`
`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.
`
`13/821,584
`
`03/08/2013
`
`Katsushi Sumisaki
`
`MAT—10585US
`
`8732
`
`EXAMINER
`RATNERPRESTIA —
`04’2”“ —
`7590
`52473
`PO. BOX 980
`FLOHRE, JASONA
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2661
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`04/29/2014
`
`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.
` 13/821,584 SUMISAKI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`JASON FLOHRE 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 3/8/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l 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) L6is/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)_1-3and6is/are rejected.
`
`8)|Z| Claim(s) 4 and 5 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
`
`
`
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`h/index.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)IXI The drawing(s) filed on 3/8/2013 is/are: a)lX| accepted or b)I:I 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) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 3/8/2013.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140418
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 2
`
`Art Unit: 2661
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`|.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 102
`
`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.
`
`ll.
`
`Claims 1-3 and 6 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated
`
`by Pertsel (United States Patent Application Publication 2010/0225797).
`
`1.
`
`Regarding claim 1, Pertsel discloses an image pickup apparatus comprising:
`
`an image pickup element for imaging a subject (figure 1 exhibits image sensor 35 as
`
`disclosed at paragraph 22); and an image forming section for forming image data based
`
`on image-pickup data acquired from the image pickup element (figure 1 exhibits video
`
`signal processor 43 as disclosed at paragraph 23), the image pickup apparatus having:
`
`a first image-pickup mode of acquiring first image-pickup data in a non-emission state of
`
`light from an illuminating section to the subject (figure 3 exhibits step 900 in which a first
`
`image is captured without illumination as disclosed at paragraph 36); and a second
`
`image-pickup mode of acquiring second image-pickup data in an emission state of light
`
`from the illuminating section to the subject (figure 3 exhibits step 910 in which an image
`
`is captured with illumination as disclosed at paragraph 36), wherein the image forming
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 3
`
`Art Unit: 2661
`
`section forms the image data by using multiplication data as a correction value for the
`
`second image-pickup data, the multiplication data being acquired by multiplying
`
`differential data calculated based on the first image-pickup data and the second image-
`
`pickup data by light-distribution correction data for smoothing a light distribution
`
`characteristic of the illuminating section (figure 6 exhibits step 1210 in which in which
`
`data lC which is difference data of the image with flash and the image without flash as
`
`disclosed at paragraphs 53 and 38; the difference data IC is multiplied by correction
`
`value ICR which adjusts the uneven illumination compensation as disclosed at
`
`paragraph 52. Therefore, lC*lCR is the multiplication data. Finally as exhibited in step
`
`1230 in figure 6 the multiplication data is added to the uncorrected data T to create final
`
`image corrected data CT as disclosed at paragraphs 52 and 53).
`
`2.
`
`Regarding claim 2, Pertsel discloses everything claimed as applied above
`
`(see claim 1), in addition, Pertsel discloses wherein the image forming section acquires
`
`the second image-pickup data after acquired the first image-pickup data (paragraph 36
`
`teaches that the flash image can be captured in step 910 after the non-flash image in
`
`step 900).
`
`3.
`
`Regarding claim 3, Pertsel discloses everything claimed as applied above
`
`(see claim 1), in addition, Pertsel discloses wherein the image forming section acquires
`
`the first image-pickup data after acquired the second image-pickup data (paragraph 36
`
`teaches that the non-flash image can be captured in step 910 after the flash image in
`
`step 900).
`
`

`

`Application/Control Number: 13/821,584
`
`Page 4
`
`Art Unit: 2661
`
`4.
`
`Claim 6, a method, corresponds to and is analyzed the same as the
`
`apparatus of claim 1.
`
`Allowable Subject Matter
`
`lll.
`
`Claims 4 and 5 are objected to as being dependent upon a rejected base claim,
`
`but would be allowable if rewritten in independent form including all of the limitations of
`
`the base claim and any intervening claims.
`
`Citation of Pertinent Art
`
`IV.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`5.
`
`Uchino et al. (United States Patent 7,002,624) teaches obtaining a final image
`
`based on a differential image of a flash image and an ambient light image.
`
`6.
`
`Majewicz et al. (United States Patent Application Publication 2012/0206628)
`
`teaches determining a flash on light value based on a difference between a flash image
`
`and an ambient light image.
`
`7.
`
`Manabe (United States Patent Application Publication 2012/0044379)
`
`teaches applying a smoothing process to an image captured with flash.
`
`8.
`
`Ohwa et al. (United States Patent Application Publication 2010/0289929)
`
`teaches applying a flash distribution correction to an image.
`
`9.
`
`Ajito (United States Patent Application Publication 2010/0201840) teaches
`
`determining a white balance correction based on a difference between a flash image
`
`and an ambient light image.
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 5
`
`Art Unit: 2661
`
`10. Wernersson (United States Patent Application Publication 2008/0106636)
`
`teaches determining an exposure setting based on a difference between a flash image
`
`and an ambient light image.
`
`11.
`
`Baron (United States Patent Application Publication 2005/0094895) teaches a
`
`method for removing flash artifacts from an image.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JASON FLOH RE whose telephone number is (571 )270-
`
`7238. The examiner can normally be reached on Monday to Thursday 8:00 AM to 3:00
`
`PM EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Sinh Tran can be reached on 517-272—7564. 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.
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 6
`
`Art Unit: 2661
`
`MASON FLOHRE/
`
`Examiner, Art Unit 2661
`
`