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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`15/447,256
`
`03/02/2017
`
`MITSUYOSHI OKAMOTO
`
`PANDP0200US
`
`6330
`
`02/22/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SELBY’ GEVELL V
`1621 EUCLID AVENUE
`19TH FLOOR
`
`PAPER NUMBER
`
`CLEVELAND, OH 44115
`
`2664
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/22/2018
`
`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):
`
`ipdocket @rennerott0.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/447,256 OKAMOTO, MITSUYOSHI
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2664GEVELL SELBY $233
`
`-- 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 CFR 1.136(a).
`after SIX (6) 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)I:I Responsive to communication(s) filed on
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| 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)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_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 .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180215
`
`Disposition of Claims*
`5)|XI Claim(s) L5is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s L5 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 3/2_/17is/are: a)IXI 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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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)
`
`
`
`

`

`Application/Control Number: 15/447,256
`
`Art Unit: 2664
`
`Page 2
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Specification
`
`2.
`
`The title of the invention is not descriptive. A new title is required that is clearly
`
`indicative of the invention to which the claims are directed.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`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 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.
`
`4.
`
`The following is a quotation of the appropriate paragraphs of 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 —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in
`public use, on sale or otherwise available to the public before the effective filing
`date of the claimed invention.
`
`5.
`
`Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weng
`
`et al., US 2014/0198242.
`
`In regard to claim 1, Weng et al., US 2014/0198242, an imaging device
`
`comprising:
`
`

`

`Application/Control Number: 15/447,256
`
`Art Unit: 2664
`
`Page 3
`
`an optical system including a focus lens (see figure 1, element 13 and para
`
`27);
`
`an imaging unit (see figure 1, element 11) that images a subject image
`
`input via the optical system and generates an image signal (see para 25—27);
`
`an image processor (see figure 1, element 12) that executes a
`
`predetermined process on the image signal and generates image data (see para 25
`
`and 30);
`
`an operation unit (shutter button (not numbered) and display 14) that
`
`accepts a user operation (see para 29 and 35); and
`
`a controller (see figure 1, element 12) that controls the image processor,
`
`wherein the controller executes a search process for obtaining a focus
`
`distance in each of a plurality of predetermined regions of an image indicated by
`
`the image data While moving the focus lens in a predetermined drive range (see
`
`para 27 and 29—41: the lens is driven through a plurality of focal distances with a
`
`plurality of images captured and then the microprocessor 12 determines the focal
`
`distance that correspond a plurality of regions on the images),
`
`after the search process, records a moving image While moving the focus
`
`lens (see para 14: video or moving images are recorded after the search process in
`
`during the video recording process),
`
`extracts, as a still image, a frame image focused on a region specified by a
`
`user via the operation unit from a plurality of frame images forming recorded
`
`

`

`Application/Control Number: 15/447,256
`
`Art Unit: 2664
`
`Page 4
`
`moving image data (see para 38—41: the user selects a specific lattice area and the
`
`still image that has the maximum sharpness in that area is display), and
`
`before the search process, sets the predetermined drive range based on a
`
`range specified by the user via the operation unit (see para 27 and 29: the user
`
`selects driving the lens by the prescribed driving range by pressing the shutter
`
`button).
`
`In regard to claim 2, Weng et al., US 2014/0198242, the imaging device
`
`according to claim 1, wherein the operation unit is a touch panel that accepts a touch
`
`operation from the user while regarding a region on a displayed image as an input region,
`
`and the controller sets the predetermined drive range based on two points specified on the
`
`touch panel by the user (see para 35: the user selects the lattice region by touching the
`
`region on the display and the controller set the driving range based on the default lattice
`
`selected wherein the two points are any two corner of the lattice bounding box for that
`
`region).
`
`In regard to claim 3, Weng et al., US 2014/0198242, the imaging device
`
`according to claim 1, wherein the controller records the moving image while moving the
`
`focus lens in the predetermined drive range (see para 28: the video capture process used
`
`to capture images at the different focus distances).
`
`In regard to claim 4, Weng et al., US 2014/0198242, the imaging device
`
`according to claim 1, wherein the controller in the search process, generates a table where
`
`each of the plurality of predetermined regions and information are managed in
`
`association with each other, the information representing any of the plurality of frame
`
`

`

`Application/Control Number: 15/447,256
`
`Art Unit: 2664
`
`Page 5
`
`images focused on the predetermined region, and extracts the still image with reference to
`
`the table (see para 31 and 39—41: the microprocessor 12 calculates and stores sharpness
`
`values to each region of each image and focus distances for each images in a table to
`
`create sharpness value — focus distance distribution curves that it uses to select the
`
`clearest image).
`
`In regard to claim 5, Weng et al., US 2014/0198242, the imaging device
`
`according to claim 1, further comprising a release button with which the user instructs
`
`start of photographing operation, wherein, when the release button is half—pressed, the
`
`controller starts the search process, and when the release button is full—pressed, the
`
`controller starts a process for recording the moving image (see para 29).
`
`Conclusion
`
`6.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. US 2008/0239136, discloses an image sensor that acquires image data changing the
`
`focal length of the lens. US 7,502,556, discloses an imaging device with focal distance detection
`
`in a plurality of imaging regions. US 2014/0267825, discloses an imaging device that captures a
`
`plurality of images with focusing.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to GEVELL SELBY whose telephone number is (571)272—7369.
`
`The examiner can normally be reached on 8:00 A.M. — 5:30 PM (Wednesday mornings off).
`
`

`

`Application/Control Number: 15/447,256
`
`Art Unit: 2664
`
`Page 6
`
`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, Lin Ye can be reached on 571—272—7372. 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.
`
`gvs
`
`/GEVELL SELBY/
`
`Primary Examiner, Art Unit 2664
`
`

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