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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 10 are objected to because of the following informalities:
In line 5 of claim 1, “preform” should be corrected to “perform”. In line 2 of claim 10, “preforming” should be corrected to “performing”.
Appropriate correction is required.
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 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 13-14 of U.S. Patent No. 12389116. Although the claims at issue are not identical, they are not patentably distinct from each other because claims to the instant application are broader than and fully encompassed by the claims to the US Patent.
Instant application: 19/271056
US Patent No.: 12389116B2
1. A focus control apparatus comprising: a memory configured to store instructions; and
a processor configured to execute the instructions, the processor being configured to preform a focus detection, and
control a drive of a focus lens included in an optical system based on a focus detection result acquired by the focus detection,
wherein the processor sets, in a search operation of acquiring the focus detection result while driving the focus lens in a search direction according to user's instructions, a movable range of the focus lens based on the search direction and a position of the focus lens,
in a case where the focus detection result is acquired within the movable range,
drives the focus lens based on the focus detection result, and
in a case where the focus detection result is acquired outside the movable range, drives the focus lens in the search direction without using the focus detection result.
1. A focus control apparatus comprising: a memory configured to store instructions; and
a processor configured to execute the instructions, the processor being configured to preform a focus detection using a phase-difference detecting method, and
control a drive of a focus lens included in an optical system based on a focus detection result acquired by the focus detection,
wherein the processor sets, in a search operation of acquiring the focus detection result while driving the focus lens in a search direction, a movable range of the focus lens based on the search direction and a position of the focus lens,
in a case where the focus detection result for a position within the movable range is acquired,
drives the focus lens based on the focus detection result, and
in a case where the focus detection result for a position outside the movable range is acquired, drives the focus lens in the search direction without using the focus detection result.
Dependent claims 2-9 of the instant application correspond to dependent claims 2-9 of the US Patent.
Instant application: 19/271056
US Patent No.: 12389116B2
10. A focus control method comprising:
a step of preforming a focus detection, and
a step of controlling a drive of a focus lens included in an optical system based on a focus detection result acquired by the focus detection,
wherein in a search operation of acquiring the focus detection result while driving the focus lens in a search direction according to user's instructions, a movable range of the focus lens is set based on the search direction and a position of the focus lens,
in a case where the focus detection result is acquired within the movable range, the focus lens is driven based on the focus detection result, and
in a case where the focus detection result is acquired outside the movable range, the focus lens is driven in the search direction without using the focus detection result.
13. A focus control method comprising:
a step of preforming a focus detection using a phase-difference detecting method, and
a step of controlling a drive of a focus lens included in an optical system based on a focus detection result acquired by the focus detection,
wherein in a search operation of acquiring the focus detection result while driving the focus lens in a search direction, a movable range of the focus lens is set based on the search direction and a position of the focus lens,
in a case where the focus detection result for a position within the movable range is acquired, the focus lens is driven based on the focus detection result, and
in a case where the focus detection result for a position outside the movable range is acquired, the focus lens is driven in the search direction without using the focus detection result.
Dependent claim 11 of the instant application corresponds to dependent claim 14 of the US Patent.
[No prior-art was found for the claims as currently written].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRITHAM DAVID PRABHAKHER whose telephone number is (571)270-1128. The examiner can normally be reached Monday to Friday 8:00 am to 5:00 pm EST.
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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