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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/514,421
`
`06/07/2012
`
`Katsushi Sumisaki
`
`MAT—10566US
`
`4333
`
`EXAMINER
`RATNERPRESTIA —
`12/23/2013 —
`7590
`52473
`PO. BOX 980
`WU, ZHENZHEN
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2661
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`12/23/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/514,421 SUMISAKI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`ZHENZHEN WU its“ 2661
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 11/12/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) fl is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-4is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/'/\WIIW.USOI.O. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 06/07/2012 is/are: a)IXI accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20131215
`
`

`

`Application/Control Number: 13/514,421
`
`Page 2
`
`Art Unit: 2661
`
`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Response to Arguments
`
`2.
`
`Applicant’s arguments, see amendment, filed on 11/12/2013, with respect to the
`
`rejection(s) of claim(s) 1 under 102(b) have been fully considered and are persuasive.
`
`Therefore, the rejection has been withdrawn. However, upon further consideration, a
`
`new ground(s) of rejection is made in view of Matsumoto (US 2005/0104993 A1 ).
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`4.
`
`Claims 1-4 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable
`
`over Matsumoto (US 2005/0104993 A1) in view of Feng et al. (US 2006/0165399 A1 ).
`
`As to claim 1, Matsumoto discloses an imaging device (camera in Fig.4)
`
`comprising:
`
`

`

`Application/Control Number: 13/514,421
`
`Page 3
`
`Art Unit: 2661
`
`a light emitting unit ([0083]; light emitting device such as a LED) for emitting light
`
`toward a photographic subject ([0083]; light emitting device emits an auxiliary light to the
`
`object);
`
`a lens (Fig.2; lens section 11) movable in a movement region corresponding to a
`
`focus region ([0061]);
`
`an imaging element for receiving light through the lens (Fig.2; image pickup
`
`device 19); and
`
`a lens control unit (Fig.4; lens CPU (LCPU) 50) for acquiring imaging data
`
`photoreceived by the imaging element and controlling a position of the lens ([0074]),
`
`wherein the lens control unit moves the lens in order to acquire the imaging data
`
`for each field of the focus region ([0074]; LCPU 50 controls the lens driving circuit 55 to
`
`drive the focusing lens 12), and the imaging device further includes a light emission
`
`control unit (Fig.1; auxiliary light emission possible/impossible determining section 3) for
`
`changing an amount of light emitted from the light emitting unit according to a focus
`
`position of the lens in each field during the movement of the lens by the lens control unit
`
`(Fig.8; [0108-0118]; the auxiliary light emission determination process determines
`
`whether or not to emit auxiliary light based on the AF information).
`
`Matsumoto fails to disclose the lens control unit moves the lens in a stepwise
`
`manner.
`
`However, Feng et al. teaches a lens control unit moves the lens in a stepwise
`
`manner ([0020]; the focus motor is a step motor, which can drive the lens moving at
`
`steps).
`
`

`

`Application/Control Number: 13/514,421
`
`Page 4
`
`Art Unit: 2661
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at
`
`the time the invention was made to modify Matsumoto with the teaching of Feng et al. to
`
`incorporate a step motor for driving the lens in a stepwise manner, so as to provide
`
`more precise focusing adjustment, as well as to make the lens structure more compact.
`
`As to claim 2, the combination of Matsumoto in view of Feng et al. discloses the
`
`imaging device of claim 1; Matsumoto further discloses wherein the lens control unit
`
`controls a position of the lens so that a focus position of the lens moves from a near
`
`point toward a far point (it is inherent that the lens can be moved bi-directionally, and
`
`the focus position of the lens would be moved accordingly; therefore, it includes the
`
`situation that the focus position moves from a near point toward a far).
`
`As to claim 3, the combination of Matsumoto in view of Feng et al. discloses a
`
`mobile apparatus including the imaging device of claim 1 (the camera shown in Fig.2
`
`corresponds to he claimed mobile apparatus).
`
`As to claim 4, the combination of Matsumoto in view of Feng et al. discloses a
`
`mobile apparatus including the imaging device of claim 2 (the camera shown in Fig.2
`
`corresponds to he claimed mobile apparatus).
`
`

`

`Application/Control Number: 13/514,421
`
`Page 5
`
`Art Unit: 2661
`
`Conclusion
`
`5.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Yasuda (US 2004/0095504 A1) discloses an automatic focus adjustment device
`
`and method using auxiliary light (See Figs.8 and 9).
`
`6.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ZHENZHEN WU whose telephone number is (571 )272—
`
`

`

`Application/Control Number: 13/514,421
`
`Page 6
`
`Art Unit: 2661
`
`2519. The examiner can normally be reached on Monday through Friday 8:00am to
`
`5:00pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`primary examiner, Tuan Ho can be reached on 571 -272-7365. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786—9199 (IN USA OR CANADA) or 571-272-1000.
`
`/TUAN HO/
`
`Primary Examiner, Art Unit 2661
`
`/Z. W./
`
`Examiner, Art Unit 2661
`
`

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