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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
`
`16/911,496
`
`06/25/2020
`
`Koji SHIBUNO
`
`AOYA.23PUSO01
`
`3578
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`NAZRUL, SHAHBAZ
`
`2697
`
`04/01/2021
`
`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*
`1-7 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-7 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) The drawing(s) filed on 6/25/2020 is/are: a)(¥) 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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 20210327
`
`Application No.
`Applicant(s)
`16/911,496
`SHIBUNO, Koji
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SHAHBAZ NAZRUL
`2697
`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 2/5/2021.
`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: 16/91 1,496
`Art Unit: 2697
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
`
`the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public
`use, on sale or otherwise available to the public before the effective filing date of the
`claimed invention.
`
`(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, namesanother inventor and waseffectively filed before the
`effective filing date of the claimed invention.
`
`Claims1, 4, 6, 7 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2)as being
`
`anticipated by SUGIMOTO (2013/0293766).
`
`

`

`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 3
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`Regarding claim 1, SUGIMOTOdiscloses an imaging apparatus (fig. 3), comprising:
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`an imager (ccd 54, fig. 3) configured to capture a subject image formed via an optical
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`system (unit 14, fig. 13) including a focus lens (110, fig. 3), to generate image data
`
`(0167); and
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`a controller (CPU 90, fig. 13) configured to control a focusing operation for adjusting a
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`position of the focus lens along an optical axis in the optical system according to an
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`evaluation value for focus state (abstract, 70162, 40194-0199, fig. 4), wherein
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`the controller calculates the evaluation value over a detection range with respect to
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`position of the focus lens to perform the focusing operation (0204, 90211-0212, fig. 6),
`
`and
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`in response to an instruction to reduce or increase a distance to a subject to be focused
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`(After focusing is attained in the center, and instruction is given by the controller to limit
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`the search range to the near end, which corresponds to a reduction of distance, 40348),
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`the controller
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`sets, in the detection range with respect to position of the focus lens, a region including
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`a position close to a closest end or an infinite end with respect to a current position of
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`the focus lens according to a direction specified by the instruction, as a focusing region
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`(On the other hand, if focusing is attained (or if focusing is almost attained), the center
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`continuous AF is terminated, and as shown in FIG. 18, the focus evaluation value
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`search range is set to the nearest end side with reference to the focal position (or
`
`

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`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 4
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`position almost focused) (step S92). The multipoint ranging is executed underthe set
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`focus evaluation value search range (step S93) — 9353, fig. 18), and
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`adjusts the position of the focus lens within the set focusing region in the focusing
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`operation (/n this way, the center continuous AF is carried out in the present
`
`embodiment, and if focusing is attained in the center continuous AF (orif focusing is
`
`almostattained), the multipoint ranging is performed with the focus evaluation value
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`search range limited to the nearest end side with reference to the focal position (or
`
`position almost focused). As a result, the search time can be reduced, and the
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`multipoint ranging can be speeded up. The power consumption can also be reduced by
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`reducing the drive distance of the focus lens 110. The changein the angle of view in the
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`multipoint ranging can also be prevented, and the screen can be more easily viewed;
`
`0357).
`
`Regarding claim 4, Sugimoto discloses the imaging apparatus according to claim 1,
`
`wherein the controller, in response to the instruction to reduce the distance to a subject,
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`sets the region close to the closest end with respect to the current position of the focus
`
`lens from the detection range, as the focusing region (On the other hand, if focusing is
`
`attained (or if focusing is almost attained), the center continuous AF is terminated, and
`
`as shownin FIG. 18, the focus evaluation value search range is set to the nearest end
`
`side with reference to the focal position (or position almost focused) (step S92). The
`
`multipoint ranging is executed under the set focus evaluation value search range (step
`
`$93) — 10353, fig. 18).
`
`

`

`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 5
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`Regarding claim 6, Sugimoto discloses the imaging apparatus according to claim 1,
`
`wherein the controller defines, in the detection range, a first region including the current
`
`position of the focus lens, a second region closer to a closest end thanthe first region,
`
`and a third region closer to an infinite end than the first region (see e.g. region divisions
`
`of fig. 9b, 19, 20 etc. J0247, 0363), and sets one of the second region and the third
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`region as the focusing region based on a direction specified by the instruction (e.g. in
`
`fig. 20, permitted areas are right 2 areas, 0363).
`
`Regarding claim 7, Sugimoto discloses the imaging apparatus according to claim 1,
`
`wherein in response to the instruction given during an operation of continuously
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`repeating the focusing operation (abstract,0229-0230, 40350), the controller sets a
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`focusing region from the detection range and executes the focusing operation within the
`
`set focusing region (when in the center of the range an objectis in focus, the controller
`
`gives the instruction to limit the search range to the near end asillustrated in 40353, fig.
`
`18. Thus focusing is performed in the set focus region.).
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`

