DETAILED ACTION
Claims 1-12 are pending in the application.
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 § 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.
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Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 8-12 of U.S. Patent No. 12,501,179 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims are directed towards a photoelectric conversion apparatus comprising a plurality of substrates stacked on each other having a first and second processing unit and a first and second learned model. The claims as currently recited in the instant application are found to be anticipatory by U.S. Patent No. 12,501,179 B2, because the patented claims include all the limitations as currently constructed by the instant application.
Instant Application Patent ‘179
Claim 1 - A photoelectric conversion chip comprising: a photoelectric conversion region in which a plurality of photoelectric conversion units are arranged; a first filter arranged so as to correspond to a first photoelectric conversion unit among the plurality of photoelectric conversion units; a second filter arranged so as to correspond to a second photoelectric conversion unit among the plurality of photoelectric conversion units and having a different optical property from the first filter; a first processing unit configured to process an output signal from the first photoelectric conversion unit and having a first learned model; and a second processing unit configured to process an output signal from the second photoelectric conversion unit and having a second learned model different from the first learned model.
Claim 1 - A photoelectric conversion apparatus comprising: a plurality of substrates in which one of the plurality of substrate being stacked on the other substrate; a photoelectric conversion region in which a plurality of photoelectric conversion units are arranged; a first filter arranged so as to correspond to a first photoelectric conversion unit among the plurality of photoelectric conversion units; a second filter arranged so as to correspond to a second photoelectric conversion unit among the plurality of photoelectric conversion units and having a different optical property from the first filter; a first processing unit configured to process an output signal from the first photoelectric conversion unit and having a first learned model; and a second processing unit configured to process an output signal from the second photoelectric conversion unit and having a second learned model different from the first learned model, wherein the photoelectric conversion region is arranged in one of the plurality of substrates, and the first processing unit and the second processing unit are arranged in any of the plurality of substrates other than the one of the plurality of substrates.
Claim 2 - The photoelectric conversion chip according to wherein the photoelectric conversion chip includes a plurality of substrates in which one of the plurality of substrate is stacked on the other substrate, and wherein the photoelectric conversion region is arranged in one of the plurality of substrates, and the first processing unit and the second processing unit are arranged in any of the plurality of substrates other than the one of the plurality of substrates.
Claim 1 - A photoelectric conversion apparatus comprising: a plurality of substrates in which one of the plurality of substrate being stacked on the other substrate; a photoelectric conversion region in which a plurality of photoelectric conversion units are arranged; a first filter arranged so as to correspond to a first photoelectric conversion unit among the plurality of photoelectric conversion units; a second filter arranged so as to correspond to a second photoelectric conversion unit among the plurality of photoelectric conversion units and having a different optical property from the first filter; a first processing unit configured to process an output signal from the first photoelectric conversion unit and having a first learned model; and a second processing unit configured to process an output signal from the second photoelectric conversion unit and having a second learned model different from the first learned model, wherein the photoelectric conversion region is arranged in one of the plurality of substrates, and the first processing unit and the second processing unit are arranged in any of the plurality of substrates other than the one of the plurality of substrates.
Claim 3 - The photoelectric conversion chip according to wherein the first filter is provided so that the first photoelectric conversion unit receives light of an infrared region, and the second filter is provided so that the second photoelectric conversion unit receives light of a visible light region.
Claim 2 - The photoelectric conversion apparatus according to claim 1, wherein the first filter is provided so that the first photoelectric conversion unit receives light of an infrared region, and the second filter is provided so that the second photoelectric conversion unit receives light of a visible light region.
Claim 4 - The photoelectric conversion chip according to wherein the first filter is provided so that the first photoelectric conversion unit receives green light, and the second filter is provided so that the second photoelectric conversion unit receives red or blue light.
Claim 3 - The photoelectric conversion apparatus according to claim 1, wherein the first filter is provided so that the first photoelectric conversion unit receives green light, and the second filter is provided so that the second photoelectric conversion unit receives red or blue light.
Claim 5 - The photoelectric conversion chip according to wherein the first learned model is a learned model that processes luminance information obtained from an output signal from the first photoelectric conversion unit, and the second learned model is a learned model that processes color information obtained from an output signal from the second photoelectric conversion unit.
Claim 4 - The photoelectric conversion apparatus according to claim 1, wherein the first learned model is a learned model that processes luminance information obtained from an output signal from the first photoelectric conversion unit, and the second learned model is a learned model that processes color information obtained from an output signal from the second photoelectric conversion unit.
Claim 6 - The photoelectric conversion chip according to Claim 1, further comprising: a processing unit configured to combine an output from the first processing unit with an output from the second processing unit.
Claim 5 - The photoelectric conversion apparatus according to claim 1, further comprising: a processing unit configured to combine an output from the first processing unit with an output from the second processing unit.
Claim 7 - The photoelectric conversion chip according to wherein the first processing unit and the second processing unit are provided on a same substrate of the plurality of substrates.
Claim 6 - The photoelectric conversion apparatus according to claim 1, wherein the first processing unit and the second processing unit are provided on a same substrate of the plurality of substrates.
Claim 8 - The photoelectric conversion chip according to wherein, in a plan view, a distance between the first processing unit and a boundary of the photoelectric conversion region is longer than a distance between the second processing unit and the boundary of the photoelectric conversion region.
Claim 8 - The photoelectric conversion apparatus according to claim 6, wherein, in a plan view, a distance between the first processing unit and a boundary of the photoelectric conversion region is longer than a distance between the second processing unit and the boundary of the photoelectric conversion region.
Claim 9 - The photoelectric conversion chip according to wherein, in a plan view, an area occupied by the first processing unit is larger than an area occupied by the second processing unit.
Claim 9 - The photoelectric conversion apparatus according to claim 1, wherein, in a plan view, an area occupied by the first processing unit is larger than an area occupied by the second processing unit.
Claim 10 - The photoelectric conversion chip according to Claim 1, further comprising: a first pixel provided with the first photoelectric conversion unit; and a second pixel provided with the second photoelectric conversion unit, wherein luminance information on the second pixel and regarding a wavelength corresponding to the first filter is acquired from an output signal from the first photoelectric conversion unit, and the first processing unit processes the luminance information on the second pixel.
Claim 10 - The photoelectric conversion apparatus according to claim 1, further comprising: a first pixel provided with the first photoelectric conversion unit; and a second pixel provided with the second photoelectric conversion unit, wherein luminance information on the second pixel and regarding a wavelength corresponding to the first filter is acquired from an output signal from the first photoelectric conversion unit, and the first processing unit processes the luminance information on the second pixel.
Claim 11 - A photoelectric conversion system comprising: the photoelectric conversion chip according to Claim 1; and a signal processing unit configured to generate an image using a signal output from the photoelectric conversion chip.
Claim 11- A photoelectric conversion system comprising: the photoelectric conversion apparatus according to claim 1; and a signal processing unit configured to generate an image using a signal output from the photoelectric conversion apparatus.
Claim 12 - A moving body provided with the photoelectric conversion chip according to Claim 1, the moving body comprising: a controller configured to control movement of the moving body using a signal output from the photoelectric conversion chip.
Claim 12 - A moving body provided with the photoelectric conversion apparatus according to claim 1, the moving body comprising: a controller configured to control movement of the moving body using a signal output from the photoelectric conversion apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H MOREHEAD III whose telephone number is (571)270-3845. The examiner can normally be reached M - F 0930-1800 EST.
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/JOHN H MOREHEAD III/Examiner, Art Unit 2639
/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
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