UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/604,760
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`05/25/2017
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`MITSUO ABE
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`PANDP0220US
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`5043
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`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
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`SMITHLINDAB
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`ART UNIT
`2852
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/19/2018
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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
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
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`Application No.
`15/604,760
`Examiner
`LINDA B SMITH
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`Applicant(s)
`ABE et al.
`Art Unit
`2852
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`AIA Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f 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).
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`Status
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`1). Responsive to communication(s) filed on 6/29/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] 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.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—2,5 and 8—9 is/are rejected.
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`Claim(s) 3—4 and 6-7 is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* 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
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`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10):] The specification is objected to by the Examiner.
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`11):] The drawing(s) filed on
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`is/are: a)C] accepted or b)E] objected to by the Examiner.
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`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).
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`Priority under 35 U.S.C. § 119
`12)C] 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)CI All
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`b)C] Some”
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`c)CI None of the:
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`1C]
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`Certified copies of the priority documents have been received.
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`2C]
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`Certified copies of the priority documents have been received in Application No.
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`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)).
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`** 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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`1)
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`Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181011
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`

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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 2
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`DETAILED ACTION
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`1.
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`2.
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`3.
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`The communication received on 6/29/18 has been entered into record.
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`Claims 1 and 3 have been amended.
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`Claims 1—9 are now pending.
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`Response to Arguments
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`Applicant’s arguments with respect to claim 1 has been considered but are moot because
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`the arguments do not apply to any of the references being used in the current rejection.
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`Claim Rejections - 35 US C § 102
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless i
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`(a)(l) 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.
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for
`patent published or deemed published under section 122(b), in which the patent or application, as the
`case may be, names another inventor and was effectively filed before the effective filing date of the
`claimed invention.
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`1.
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`Claim(s) l, 2, 5 and 9 is/are rejected under 35 USC. 102(a)(1)/(a)(2) as being
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`anticipated by Brown et al. (US PB. No. 2015/0279012).
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`2.
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`As to claim 1, Brown discloses an image processing apparatus, comprising:
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`an image processor (504) for combining data of a plurality of images to generate a
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`still image having a deeper depth of field (0016, 0018, 0026, 0030—0031, 0060—0062,
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`0064, Fig. 5, 0070),
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`wherein the plurality of images were generated by shooting an object image while
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`changing a focus position, such that each of the plurality of images is of the object image
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`

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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 3
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`and the focus position (i.e. focus rails) varies between the plurality of images (Figs. 2a—
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`2g, 4, 0027, 0030—0034, 0041, 0061—0062, 0064);
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`a display unit (30) for displaying a range designation screen for use in designating
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`a desired in—focus range by a user (0022, 0057, 0061, 0066),
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`wherein the range designation screen displays, an image represented by the data of
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`the images having a plurality of image areas (Figs. 2a—2g, 0066—0067);
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`an operation unit (40) for receiving from the user a designation of an image area in
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`the range designation screen (0023, 0027, 0030, 0035, Figs. 2a—2g, 0061—0063); and
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`a controller (i.e. computer processing) for controlling the image processor and the
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`display unit (0018),
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`wherein when a first and a second image area in the range designation screen are
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`designated by the user (0034, 0040—0041, 0044), the controller sets the first image area
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`and the second image area as a starting—point area (220) and an end—point area (222),
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`respectively (0033, 0039, Fig. 2c, 0040—0041, 0044);
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`the starting point area (220) is in focus in a particular image of the plurality of
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`images (0039, Fig. 2c);
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`the end—point area (222) is in focus in another image of the plurality of images
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`(Fig. 2c, 0039);
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`the controller (i.e. #80) specifies another image area (224) (0039, Fig. 2c, 0040);
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`the another image area (224) is in focus in an in—between image (Fig. 2c, 0039);
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`the in—between image has_a focus position located between a focus position of the
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`particular image and a focus position of the another image;
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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 4
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`the controller sets a combining range including the starting—point area, the end—
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`point area, and the specified another image area (0044, Fig. 2g); and
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`the display unit (30) performs a first display—highlighting on the image displayed
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`by the range designation screen of the image areas included in the combining range (Figs.
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`2a—2g, 0044);
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`image processor synthesizes the still image having a deeper depth of field by
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`combining the data of the images (0031, 0034, 0044),
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`wherein each of the images has the focus position in one of the starting—point area,
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`the end—point area, and the another image (0034, Figs. 2a—2g, 0037—0044).
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`As to claim 2, Brown discloses wherein each of the image areas is associated with
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`a focus position (i.e. #220, #222) of an object in the image area (0038—0040).
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`As to claim 5, Brown discloses wherein when at least one image area is designated
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`by the user (224, 237), the controller specifies a range of an inappropriate image area
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`(205, 227), based on the designated at least one image area, the inappropriate image area
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`being inappropriate as an image area to be designated next (Fig. 2c, 0039, 0042—0043,
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`Figs. 2e, 2f); and
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`the display unit performs a second display—highlighting on the specified range of
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`the inappropriate image area (205, 237) in the range designation screen (Figs. 2c, 26, 2f).
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`As to claim 9, Brown discloses an imaging apparatus, comprising:
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`an imaging unit (50) for capturing an object image, while changing a focus
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`position, to generate data of a plurality of images (Fig. 1, 0018); and
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`the image processing apparatus according to claim 1 (see claim 1 above),
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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 5
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`wherein the data, combined by the image processor, of the plurality of the images
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`are the data, generated by the imaging unit (50), of the plurality of the images (0018,
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`0024—0025 ).
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`Claim Rejections - 35 US C § 103
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`The following is a quotation of 35 USC. 103 which forms the basis for all obviousness
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`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, 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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`3.
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`Claim 8 is/are rejected under 35 USC. 103 as being unpatentable over Brown in view of
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`Komatsu '0999.
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`Although the teaching of Brown shows substantial features of the claimed invention
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`(discussed above), it fails to disclose:
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`wherein the operation unit is a touch panel for receiving either a touching operation or a
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`gestural operation, the touching operation and the gestural operation each being performed by the
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`user.
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`Komatsu discloses an image processing apparatus having:
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`wherein the operation unit (15) is a touch panel for receiving either a touching operation
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`or a gestural operation, the touching operation and the gestural operation each being performed
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`by the user (0074).
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`It would have been obvious to one of ordinary skill in the art at the filing of this application to
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`provide Brown with wherein the operation unit is a touch panel for receiving either a touching
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`operation or a gestural operation, the touching operation and the gestural operation each being
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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 6
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`performed by the user as disclosed by Komatsu to provide a tactile means for the user to select
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`the focus points on the display.
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`Allowable Subject Matter
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`1.
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`Claims 3—4, 6 and 7 are objected to as being dependent upon a rejected base claim, but
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`would be allowable if rewritten in independent form including all of the limitations of the base
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`claim and any intervening claims.
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`Prior Art Made of Record
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`1.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`a.
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`b.
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`Ito (US PB. No. 2017/0272658) discloses a photographing apparatus.
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`Kelley et al. (US Patent No. 9,449,234) discloses a displaying relative motion of
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`object in an image.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR l.l36(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`

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`Application/Control Number: 15/604,760
`Art Unit: 2852
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`Page 7
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to LINDA B SMITH whose telephone number is (571)270—3 827.
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`The examiner can normally be reached on Monday—Friday, 9:30am—6:30pm, EST.
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Clayton LaB alle 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.
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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