www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/911,464
`
`06/25/2020
`
`Koji SHIBUNO
`
`AOYA22PUSO01
`
`8030
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`NGUYEN, LUONG TRUNG
`
`2698
`
`01/06/2022
`
`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 @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-5 and 7-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-5 and 7-9 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220101
`
`Application No.
`Applicant(s)
`16/911,464
`SHIBUNO, Koji
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUONG T NGUYEN
`2698
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 12/14/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
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`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 12/14/2021 has been entered.
`
`Terminal Disclaimer
`
`3.
`
`The terminal disclaimer filed on 12/14/2021 disclaiming the terminal portion of any patent
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`granted on this application which would extend beyond the expiration date of the full statutory term of
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`any patent granted on co-pending U.S. application No. 16/911,496filed on 06/25/2020 has been
`
`reviewed and is accepted. The terminal disclaimer has been recorded.
`
`Information Disclosure Statement
`
`4.
`
`The information disclosure statements (IDS) submitted on 10/08/2021 areis in compliance with
`
`the provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis being considered by
`
`the examiner.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 3
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`Response to Arguments
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`5.
`
`Applicant’s arguments with respect to claims 1-5, 7-9 filed on 12/14/2021 have been considered
`
`but are moot because the new ground ofrejection doesnot rely on any reference applied in the prior
`
`rejection of record for any teaching or matter specifically challenged in the argument.
`
`6.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`Claim Rejections - 35 USC § 112
`
`(a) IN GENERAL.—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in suchfull, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with whichit is most nearly connected, to
`makeand use the same,and shall set forth the best mode contemplated by the inventor or joint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AlA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with whichit is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`7.
`
`Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first paragraph, as failing to
`
`comply with the written description requirement. The claim(s) contains subject matter which was not
`
`described in the specification in such a way as to reasonably conveyto one skilled in the relevant art
`
`that the inventor or a joint inventor, or for applications subject to pre-AlA 35 U.S.C. 112, the inventor(s),
`
`at the time the application was filed, had possession of the claimed invention.
`
`Claim 8 amended with newly addedlimitation “with skipping addition of the evaluation value
`
`within the shift width in the displayed graph,” which was not described in the specification in such a way
`
`as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for
`
`applications subject to pre-AlA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had
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`possession of the claimed invention.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 4
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`The specification does not have the support to describe the newly addedlimitation “with
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`skipping addition of the evaluation value within the shift width in the displayed graph.”
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`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-AlA 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 ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under eitherstatus.
`
`9.
`
`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,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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`10.
`
`Claims 1-4, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner etal. (US
`
`9,477,138) in view of Onozawa (US 7,324,151) further in view of ITO (US 2017/0347017).
`
`Regarding claim 1, Bruneretal. discloses an imaging apparatus, comprising:
`
`an imager(image sensor 205, figures 2A-2C, 14, column 3, lines 45-67; column 8, lines 37-67)
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`configured to capture a subject image formed via an optical system (lens assembly 215, figures 2A-2C,
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`14, column 3, lines 45-67; column 8, lines 37-67) including a focus lens (focus lens included in lens
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`assembly 215, figures 2A-2C, 14, column 3, lines 45-67; column 8, lines 37-67), to generate image data;
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`a display (display 1410, figures 1, 14, column 1, lines 35-50; column 8, lines 37-67) configured to
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`display an imageindicated by the image data;
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 5
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`user interface (user interface 1415, figures 3, 14, column 4, lines 6-19; column 4 line 46 - column
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`5, line 23; column 8, lines 37-67) configured to receive a user operation indicating a direction to reduce
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`or increase a distance to a subject to be focused automatically; and
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`a controller (processor 1405, figures 2A-2C, 3, 5, 8, 14; column 3, lines 45-67; column 4,lines 6-
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`19; column 4,line 46 - column 5,line 23; column 8, line 37 — column 9, line 34) configured to control a
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`focusing operation for adjusting a position of the focus lens along an optical axis in the optical system
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`according to an evaluation value for a focus state, wherein
`
`in responseto the user operation in a case where a first subject (flower 110, figure 1, column 1,
`
`lines 25-50) and a second subject (grass 115, figure 1, column 1, lines 25-50) having a different distance
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`from the imaging apparatus than the first subject are within an autofocus area (autofocus area 105,
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`figure 1, column 1, lines 25-50), the controller is operable to shift the position of the focus lens (the
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`autofocus system judges the lens position needed to bring the background grassinto focus as proper,
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`figure 1, column 1, lines 25-50).
`
`Bruner etal. fails to disclose wherein the controller is operable to cause the display to display a
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`graph indicating the evaluation value for a focus state in each position of the focus lens.
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`However, Onazawadiscloses wherein the controller is operable to cause the display to display a
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`graph indicating the evaluation value for a focus state in each position of the focus lens (the focusing
`
`condition display is shown on the screen of the LCD 82 as a distribution graph, figures 1-3, column 3,line
`
`60 — column 4,line 30).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al. by the teaching of Onozawain
`
`orderto let a user to visually recognize a current position of the focus lens corresponds to obtained
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`focus evaluation value (column 3, lines 30-35).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 6
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`Bruner et al. and Onazawafail to disclose the controller is operable to shift the position of the
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`focus lens by a shift width from a current position of the focus lens to a start position toward the
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`direction indicated by the user operation amongtwodirections along the optical axis, the start position
`
`being a position of the focus lens for starting the focusing operation, and cause the focusing operation
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`to start from the start position after the shift.
