DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Priority
2. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 03/15/2013. It is noted, however, that applicant has not filed a certified copy of the JP2013-054441 application as required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 08/12/2025 is in compliance with the provisions of 37 CFR 1.97 and was considered by the examiner.
Double Patenting
4. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
5. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 10,237,457.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are both claiming substantially the same features.
Note the following similarities between the application claims and the patent claims.
Instant Application 19/297,734
US Patent 10,237,457
Claim 1
An imaging device comprising:
an imaging element;
a member to be secured to the imaging element;
an exterior portion to cover at least a portion of the member; and
a mount configured to be attachable to an interchangeable lens, the member and the exterior portion while secured to the mount.
Claim 1
A light receiving apparatus comprising:
a first light receiving unit;
a body, the first light receiving unit being secured to the body;
a first exterior portion covering at least a portion of the body; and
a mount configured to be attachable to an interchangeable lens, the body and the first exterior portion being secured to the mount,
wherein at least a portion of the body, at least a portion of the first exterior portion, and at least a portion of the mount are secured at a location where the portion of the body, the portion of the first exterior portion, and the portion of the mount overlap with each other in a direction of an optical axis of the first light receiving unit.
Claim 1
An imaging device comprising:
an imaging element;
a member being secured to the imaging element;
an exterior portion covering at least a portion of the member; and
a mount configured to be attachable to an interchangeable lens, the member and the exterior portion being secured to the mount.
Claim 2
A light receiving apparatus comprising:
a body to which a light receiving unit is secured; and
a first exterior portion covering at least a portion of the body;
wherein at least a portion of the body and at least a portion of the first exterior portion are secured to a mount, at a location where the portion of the body and the portion of the first exterior portion overlap with each other in a direction of an optical axis of the light receiving unit, the mount being configured to be attachable to an interchangeable lens, and
a force placed on the first exterior portion is absorbed by the mount, such that transfer of the force placed on the first exterior portion to the body is reduced.
Since claim 1 in the instant application is a broader recitation of claims 1-2 in US Patent No. 10,237,457; then it would have been obvious to modify claims 1-2 in US Patent No. 10,237,457 to get claim 1 in the instant application for the purpose of simplifying the structure of the imaging device.
6. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,550,206.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are both claiming substantially the same features.
Note the following similarities between the application claims and the patent claims.
Instant Application No. 19/297,734
US Patent 11,550,206
Claim 1
An imaging device comprising:
an imaging element;
a member to be secured to the imaging element;
an exterior portion to cover at least a portion of the member; and a mount configured to be attachable to an interchangeable lens, the member and the exterior portion while secured to the mount.
Claim 1
An imaging device comprising:
an imaging element;
a first member to which the imaging element is secured;
a mount to which an interchangeable lens is detachably mounted, the mount being in a ring shape in a length of the mount in a direction of an optical axis of the imaging device; and
a second member covering at least a portion of the first member, the first member and the mount each being secured to the second member; and
a third member connected to the second member and covering at least a portion of the first member in a non-contact manner with the first member,
wherein an end surface of the mount facing the second member is in a ring shape, and at least a part of the end surface abuts a surface of the second member to be secured to the surface, the surface being perpendicular to the direction of the optical axis of the imaging device, and
wherein the second member forms at least a part of a grip for a user to hold the imaging device.
Since claim 1 in the instant application is a broader recitation of claim 1 in US Patent No. 11,550,206; then it would have been obvious to modify claim 1 in US Patent No. 11,550,206 to get claim 1 in the instant application for the purpose of simplifying the structure of the imaging device.
Claim Rejections - 35 USC § 102
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
8. The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
9. Claim 1 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Mayumi (US-PGPUB 2009/0136228).
Regarding claim 1, Mayumi discloses an imaging device (see figs. 1-2) comprising:
an imaging element (CCD 64; see fig. 2 and paragraph 0066);
a member (Supporting plate 66; see fig. 2) to be secured to the imaging element (CCD 64 is attached to supporting plate 66; see fig. 2 and paragraph 0066);
an exterior portion (Cover body 12; see figs. 1-2) to cover at least a portion of the member (Cover body 12 covers a portion of plate 66; see fig. 2), and
a mount (Mount 70; see fig. 2) configured to be attachable to an interchangeable lens (The lens unit 60 is attached to the lens ring 70; see fig. 2 and paragraph 0065), the member and the exterior portion while secured to the mount (Plate 66 is attached to mount 70 through portions 68, pins 74 and screws 72; see fig. 2 and paragraphs 0065, 0070. Cover body 12 is secured to Mount 70 through attachment holes 22, pins 74 and screws 72; see fig. 2 and paragraphs 0065-0070).
