`
`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
`
`
`
`
`
`15/604,760
`
`05/25/2017
`
`MITSUO ABE
`
`PANDPOZZOUS
`
`5043
`
`0109/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SMITH, LINDA B
`1621 EUCLID AVENUE
`19TH FLOOR
`
`PAPER NUMBER
`
`CLEVELAND, OH 44115
`
`2852
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/09/2018
`
`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.
` 15/604,760 ABE ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`StatusYes LINDA B. SMITH 2852
`
`-- 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)IXI Responsive to communication(s) filed on 5/25/17.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`a)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
`
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`; 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.
`
`Disposition of Claims*
`5)|XI Claim(s) Bis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s)_ is/are allowed.
`7)IZ| Claim(s) 1-Sand 7-9 is/are rejected.
`8)IXI Claim(s)_6is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* 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.
`
`
`‘3 , or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I 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 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 (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure 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 20180401
`
`

`

`Application/Control Number: 15/604,760
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`Page 2
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`Art Unit: 2852
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`DETAILED ACTION
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`1.
`
`Claims 1—9 are presented for examination.
`
`Priority
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`2.
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`Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)—(d), which papers
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`have been placed of record in the file.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`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.
`
`1.
`
`Claims 1—4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu
`
`(US PB. No. 2014/0210999) in View of Mizukami (US PB. No. 2015/0229830).
`
`2.
`
`As to claim 1, Komatsu discloses an image processing apparatus, comprising:
`
`an image processor (13) for combining data of a plurality of images to generate data of a
`
`still image deeper in depth of field (0071, 0073, Fig. 1),
`
`the plurality of the images that are generated by shooting an object image while changing
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`a focus position (0026, 0073, 0077);
`
`

`

`Application/Control Number: 15/604,760
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`Page 3
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`Art Unit: 2852
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`a display unit (16) for displaying a range designation screen for use in designating a
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`desired in—focus range by a user (0073, 0089, Figs. 4a—4d),
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`the range designation screen displaying, together with a plurality of image areas, an
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`image represented by the data of the images (item #132, 0073, Figs. 4a—4d, 0077, 0089);
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`an operation unit (15) for receiVing a designation, performed by the user, of an image
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`area in the range designation screen (0071, 0073—0074, 0089); and
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`a controller (12) for controlling the image processor and the display unit (0074, Fig. 1),
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`wherein when a first and a second image area in the range designation screen are
`
`designated by the user (0078, 0085, 0089, Figs. 4a—4d),
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`the controller sets the first and the second image area as a starting—point area and an end—
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`point area, respectively (0078—0079, 0085, 0089, 0092—0093);
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`the controller specifies another image area (i.e. intermediate) haVing a focus position
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`located between a focus position of an object in the starting—point area and a 20 focus position of
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`an object in the end—point area (0092-0094);
`
`the controller sets a combining range including the starting—point area, the end—point area,
`
`and the specified another image area (0092—0093, Figs. 3b, 4a—4d).
`
`As to claim 3, Komatsu discloses wherein when a third image area is further designated
`
`in the range designation screen by the user (0071, 0073—0074, 0089), a closest and a farthest
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`focus positions are specified from among focus positions associated with the first, second, and
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`third image areas (0071, 0073—0074, 0078—0079, 0085, 0089), the closest focus position being
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`closest to a nearest end, the farthest focus position being farthest from the nearest end (0071,
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`0073—0074, 0078—0079, 0085, 0089);
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`

