received, based on detection of a user operation, and the item is directly superimposed on the fourth image based on the position designation.
15. The electronic equipment according to claim 1, wherein the program when executed by the processor further causes the electronic equipment to obtain a fourth image in which a single image captured via a single optical system is included, wherein the predetermined processing is performed on a target area in the fourth image, the fourth image is displayed and the item is superimposed on the fourth image by performing display control, on a display unit, the position designation for designating a position of the item on the fourth image is received, based on detecting a user operation, and the item is moved and superimposed on the fourth image based on directly the position designation.
14. The electronic equipment according to claim 13, wherein, in response to the detection of the user operation, the position of the item is changed to a center position of the fourth image.
16. The electronic equipment according to claim 15, wherein, in response to detecting a user operation, the position of the item is changed to a center of the fourth image.
15. The electronic equipment according to claim 1, wherein the predetermined processing is zoom processing and the target area is enlarged by the zoom processing.
17. The electronic equipment according to claim 1 wherein the predetermined processing is zoom processing and the target area is enlarged by performing the zoom processing.
16. The electronic equipment according to claim 1, wherein the predetermined processing is at least one of processing for zooming the target area, processing for generating a histogram or a waveform monitor by detecting a luminance distribution or chromaticity distribution in the target area and processing for applying a filter to the target area.
18. The electronic equipment according to claim 1 wherein the predetermined processing is at least one of processing for zooming the target area, processing for generating a histogram or a waveform monitor by detecting a luminance distribution or chromaticity distribution in the target area and processing for applying a filter to the target area.
17. A method for controlling electronic equipment, comprising: obtaining a third image in which a first image captured via a first optical system and a second image captured via a second optical system are arranged side by side,
wherein the second image has parallax with the first image; performing predetermined processing on a target area in the third image;
performing display control to display the third image and superimpose an item indicating the target area on the third image, on a display;
receiving, a position designation for designating a position of the item on the third image, based on detection of a user operation; and performing display control to superimpose the item on the third image based on the position designation,
wherein, in a case where the position designation designates a position such that the item is across the first image and the second image, the item is superimposed to a position where the target area includes either the first image or the second image, and the predetermined processing is performed on the target arca corresponding to the position of the item superimposed on the third image.
10. A method for controlling electronic equipment, comprising: obtaining a third image in which a first image captured via a first optical system and a second image captured via a second optical system are arranged side by side, wherein the second image has parallax with the first image; performing predetermined processing on a target area in the third image; performing display control to display the third image and superimpose an item indicating the target area on the third image, on a display unit; receiving, as first receiving, a position designation for designating a position of the item on the third image, based on detecting a user operation; and performing display control to move and superimpose the item on the third image based on the position designation, wherein, in a case where the position designation designates a position such that the item is across the first image and the second image, the item is moved and superimposed so that the item is inside either the first image or the second image, and the predetermined processing is performed on the target area corresponding to the position of the item superimposed on the third image.
18. The method according to claim 17, further comprising: detecting a press operation performed on an operation member, and switching the target area from a position in the first image to a relatively corresponding position in the second image in response to the detecting the press operation.
19. The method according to claim 10, further comprising: detecting a press operation performed on an operation member, and switching the target area from a position in the first image to a relatively corresponding position in the second image in response to detecting the press operation.
l 9. A non-transitory computer-readable recording medium storing a program for causing electronic equipment to execute the method according to claim 17.
11. A non-transitory computer-readable recording medium storing a program for causing electronic equipment to execute the method according to claim 10.
20. The non-transitory computer-readable recording medium according to claim 19, further comprising: detecting a press operation performed on an operation member, and switching the target area from a position in the first image to a relatively corresponding position in the second image in response to the detecting the press operation.
20. The non-transitory computer-readable recording medium according to claim 11, further comprising: detecting a press operation performed on an operation member, and switching the target area from a position in the first image to a relatively corresponding position in the second image in response to detecting the press operation.
In view of the above, allowing claims 1-20 of the instant application would result in an
unjustified or improper time-wise extension of the "right to exclude" granted by a patent. See In re
Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Feb. Cir. 1993).
Contact Information
7. Any inquiry concerning this communication or earlier communications from the examiner
should be directed to Behrooz Senfi, whose telephone number is (571)272-7339. The examiner can
normally be reached on Monday-Friday 10:00-6:00.
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this application or proceeding is assigned is 571-273-8300.
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/BEHROOZ M SENFI/Primary Examiner, Art Unit 2482
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