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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Instant application 19/289,647
Patent 12,405,444
1. An image pickup apparatus attachable to and detachable from a lens apparatus that includes
a first optical system and a second optical system and a drive mechanism configured to relatively move the first optical system and the second optical system, the image pickup apparatus comprising:
an image sensor; and
a controller, the controller includes:
a memory storing instructions; and
a processor configured to execute the instructions to:
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system,
determine a second focus detection position corresponding to the second optical system based on a first object image formed by the first optical system and a second object image formed by the second optical system,
acquire a second evaluation value of the second optical system at the second focus detection position, and
move the first optical system and the second optical system based on the first evaluation value and the second evaluation value.
1. A control apparatus for a camera system that includes a lens apparatus including
a first optical system and a second optical system and configured to move the first optical system and the second optical system relative to each other, and an image pickup apparatus including an image sensor and attachable to and detachable from the lens apparatus, the control apparatus comprising:
a memory storing instructions; and
a processor configured to execute the instructions to:
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system,
determine a second focus detection position corresponding to the second optical system based on an first object image formed by the first optical system and a second object image formed by the second optical system,
acquire a second evaluation value of the second optical system at the second focus detection position, and
move the first optical system and the second optical system based on the first evaluation value and the second evaluation value.
13. An image pickup apparatus attachable to and detachable from
a lens apparatus that includes a first optical system and a second optical system and a drive mechanism configured to relatively move the first optical system and the second
optical system,
the image pickup apparatus comprising:
an image sensor; and
a controller, the controller includes:
a memory storing instructions; and
a processor configured to execute the instructions to:
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system, and
move the first optical system and the second optical system based on the first evaluation value.
25. A control apparatus for a camera system that includes
a lens apparatus including a first
optical system and a second optical system and is configured to move the first optical system and the second optical system relative to each other, and
an image pickup apparatus that includes an image sensor and is attachable to and detachable from the lens apparatus, the control apparatus comprising:
a memory storing instructions; and
a processor configured to execute the instructions to:
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system, and
move the first optical system and the second optical system based on the first evaluation value.
Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, and 25-29 respectively of U.S. Patent No. 12,405,444. Although the claims at issue are not identical, they are not patentably distinct from each other because, the claims of the instant application are obvious variant of the corresponding ones of the US Patent No. 12,405,444. Furthermore, the scopes of the claims on the instant application are also met and encompassed by the corresponding ones of Patent No. 12,405,444.
The apparent difference between the conflicting claims mainly arises from the style of limitation recitation and relative placement of conflicting elements within the claims’ body. In above table base claims 1, and 13 are furnished along with conflicting claims 1 and 25 of the Patent for side-by-side quick comparison. Conflicting elements that are not found side-by-side are furnished with similar font articulation (e.g., using boldface, italics and underlines).
Allowable Subject Matter
Claims 1-17 allowed over prior art.
Terminal Disclaimer is required to obviate the pending double patenting rejections made in the office Action, before a Notice of Allowance is issued.
The following is an examiner’s statement of reasons for allowance:
In the closest prior art Murakami et al. (US 20210088893 A1) discloses,
Regarding claim 1, an image pickup apparatus (figs. 1, 6-7, units 100, 110, 200) attachable to and detachable from a lens apparatus (The lens apparatus 200 is an interchangeable lens that can be attached to and detached from the camera body 110. –¶0039) that includes a first optical system and a second optical system (201L-R, figs. 1, 6) and a drive mechanism configured to relatively move the first optical system and the second optical system (The right-eye optical system 201R and the left-eye optical system 201L are fixed to the lens base 203, and when the focus ring 205 is operated, the lens base 203 moves back and forth. In other words, since the cam shape of the focus ring 205 is sandwiched between the lens base 203 and the lens mount 202, the lens base 203 moves back and forth as the focus ring 205 is rotated. – ¶0031), the image pickup apparatus comprising:
an image sensor (sensor 111, fig. 5); and
a controller (fig. 6, 110), the controller includes:
a memory (116, fig. 6) storing instructions (¶0042); and
a processor (117, 113, fig. 6) configured to execute the instructions (¶00422) to:
Murakami is not found disclosing limitations of,
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system,
determine a second focus detection position corresponding to the second optical system based on a first object image formed by the first optical system and a second object image formed by the second optical system,
acquire a second evaluation value of the second optical system at the second focus detection position, and
move the first optical system and the second optical system based on the first evaluation value and the second evaluation value.
SUGIE (US 20180045934 A1) discloses on the other hand,
acquire a first evaluation value of the first optical system at a first focus detection position corresponding to the first optical system (¶0074),
determine a second focus detection position corresponding to the second optical system based on a first object image formed by the first optical system and a second object image formed by the second optical system (Further, the evaluation value calculation unit 22-2A receives the focus evaluation value corresponding to the reference lens from the evaluation value calculation unit 22-2B, sets an evaluation frame W3 to correspond to the evaluation frame W1, and calculates the focus evaluation value corresponding to the focus adjusting lens 122A using the evaluation frame W3. Note that the evaluation value calculation unit 22-2A may set the evaluation frame W3 to correspond to the evaluation frame W1 on the basis of, for example, information of a disposition of the cameras 12A and 12B acquired in advance, depth information obtained through stereo matching of the left and right camera images, and the like. – ¶0130),
acquire a second evaluation value of the second optical system at the second focus detection position (ibid, ¶0130), and
move the first optical system and the second optical system based on the first evaluation value and the second evaluation value (¶0134).
SUGIE (US 20180045934 A1) fails to disclose, an image pickup apparatus attachable to and detachable from a lens apparatus.
Although apparently claimed limitations are potentially found in Murakami and Sugie, the references are not combinable, since they are architecturally completely different and application fields are different. E.g., Sugie’s device is a medical observation device having microscopic device (title), while Murakami discloses, interchangeable lens unit potentially used in VR googles (¶0018). Furthermore, Murakami uses single image sensor 111, while Sugies uses two image sensors 124A-B. Thus, focus evaluation values captured for two separate image sensors of Sugie cannot be used in a single image sensor based system of Murakami.
For similar reasons, regarding claim 13, although Sugie and Murakami apparently disclose all potential limitations disclosed therein, the references are not combinable for same/similar rationale provided above with respect to claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior and/or pertinent art(s) made of record and not relied upon is considered pertinent to applicant's disclosure, are – Takahashi (US 20140307072 A1), Imanishi (US 8743174 B2), SAKURABU (US 20130120374 A1), Song (US 8213786 B2), Pan (US 20110012998 A1), Kato (US 20060033990 A1) –who disclose dual channel optics based image capturing devices of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 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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/SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638
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