10. Claim 1 is rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Chamberlain et al. (US Patent 5,221,964).
Regarding claim 1, Chamberlain discloses an imaging device (Camera; see figs. 1-2 and col. 1, lines 28-43; col. 3, lines 40-48) comprising:
an imaging element (Image sensor 17; see col. 3, lines 55-61 and fig. 2);
a member (Driver board means 13 having a second plate means with a front 20 and a back 23; see col. 4, lines 39-68; figs. 2, 5-7) to be secured to the imaging element (The image sensor 17 is mounted from the front 20 of the second plate through milled slots 21 in the second plate and held in place by means of imager clamp 17a by connectors such as screws; see figs. 2, 5 and col. 4, lines 41-44);
an exterior portion to cover at least a portion of the member (Casing 10 covering the camera components; see figs. 1-2 and col. 3, lines 40-48); and
a mount (Front plate 11; see figs. 1-2 and col. 3, lines 40-48) configured to be attachable to an interchangeable lens (The front plate 11 has a hole 14 therein to removably receive an optical device; such as a lens 15 and various adapters can be connected to the hole 14 to allow different optical devices to be attached to the camera; see col. 3, lines 49-54), the member (The second plate means 20 mounts directly on to the front plate 11 of the camera. Plate 20 is connected to plate 11 by using high precision tooling fixtures; see col. 4, lines 57-58; col. 5, lines 1-23 and figs. 2-7, 16) and the exterior portion while secured to the mount (The front plate 11 is secured to the casing 10 by way of a plurality of threaded holes 16; see figs. 1-4 and col. 3, lines 53-54).
Claim Rejections - 35 USC § 102
11. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
12. The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
13. Claim 1 is rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Tobinaga et al. (US-PGPUB 2012/0314119).
Regarding claim 1, Tobinaga discloses an imaging device (see figs. 1-3) comprising:
an imaging element (Imaging unit comprising elements 12, 13, 14, 8-9; see fig. 3 and paragraph 0039);
a member (Mainframe 18; see fig. 3) to be secured to the imaging element (Elements 12-14, 8-9 are connected and supported by mainframe 18; see fig. 3 and paragraph 0042);
an exterior portion (Body housing 3; see fig. 3) to cover at least a portion of the member (Housing 3 covering the camera components; see fig. 3); and
a mount (Body mount 4; see fig. 3 and paragraph 0043) configured to be attachable to an interchangeable lens (Body mount 4 is a component for mounting the interchangeable lens unit 2 on the camera body 1, and is electrically and mechanically connected to a lens mount 21 of the interchangeable lens unit 2; see fig. 3 and paragraph 0043), the member (The mainframe 18, which is made of metal and is arranged in the main body housing 3, connects the body mount 4 and the terminal support part 4a, and supports the interchangeable lens unit 2 via the body mount 4; see paragraph 0042) and the exterior portion while secured to the mount (The body mount 4 includes the body mount ring 4b, which has a ring shape and is made of metal, attached to the front surface of the main body housing 3; see fig. 3 and paragraph 0043).
14. Claim 1 is rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Shintani (US-PGPUB 2012/0182469).
Regarding claim 1, Shintani discloses an imaging device (see fig. 2) comprising:
an imaging element (CMOS image sensor unit 21 comprising elements 113, 112, 111, 110, 114 and 115; see fig. 2 and paragraph 0037);
a member (Chassis 12; see fig. 2) to be secured to the imaging element (A chassis 12 (an example of a base member) supports the body mount 150, the shutter unit 190, and the CMOS image sensor unit 21; see fig. 2 and paragraph 0038);
an exterior portion (Housing 10, see fig. 2) to cover at least a portion of the member (Housing 10 covering camera components, including chassis 12; see fig. 2 and paragraph 0026); and
a mount (Body mount 150; see fig. 2) configured to be attachable to an interchangeable lens (Body mount 150 holds a removal lens unit by bayonet coupling; see fig. 2 and paragraph 0033), the member (The body mount 150, the shutter unit 190, and the CMOS image sensor unit 21 are screwed to the chassis 12; see fig. 2 and paragraph 0038) and the exterior portion while secured to the mount (The body mount 150 is attached to housing 10; see fig. 2 and paragraph 0026).
Citation of Pertinent Art
15. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Hsieh et al. (US-PGPUB 20110242408) discloses the circuit board 30 includes an image sensor 32. When the image sensor 32 is a CCD image sensor, the bezel 10 and the extending ring 20 can be secured to each other by fasteners 28 each running through one threaded hole 26. The circuit board 30 and the bezel 10 can be secured to each other by fasteners 36 each running through one through hole 34 and a threaded hole of the bezel 10.
Contact Information
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA CALDERON whose telephone number is (571)270-3580. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TWYLER HASKINS can be reached at (571)272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA CALDERON/Primary Examiner, Art Unit 2639 09/09/2026
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