`
`However, ITO discloses the controller is operable to shift the position of the focus lens by a shift
`
`width (the difference “delta” or initial position driving “init_drv’driving, figure 5, step S407, S410,
`
`paragraphs [0058], [0060]) from a current position (current position offocus lens “pos_now’”, figure 5,
`
`paragraphs [0058], [0060]) of the focus lens to a start position (an initial position that is a start position,
`
`figure 5, paragraphs [0058], [0060]) toward the direction indicated by the user operation among two
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`directions along the optical axis, the start position being a position of the focus lens for starting the
`
`focusing operation (figure 5, paragraphs [0058], [O060]), and cause the focusing operation to start from
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`the start position after the shift (END, to “start scan driving, “figure 5, paragraphs [0058], [0060]).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al. and Onozawabythe teaching
`
`of ITO in order to enable the AF speed to be increased (paragraph [0071]).
`
`Regarding claim 2, Onozawa discloses wherein the controller is operable to move the focus
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`lens according to a user operation input to the user interface with the graph being displayed (figures 1-
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`5, column 5,line 55 — column 6,line 21).
`
`Regarding claim 3, Onozawa discloses wherein the controller is operable to cause the display to
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`display a pointer (bar 123, figures 2-3, column 3, line 60 — column 4,line 15) indicating a current position
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`of the focus lens in the graph.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 7
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`Regarding claim 4, Onozawa discloses wherein the controller is operable to cause the display
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`to display a marker (bar 123, figures 2-3, column 3, line 60 — column 4,line 15) indicating a focus
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`position detected by the focusing operation in the graph.
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`Regarding claim 7, Brunner et al. discloses wherein in responseto the instruction given during
`
`an operation of continuously repeating the focusing operation, the controller is operable to shift the
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`position of the focus lens and perform the focusing operation again (figure 3, column 4,lines 6-19;
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`column 4,line 46 - column 5,line 23).
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`11.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner etal. (US 9,477,138)
`
`in view of Onozawa (US 7,324,151) further in view of ITO (US 2017/0347017) and CHEONG etal. (US
`
`2016/0103830).
`
`Regarding claim 5, Brunner et al., Onozawa and ITO fail to disclose wherein the marker includes
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`a thumbnail image based on the image data generated by the imager at the focus position.
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`However, CHEONG etal. discloses wherein the marker includes a thumbnail image based on
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`the image data generated by the imager at the focus position (CHEONG etal. discloses a thumbnail
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`correspondingto a position of the scene marker whichis closest to the current pause position 110is
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`displayed, figures 1A-1D, 3A-3D, paragraphs [0055], [0069]-[0070)).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al., Onozawa and ITO by the
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`teaching of CHEONG etal. in order to let a user to visually select a desire scene to be focus.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 8
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`12.
`
`Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner etal. (US 9,477,138)
`
`in view of Onozawa (US 7,324,151) further in view of ITO (US 2017/0347017) and Matsumoto (US
`
`2019/0394409).
`
`Regarding claim 5, Brunner et al., Onozawa and ITO fail to disclose wherein
`
`the user interface is operable to receive the user operation on the displayed graph for pointing
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`the position of the focus lens in the displayed graph, and
`
`the controller is operable to move the focus lens to the pointed position according to the user
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`operation on the displayed graph.
`
`However, Matsumoto discloses disclose wherein
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`the user interface (display unit 28, figures 2A, 3, paragraphs [0025], [0061]-[0071]) is operable to
`
`receive a user operation on the displayed graph (bar 305, figures 2A, 3, paragraphs [0025], [0061]-
`
`[0071]) for pointing a position of the focus lens (focus distance indicator 305 indicates a position of focus
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`lens, figure 3, paragraphs [0025], [0071], [0075]) in the displayed graph, and
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`the controller is operable to move the focus lens to the pointed position according to the user
`
`operation on the displayed graph (figure 3, paragraphs [0025], [0071]-[0075]).
`
`Therefore, it would have been obvious to one of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al., Onozawa and ITO by the
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`teaching of Matsumotoin order to provide an electronic device capable of appropriately assisting focus
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`adjustment operation madeby a user in accordancewith the properties of a lens unit (paragraph
`
`[0005]).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 9
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`Conclusion
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`13.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to LUONG TRUNG NGUYEN whose telephone number is (571)272-7315. The
`
`examiner can normally be reached on 7:30AM-5:00PM, MONDAY- THURSDAY.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
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`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,
`
`TWYLER HASKINS can be reached on (571) 272-7406. The fax phone number for the organization where
`
`this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`
`/LUONG T NGUYEN/
`Primary Examiner, Art Unit 2698
`1/01/2022
`
`

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`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 10
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