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`Application/Control Number: 15/604,760
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`Page 4
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`Art Unit: 2852
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`the controller (12) sets, as another starting—point area, an image area 10 associated with
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`the closest focus position and sets, as another end—point area, an image area associated with the
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`farthest focus position (0092—0094, Figs. 4a—4d);
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`the controller specifies still—another image area haVing a focus position located between a
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`focus position of an object in the another starting—point area and a focus position of an object in
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`the another end—point area (0093);
`
`the controller resets the combining range such that the combining range includes the
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`another starting—point area, the another end—point area, and the specified still—another image area
`
`(0092—0093, Figs. 4a-4d).
`
`As to claim 4, Komatsu discloses herein, after the third image area has been designated,
`
`when any one of the first, second, and third image areas is re—designated by the user,
`
`the controller sets two image areas as still—another starting—point area and still—another end—point
`
`area, respectively, the two image areas being configured with the first, second, and third image
`
`areas, except for the any one image area re—designated (0081, 0089, 0092-0093, 0115); the
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`controller (12) further resets the reset combining range by using the two image areas (0092—0094,
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`Figs. 4a—4d).
`
`Komatsu does not disclose:
`
`the display unit performs a first display—highlighting on the image areas included in the
`
`combining range set in the range designation screen [claim 1]. the display unit performs the first
`
`display—highlighting on the image areas included in the reset combining range in the range
`
`designation screen [claim 3]. the display unit performs the first display highlighting on the image
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`areas included in the further—reset combining range in the range designation screen [claim 4].
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`

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`Application/Control Number: 15/604,760
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`Page 5
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`Art Unit: 2852
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`Mizukami discloses an information processing system having:
`
`the display unit performs a first display—highlighting (703 or 701) on the image areas
`
`included in the combining range set in the range designation screen [claim 1] (Fig. 11, 0100) to
`
`provide a means of clearly indicating the focus area that has been selected by the photographer.
`
`the display unit performs the first display—highlighting on the image areas included in the
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`reset combining range in the range designation screen [claim 3] (0100) to provide a means of
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`clearly indicating the new focus area that has been selected by the photographer.
`
`the display unit performs the first display highlighting on the image areas included in the
`
`further—reset combining range in the range designation screen [claim 4] (Fig. 11, 0100).
`
`It would have been obvious to one of ordinary skill in the art at the filing of this application to
`
`modify Komatsu with the display unit performs a first display—highlighting on the image areas
`
`included in the combining range set in the range designation screen as disclosed by Mizukami to
`
`provide a means of clearly indicating the updated focus area that has been selected by the
`
`photographer.
`
`As to claim 2, Komatsu discloses wherein each of the image areas is associated with a
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`focus position of an object in the image area (0092—0094).
`
`As to claim 8, Komatsu discloses wherein the operation unit (15) is a touch panel for
`
`receiving either a touching operation or a gestural operation, the touching operation and the
`
`gestural operation each being performed by the user (0074).
`
`1.
`
`Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu (US PB.
`
`No. 2014/0210999) in view of Mizukami (US PB. No. 2015/0229830).
`
`

`

`Application/Control Number: 15/604,760
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`Page 6
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`Art Unit: 2852
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`As to claim 5, Komatsu discloses wherein when at least one image area is designated by
`
`the user, the controller specifies a range of an inappropriate image area, based on the 10
`
`designated at least one image area, the inappropriate image area being inappropriate as an image
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`area to be designated next (0085, 0089).
`
`Although the teaching of Komatsu in view of Mizukami shows substantial features of the
`
`claimed invention (discussed above), it fail to disclose:
`
`the display unit performs a second display—highlighting on the specified range of the
`
`inappropriate image area in the range designation screen.
`
`It would have been obvious to one of ordinary skill in the art at the filing of this application to
`
`modify Komatsu in view of Mizukami with the display unit performs a second display—
`
`highlighting on the specified range of the inappropriate image area in the range designation
`
`screen, since it has been held that indicating any selected focusing area through highlighting
`
`would have been within the routine skill of one in the art.
`
`2.
`
`Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu (US PB.
`
`No. 2014/0210999) in view of Mizukami (US PB. No. 2015/0229830).
`
`Although the teaching of Komatsu in view of Mizukami shows substantial features of the
`
`claimed invention (discussed above), it fail to disclose:
`
`wherein the second display—highlighting performed on the specified range of
`
`the inappropriate image area is different from the first display—highlighting performed on the
`
`combining range.
`
`It would have been obvious to one of ordinary skill in the art at the filing of this application to
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`modify Komatsu in view of Mizukami with wherein the second display—highlighting performed
`
`

