`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
`
`
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`14/880,732
`
`10/12/2015
`
`Kazuhiko Yamaguchi
`
`731156486
`
`7359
`
`Seed IP Law Group/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KWAN’ MATTHEW K
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`ART UNIT
`
`2482
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`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/17/2016
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 14/880,732 YAMAGUCHI ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`MATTHEW KWAN $2213 2482
`-- 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
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`Status
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`1)IZI Responsive to communication(s) filed on 24 May 2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`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
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-11 is/are pending in the application.
`5a) Of the above claim(s) 5-11 is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-4is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 12 October 2015 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`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
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`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.
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`Attachment(s)
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`
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`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
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160531
`
`

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`Application/Control Number: 14/880,732
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`Page 2
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`Art Unit: 2482
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`DETAILED ACTION
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Election/Restrictions
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`2.
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`Applicant’s election without traverse of species I, directed towards a video
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`recording button on a camera body and a specific configuration of a changeover switch
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`based on frequency of use, in the reply filed on 5/24/16 is acknowledged. The
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`amendments to claims 5, 10 and 11, dated 5/24/16 are accepted by the Examiner.
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`These amendments create a generic claim in claim 1. However, as discussed in the
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`interview dated 5/19/16, claims 5-11 are still withdrawn from further consideration
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`pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no
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`allowable generic or linking claim. As a result, claims 5-11 will be withdrawn from
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`consideration.
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`The requirement is deemed proper and is therefore made FINAL.
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`Claim Objections
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`3.
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`Claim 4 is objected to because of the following informalities: on lines 2—3,
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`it is
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`unclear how a mode connects to an external apparatus. As best understood by the
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`Examiner, “mode which can be connected” should be "mode in which the wearable
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`camera can be connected". Appropriate correction is required.
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`

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`Application/Control Number: 14/880,732
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`Page 3
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`Art Unit: 2482
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the prior art are such that the claimed invention as a whole
`would have been obvious before the effective filing date of the claimed invention to a person
`having ordinary skill in the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in which the invention was made.
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`5.
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`Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Williams et al. (U.S. 2013/0147973), hereinafter Williams in view of Juen et al. (U.S.
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`2003/0210898), hereinafter Juen.
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`Regarding claim 1, Williams discloses a wearable camera comprising:
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`a body ([0039] and fig. 4, #110); and
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`a mode changeover switch that is provided on a side of the body existing in the
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`area on the one side ([0039] and fig. 4, #111),
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`wherein the mode changeover switch includes an operating section which is
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`directly operated by an operator (fig. 4, #111), and a linear slot in which the operating
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`section moves ([0039] and fig. 4, #111), and
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`wherein a most-frequently-used mode having the highest frequency of use in
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`case of emergency is positioned on at least one end of the slot ([0039]).
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`Williams discloses another button on the wearable camera ([0030]). Williams
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`does not explicitly disclose a video recording button that is provided on a frontal face of
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`

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`Application/Control Number: 14/880,732
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`Page 4
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`Art Unit: 2482
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`the body in an area on one side having one center line on the frontal face as a
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`boundary.
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`However, Juen teaches a camera comprising:
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`a video recording button that is provided on a frontal face of the body in an area
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`on one side having one center line on the frontal face as a boundary (Juen [0239], fig.
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`24, #106).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify Williams’s wearable camera with the
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`missing limitations as taught by Juen to be able to start recording more easily (Juen
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`[0239D.
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`Regarding claim 2, Williams in view of Juen teaches the wearable camera of
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`claim 1, wherein the most-frequently-used mode is a mode for performing
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`communication with a portable electrical apparatus (Williams [0118] and fig. 4, #114).
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`6.
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`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Williams in
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`view of Juen as applied to claim 1 above, and further in view of Kim (U.S.
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`2008/0106610).
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`

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`Application/Control Number: 14/880,732
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`Page 5
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`Art Unit: 2482
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`Regarding claim 3, Williams in view of Juen discloses the wearable camera of
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`claim 1. Williams in view of Juen does not explicitly disclose a communication off mode
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`is positioned in the other end of the slot.
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`However, Kim teaches a wearable camera, wherein a communication off mode is
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`positioned in the other end of the slot (Kim [0072]).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify the wearable camera disclosed by Williams
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`in view of Juen with the missing limitations as taught by Kim to be able to selectively
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`save power by turning off the wireless portion of the camera (Kim [OO72]—[OO73]).
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`7.
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`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Williams in
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`view of Juen and Kim as applied to claim 3 above, and further in view of Kawasaki et al.
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`(U.S. 2002/0064384), hereinafter Kawasaki.
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`Regarding claim 4, Williams in view of Juen and Kim discloses the wearable
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`camera of claim 3. Williams in view of Juen and Kim does not explicitly teach a
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`wearable camera, wherein at least one external apparatus connection mode which can
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`be connected to an external apparatus is positioned between the one end and the other
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`end of the slot.
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`

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`Application/Control Number: 14/880,732
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`Page 6
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`Art Unit: 2482
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`However, Kawasaki teaches a wearable camera, wherein at least one external
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`apparatus (Kawasaki [0089]) connection mode which can be connected to an external
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`apparatus is positioned between the one end and the other end of the slot (Kawasaki
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`[0127D.
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify the wearable camera disclosed by Williams
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`in view of Juen and Kim with the missing limitations as taught by Kawasaki to save
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`space on the camera body by utilizing a multi-purpose sliding switch (Kawasaki [0127]).
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. Dunst et al. (U.S. 2013/0099918) discloses a sliding switch for
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`wireless communication. Philips et al. (U.S. 20140092299) discloses a wearable
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`camera with a sliding switch.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MATTHEW KWAN whose telephone number is
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`(571 )270-7073. The examiner can normally be reached on Monday-Thursday 7:30 am -
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`5 pm.
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`

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`Application/Control Number: 14/880,732
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`Page 7
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`Art Unit: 2482
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Christopher Kelley can be reached on (571 )272—7331. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/FARZANA HOSSAIN/
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`Primary Examiner, Art Unit 2482
`
`/M. K./
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`Examiner, Art Unit 2482
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`