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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`16/150,062
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`10/02/2018
`
`Koji HASHIGAMI
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`AOYAP0198US
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`1008
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOIS SELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
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`SEGURA~ CYNTHIA
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`ART UNIT
`2698
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/07/2019
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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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`0/7709 A0170” Summary
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`Application No.
`16/150,062
`Examiner
`CYNTHIA SEGU RA
`
`Applicant(s)
`HASHIGAMI et al.
`Art Unit
`AIA (FITF) Status
`2698
`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 10/2/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`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) fl is/are rejected.
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`[:1 Claim(s) _ 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
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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.jsp 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 10/2/2018 is/are: a). 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). 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). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] 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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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20190719
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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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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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`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
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`papers have been placed of record in the file.
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`Information Disclosure Statement
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`3.
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`The information disclosure statement (IDS) submitted on 10/02/2018 is in
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`compliance with the provisions of 37 CFR 1.97 and was considered by the examiner.
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`Specification
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`4.
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`The title of the invention is not descriptive. A new title is required that is clearly
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`indicative of the invention to which the claims are directed.
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`Claim Rejections - 35 USC § 102
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`5.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 3
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the 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 —
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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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`7.
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`Claims 1-3 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
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`Nashizawa (US-PGPUB 2017/0171446).
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`Regarding claim 1, Nashizawa discloses an imaging apparatus having an auto
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`exposure function for automatically setting exposure (An image capturing apparatus;
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`see figs. 1-2 and paragraphs 0030-0031, 0035), the imaging apparatus comprising:
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`an imager to shoot a subject with exposure set and to generate image data (An
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`image sensor 10; see figs. 1-2 and paragraph 0032);
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`an operator to set an exposure correction value to correct the exposure set by
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`the auto exposure function (A mechanical shutter 11 provided near the front of the
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`image sensor 10 controls exposure timing and an exposure time of the image sensor
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`10; see paragraph 0032) and a continuous shooting mode including a first continuous
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`shooting mode (At 8402, when changing over to a moving image recording mode is
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`instructed by a switch included in the operation unit 23; see fig. 4 and paragraph 0042)
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`and a second continuous shooting mode (At 8405, a changeover to a HDF.’ moving
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`image capturing mode by a switch included in the operation unit 23, see fig. 4 and
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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 4
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`paragraph 0051) in which continuous shooting is performed at a higher speed than in
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`the first continuous shooting mode (When HDR moving image capturing is performed
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`allowing high-speed reading, by which image capturing is able to be performed at 90
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`frames per second (90 fps); see paragraph 0006); and
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`a controller (A control unit 21 ; see fig. 2 and paragraphs 0035, 0040) configured
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`to perform auto exposure control to implement the auto exposure function (At
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`8407 and 8408, the control unit 21 initializes a frame number i to a first frame, and
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`starts recording of a moving image at timing when the initial standard exposure,
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`underexposure, and overexposure are determined; see fig. 4 and paragraph 0057),
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`to determine whether the exposure correction value is within a predetermined
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`range when the second continuous shooting mode is set in the operator (At 8409 and
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`8413; check if i = m * k or i: m *(k+1); see fig. 4 and paragraph 0058),
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`to perform the auto exposure control during continuous shooting operation in the
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`second continuous shooting mode (Performed exposure control at 8412, 8416; see fig.
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`4) when determined that the exposure correction value is within the predetermined
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`range (If YES at 8409 and 8413, then the control unit 21 updates the exposure
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`conditions of the underexposure image capturing and the overexposure image capturing
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`in accordance with the virtual standard exposure condition; see fig. 4 and paragraphs
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`0059, 0060), and
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`not to perform the auto exposure control during the continuous shooting
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`operation in the second continuous shooting mode when determined that the exposure
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`correction value is not within the predetermined range (If NO at 8409 and 8413, then
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`not to update the exposure conditions; see fig. 4).
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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 5
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`Regarding claim 2, Nashizawa discloses everything claimed as applied above
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`(see claim 1). In addition, Nashizawa discloses in the second continuous shooting
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`mode, the controller is configured to set the exposure for capturing an (N+1)-th image
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`based on the image data of an N-th image in the continuous shooting (The control unit
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`21 performs processing for increasing a correction gain of an image captured with
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`underexposure so that the image has standard exposure (first reference exposure). For
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`the standard exposure condition in this case, the exposure condition calculated in the
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`current frame, is the virtual standard exposure condition calculated in a previous period
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`(m frames before) is used; see paragraphs 0061 -0062).
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`Regarding claim 3, Nashizawa discloses everything claimed as applied above
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`(see claim 2). In addition, Nashizawa discloses in the first continuous shooting mode, a
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`photometric image and a recording image are each captured for the N-th image in the
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`continuous shooting, and the controller is configured to set the exposure for capturing
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`the recording image for the N-th image based on the image data of the photometric
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`image for the N-th image (At 8403, the control unit 21 performs initial standard
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`exposure. The standard exposure condition in the present exemplary embodiment is an
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`exposure condition under which luminance of the subject in a captured image is target
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`luminance; see paragraph 0043. Unit 21 periodically acquires a signal for photometry
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`from the image sensor 10 during the live-view. Specifically, the control unit 21 uses one
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`frame of the live-view image as the image signal for photometry. The control unit 21
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`performs A/D conversion for the image signal for photometry acquired from the image
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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 6
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`sensor 10, and then stores the resulting signal in the RAM. The luminance information
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`for each block is able to be obtained by averaging luminance values of all pixels in the
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`block. An exposure condition is determined with reference to a program diagram that
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`has been designed in advance on the basis of the control value corresponding to the
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`EV; see paragraphs 0044-0049).
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`Contact Information
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`8.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to CYNTHIA SEGURA whose telephone number is
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`(571)270-3580. The examiner can normally be reached on Monday - Friday; 9:00am to
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`6:00pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at 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, Twyler L Haskins can be reached on (571 )272—7406. 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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`

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`Application/Control Number: 16/150,062
`Art Unit: 2698
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`Page 7
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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 -272-1 000.
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`/CYNTHIA SEGURA/
`
`Primary Examiner, Art Unit 2698
`08/03/2019
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`