`

`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 6
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`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 thistitle, if the differences
`between the claimed invention andthe prior art are such that the claimed invention as a whole
`would have been obvious before the effectivefiling 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.
`
`Claim 2, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Sugimoto in view of Igarashi et al. (20050189419, hereinafter Igarashi).
`
`Regarding claim 2, Sugimoto discloses the imaging apparatus according to claim 1,
`
`except, further comprising an operation member configured to receive a user operation,
`
`wherein the controller sets the focusing region in responseto the instruction by a user
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`operation on the operation member.
`
`However, lgarashi discloses like Sugimoto an imaging system thattries to find the best
`
`focus point in the presence of multiple objects. Igarashi discloses in paragraphs 69-71
`
`and figures 5A and 5B a long distance button, which has the label "FAR"in figure 5, and
`
`a short distance button, which has the label "CLOSE" in figure 5. Hence, Igarashi
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`teaches that the focal distance can be adapted after a first focus step by a user input
`
`instead of the automatic procedure of Sugimoto.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention (AIA) to modify the invention of Sugimoto to
`
`include the teaching of Igarashi of adapting focal distance by user operation in addition
`
`to an automated way as Sugimoto discloses, to obtain, further comprising an operation
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`member configured to receive a user operation, wherein the controller sets the focusing
`
`

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`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 7
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`region in responseto the instruction by a user operation on the operation member,
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`because, the combination would enhancethe versatility of the overall system, now
`
`being operable both automated and manual manner in attaining desired focus.
`
`Regarding claim 5, Sugimoto discloses the imaging apparatus according to claim 1,
`
`except, wherein the controller, in response to the instruction to increase the distance to
`
`a subject, sets the region close to the infinite end with respect to the current position of
`
`the focus lens from the detection range, as the focusing region.
`
`However, Igarashi discloses like Sugimoto an imaging system thattries to find the best
`
`focus point in the presence of multiple objects. Igarashi discloses in paragraphs 69-71
`
`and figures 5A and 5B a long distance button, which has the label "FAR"in figure 5, and
`
`a short distance button, which has the label "CLOSE"in figure 5. Hence, Igarashi
`
`teaches that the focal distance can be adaptedafter a first focus step by a user input
`
`instead of the automatic procedure of Sugimoto.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention (AIA) to modify the invention of Sugimoto to
`
`include the teaching of Igarashi of adapting focal distance by user operation in addition
`
`to an automated way as Sugimoto discloses, to obtain, further comprising an operation
`
`member configured to receive a user operation, wherein the controller sets the focusing
`
`region in responseto the instruction by a user operation on the operation member,
`
`because, the combination would enhancethe versatility of the overall system, now
`
`being operable both automated and manual manner in attaining desired focus.
`
`

`

`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 8
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`After combination as aforementioned, if the user presses the FAR button in the system
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`of Igarashi figure 5, it is obvious to take the focus search range which is complementary
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`to the one illustrated in Sugimoto figure 18, namely the range from the lens position to
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`infinity.
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`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention (AIA) to operate the focus search range
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`complementary to the one illustrated in Sugimoto figure 18, namely the range from the
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`lens position to infinity, to obtain, wherein the controller, in response to the instruction to
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`increase the distance to a subject, sets the region closeto the infinite end with respect
`
`to the current position of the focus lens from the detection range, as the focusing region,
`
`because, in manual operation mode the choice to control the focus range is under user
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`discretion.
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`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto in
`
`view of Oogami (20180172949).
`
`Regarding claim 3, Sugimoto discloses the imaging apparatus according to claim 1,
`
`except, wherein the controller calculates the evaluation value by at least one of an
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`image plane phase difference method, a phase difference method, and a DFD (Depth
`
`From Defocus) method.
`
`Oogami like Sugimoto is a document providing a solution for the problem how to determine
`
`the best focus position in the presence of multiple objects. The system of Oogami like the
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`system of Sugimoto tries to find the best focus position by a pre-scanning operation (see
`
`

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`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 9
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`Oogami, paragraphs 61,62} based on contrast auto focus (AF). Oogami paragraph 113
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`teachesthat the contrast AF can be replaced by phasedifference AF. Oogami, paragraph 110
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`also mentions that the distance to the objects may be determined based on Depth from Defocus
`
`(DFD) for measuring the distance.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the effectivefiling
`
`date of the claimed invention (AIA) to modify the invention of Sugimoto to include the
`
`teaching of Oogami of phase difference and DFD methodbesidesthe contrast AF as
`
`done by Sugimoto, to obtain, wherein the controller calculates the evaluation value by at
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`least one of an image plane phase difference method, a phase difference method, and
`
`a DFD (Depth From Defocus) method, because, the combination would enhance the
`
`versatility of the overall system.
`
`Conclusion
`
`The prior and/or pertinent art(s) made of record and not relied upon is considered
`
`pertinent to applicant's disclosure, are —
`
`Takayama (8,300,139), Tsuda et al. (20120027393), Okawara (20050078381), Uenishi
`
`(20100067891), who disclose different focusing methods of interest.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SHAHBAZ NAZRUL whose telephone number is
`
`(571)270-1467. The examiner can normally be reached on M-Th: 9.30 am-3 pm, 6.30
`
`pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/91 1,496
`Art Unit: 2697
`
`Page 10
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`
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`
`supervisor, Lin Ye can be reached on 571-272-7372. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
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`272-1000.
`
`/SHAHBAZ NAZRUL/
`Primary Examiner, Art Unit 2697
`
`