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. 12382160. 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. See below:
19/289485
US 12382160
1. An electronic device comprising: a camera; a display; memory storing one or more computer programs; and one or more processors communicatively coupled to the camera, the display and the memory; wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: execute a photographing function of the electronic device, in response to the photographing function being executed: display, on the display, a preview image that is currently being acquired by the camera of the electronic device, and activate a function of detecting a motion of a subject within the preview image; determine whether the motion of the subject in the preview image is detected, in response to the motion of the subject not being detected, photograph the subject in a manual photographing mode; and in response to the motion of the subject being detected, continuously photograph the subject at a predetermined interval time.
1. An electronic device comprising: a camera; a display; memory storing one or more computer programs; and one or more processors communicatively coupled to the camera, the display and the memory; wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: execute a photographing function of the electronic device, in response to the photographing function being executed, display, on the display, a preview image that is currently being acquired by the camera of the electronic device, determine whether a motion of the electronic device and a motion of a subject in the preview image are detected, in response to the motion of the electronic device and the motion of the subject not being detected, execute an automatic photographing mode, and automatically photograph the subject in the automatic photographing mode.
Automatic vs manual considered as an obvious variation.
2. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: in response to the photographing function being executed, activate a function for detecting a motion of the electronic device.
2. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: in response to the photographing function being executed, activate a function for detecting the motion of the electronic device.
3. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to detect at least one of a horizontal movement, a vertical movement or a rotation movement of the electronic device, by using at least one of an acceleration sensor or a gyro sensor.
3. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to detect at least one of a horizontal movement, a vertical movement or a rotation movement of the electronic device, by using at least one of an acceleration sensor or a gyro sensor.
4. The electronic device of claim 1, wherein a photographing condition for automatically photographing is set in accordance with a photographing environment of the electronic device, in an automatic photographing mode.
4. The electronic device of claim 1, wherein a photographing condition for the automatically photographing is set in accordance with a photographing environment of the electronic device, in the automatic photographing mode.
5. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: photograph the subject according to a photographing condition related to the motion of the subject being not detected.
5. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: determine whether the motion of the subject is detected, and photograph the subject in the automatic photographing mode in response to the motion of the subject being not detected.
6. The electronic device of claim 5, wherein the photographing condition related to the motion of the subject being not detected is different from a photographing condition related to the motion of the subject being detected.
7. The electronic device of claim 6, wherein the photographing condition related to the motion of the subject being not detected is different from a photographing condition related to the motion of the subject being detected.
7. The electronic device of claim 6, wherein the photographing condition related to the motion of the subject being detected comprises at least one of a photographing interval time or an exposure time.
8. The electronic device of claim 7, wherein the photographing condition related to the motion of the subject being not detected comprises at least one of a photographing interval time or an exposure time. Considered obvious variation.
8. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: in response to the motion of the subject being detected, set at least one of a photographing interval or an exposure time period.
8. The electronic device of claim 7, wherein the photographing condition related to the motion of the subject being not detected comprises at least one of a photographing interval time or an exposure time.
9. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: determine whether an emotion change of the subject is recognized, and photograph the subject in an automatic photographing mode in response to the emotion change of the subject being detected.
9. The electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: determine whether an emotion change of the subject is recognized, and photograph the subject in the automatic photographing mode in response to the emotion change of the subject being detected.
10. The electronic device of claim 9, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: photograph the subject according to a photographing condition related to the emotion change of the subject.
10. The electronic device of claim 9, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: photograph the subject according to a photographing condition related to the emotion change of the subject.
11. A method performed by an electronic device for photographing a subject, the method comprising: executing, by the electronic device, a photographing function of the electronic device; in response to the photographing function being executed, displaying, by the electronic device, a preview image that is currently being acquired by a camera of the electronic device and activating a function of detecting a motion of a subject within the preview image; determining, by the electronic device, whether the motion of the subject is detected, in response to the motion of the subject not being detected, photographing the subject in a manual photographing mode; and in response to the motion of the subject being detected, continuously photographing the subject at a predetermined interval time.