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`Application/Control Number: 15/604,760
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`Page 7
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`Art Unit: 2852
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`on the specified range of the inappropriate image area is different from the first display—
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`highlighting performed on the combining range, since it has been held that the different
`
`highlighting can be easily programmed into the image processor Without operator input and is
`
`Within routine skill of one in the art to program the image processor to do so.
`
`3.
`
`Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu (US PB.
`
`No. 2014/0210999) in View of Mizukami (US PB. No. 2015/0229830).
`
`4.
`
`As to claim 9, Komatsu discloses an imaging apparatus, comprising:
`
`an imaging unit for capturing an object image, While changing a focus position, to
`
`generate data of a plurality of images (Fig. 1); and wherein the data, combined by the image
`
`processor, of the plurality of the images are the data, generated by the imaging unit, of the
`
`plurality of the images (0029, 0073).
`
`an image processor (13) for combining data of a plurality of images to generate data of a
`
`still image deeper in depth of field (0071, 0073, Fig. 1),
`
`the plurality of the images that are generated by shooting an object image While changing
`
`a focus position (0026, 0073, 0077);
`
`a display unit (16) for displaying a range designation screen for use in designating a
`
`desired in—focus range by a user (0073, 0089, Figs. 4a—4d),
`
`the range designation screen displaying, together with a plurality of image areas, an
`
`image represented by the data of the images (item #132, 0073, Figs. 4a—4d, 0077, 0089);
`
`an operation unit (15) for receiVing a designation, performed by the user, of an image
`
`area in the range designation screen (0071, 0073—0074, 0089); and
`
`a controller (12) for controlling the image processor and the display unit (0074, Fig. 1),
`
`

`

`Application/Control Number: 15/604,760
`
`Page 8
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`Art Unit: 2852
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`wherein when a first and a second image area in the range designation screen are
`
`designated by the user (0078, 0085, 0089, Figs. 4a—4d),
`
`the controller sets the first and the second image area as a starting—point area and an end—
`
`point area, respectively (0078—0079, 0085, 0089, 0092—0093);
`
`the controller specifies another image area (i.e. intermediate) haVing a focus position
`
`located between a focus position of an object in the starting—point area and a 20 focus position of
`
`an object in the end—point area (0092-0094);
`
`the controller sets a combining range including the starting—point area, the end—point area,
`
`and the specified another image area (0092—0093, Figs. 3b, 4a—4d).
`
`Komatsu does not disclose:
`
`the display unit performs a first display—highlighting on the image areas included in the
`
`combining range set in the range designation screen.
`
`Mizukami discloses an information processing system haVing:
`
`the display unit performs a first display—highlighting (703 or 701) on the image areas
`
`included in the combining range set in the range designation screen (Fig. 11, 0100).
`
`It would have been obVious to one of ordinary skill in the art at the filing of this application to
`
`modify Komatsu with the display unit performs a first display—highlighting on the image areas
`
`included in the combining range set in the range designation screen as disclosed by Mizukami to
`
`provide a means of clearly indicating the focus area that has been selected by the photographer.
`
`

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`Application/Control Number: 15/604,760
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`Page 9
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`Art Unit: 2852
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`Allowable Subject Matter
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`1.
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`Claim 6 is objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form including all of the limitations of the base claim and
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`any intervening claims.
`
`Prior Art Made of Record
`
`1.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure.
`
`a.
`
`b.
`
`c.
`
`Abe (US PB. No. 2017/0244883) discloses an imaging apparatus.
`
`Onozawa (US PB. No. 2003/0174233) discloses a photographic apparatus.
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`Onozawa (US PB. No. 2006/0029381) discloses a camera deVice.
`
`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to LINDA B. SMITH Whose telephone number is (571)270—3827.
`
`The examiner can normally be reached on Monday through Friday 9:00AM—6z30PM EST..
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Clayton Laballe can be reached on (571) 272—1594. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
`
`