DETAILED ACTION
Claims 1-20 are pending for examination.
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 .
Priority
Acknowledgment is made of applicant's claim under US PRO 62/732718 filed on 9/18/2018.
Double Patenting
The non-statutory 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 time-wise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory 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, 140F.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 USPQ645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ761 (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 non-statutory 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)(l) - 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms.Thefiling date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AI A/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-l.jsp.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-5, 7-11, 21-25, 27, 29, 31, 32 of U.S. Patent No. 11,671,581. Although the claims at issue are not identical because the present invention is broader than the US Patent, where the US Patent claims a second image sensor and second frame timer, and the independent claims of the US Patent does not claim said sensor/timer.
However, they are not patentably distinct from each other because they both language teaching a frame timer coupled to the image sensor, the frame timer configured to cause the image sensor to: capture, using the first plurality of pixels, a first plurality of frames of pixel data at a first frame rate; and capture, using the second plurality of pixels, a second plurality of frames of pixel data at a second frame rate different than the first frame rate; a visible light color filter array comprising a plurality of individual visible light color filters; and an alternative light filter array comprising a plurality of individual alternative light filters, one individual alternative light filter of the plurality of individual alternative light filters covering both a first pixel of the first plurality of pixels and a second pixel of the second plurality of pixels; each of the plurality of individual visible light color filters covering a different pixel in the first plurality of pixels and the second plurality of pixels, the pixels covered by individual visible light color filters of the plurality of individual visible light color filters being different from pixels covered by the individual alternative light filters.
Allowable Subject Matter
Claims 1-20 would be allowable if a terminal disclaimer is filed to overcome the double patent rejection set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Brueckner, US 2018/0188427 A1
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/AMIR SHAHNAMI/ Primary Examiner, Art Unit 2483
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