11. A method performed by an electronic device for photographing a subject, the method comprising: executing, by the electronic device, a photographing function of the electronic device; in response to the photographing function being executed, displaying, by the electronic device, a preview image that is currently being acquired by a camera of the electronic device; determining, by the electronic device, whether a motion of the subject is detected, in response to the motion of the subject not being detected, determining, by the electronic device, whether a motion of the electronic device is detected; in response to the motion of the electronic device not being detected, performing, by the electronic device, an automatic photographing mode; and automatically photographing the subject in the automatic photographing mode. Automatic vs manual considered as an obvious variation.
12. The method of claim 11, the method further comprising: in response to the photographing function being executed, activating a function for detecting a motion of the electronic device.
2. The method of claim 11, the method further comprising: in response to the photographing function being executed, activating a function for detecting the motion of the electronic device.
13. The method of claim 11, the determining whether the motion of the electronic device is detected comprising: the detecting at least one of a horizontal movement, a vertical movement or a rotation movement of the electronic device, by using at least one of an acceleration sensor or a gyro sensor.
13. The method of claim 11, the determining whether the motion of the electronic device is detected comprising: the detecting at least one of a horizontal movement, a vertical movement or a rotation movement of the electronic device, by using at least one of an acceleration sensor or a gyro sensor.
14. The method of claim 11, wherein a photographing condition for automatically photographing is set in accordance with a photographing environment of the electronic device, in an automatic photographing mode.
14. The method of claim 11, wherein a photographing condition for the automatically photographing is set in accordance with a photographing environment of the electronic device, in the automatic photographing mode.
15. The method of claim 11, wherein automatically photographing the subject comprises: photographing the subject according to a photographing condition related to the motion of the subject being not detected.
15. The method of claim 11, the method further comprising: determining whether the motion of the subject is detected, and wherein the automatically photographing the subject comprises photographing the subject in the automatic photographing mode in response to the motion of the subject being not detected.
16. The method of claim 15, wherein the photographing condition related to the motion of the subject being not detected is different from a photographing condition related to the motion of the subject being detected.
17. The method of claim 16, wherein the photographing condition related to the motion of the subject being not detected is different from a photographing condition related to the motion of the subject being detected.
17. The method of claim 16, wherein the photographing condition related to the motion of the subject being not detected comprises at least one of a photographing interval time or an exposure time.
18. The method of claim 17, wherein the photographing condition related to the motion of the subject being not detected comprises at least one of a photographing interval time or an exposure time.
18. The method of claim 11, the method further comprises: in response to the motion of the subject being detected, setting at least one of a photographing interval or an exposure time period.
18. The method of claim 17, wherein the photographing condition related to the motion of the subject being not detected comprises at least one of a photographing interval time or an exposure time.
19. The method of The method of wherein the method further comprising: determining whether an emotion change of the subject is recognized, and wherein automatically photographing the subject comprises photographing the subject in an automatic photographing mode in response to the emotion change of the subject being detected.
19. The method of claim 11, wherein the method further comprising: determining whether an emotion change of the subject is recognized, and wherein the automatically photographing the subject comprises photographing the subject in the automatic photographing mode in response to the emotion change of the subject being detected.
20. The method of claim 19, wherein automatically photographing the subject comprises photographing the subject according to a photographing condition related to the emotion change of the subject.
20. The method of claim 19, wherein the automatically photographing the subject comprises photographing the subject according to a photographing condition related to the emotion change of the subject.
7. Claims 1-20 of the instant application is also rejected on the ground of nonstatutory double patenting as being unpatentable over patented claims 1-20 of U.S. Patent No. 11089206; and patented claims 1-20 of US 10681263 and patented claim 1-20 of 11743571, either alone or in-combination with patented claims 1-20 of US 12382160, for the same reason as set forth in the above. It is noted that, the differences, such as detected and/or not detected using automatic and/or manual considered as an obvious variation over the above patented claims.
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
8. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
Christopher Kelley can be reached on 571 272 7331. The fax phone number for the organization where
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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