`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/821,584
`
`03/08/2013
`
`Katsushi Sumisaki
`
`MAT—10585US
`
`8732
`
`EXAMINER
`RATNERPRESTIA —
`10’0”“ —
`7590
`52473
`PO. BOX 980
`FLOHRE, JASONA
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2661
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`10/09/2014
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/821 .584 SUMISAKI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`JASON FLOHRE first“ 2661
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 6/19/2014.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`a)IXl This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s)_ is/are allowed.
`
`7)IZ| Claim(s)_1-3and6is/are rejected.
`
`8)IZ| Claim(s) 4 and 5 is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events.) .h/index.
`
`
`‘3 , or send an inquiry to PF"I-Ifeedback{<‘busr3.to.qov.
`
`
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20141003
`
`

`

`Application/Control Number: 13/821,584
`
`Page 2
`
`Art Unit: 2661
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`|.
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`Response to Arguments
`
`ll.
`
`Applicant’s arguments with respect to claim 1 have been considered but are
`
`moot in view of new grounds of rejection.
`
`1.
`
`Regarding claim 1, Applicant argues that Pertsel fails to teach or suggest
`
`“wherein the light-distribution correction data is based on relative variation of a) light
`
`quantity of a plurality of pixels in the image pickup range to b) light quantity of one of
`
`said pixels as a reference”. Applicant argues that the image correction ratio ICR is an
`
`“arbitrary number” and therefore cannot teach “wherein the light-distribution correction
`
`data is based on relative variation of a) light quantity of a plurality of pixels in the image
`
`pickup range to b) light quantity of one of said pixels as a reference” (see page 6 of
`
`Remarks). Applicant argues that the ICR taught by Pertsel is not equivalent to the
`
`claimed light-distribution correction data because the light-distribution correction data is
`
`based on "measured light quantity" (see page 6 paragraph 5 of Remarks).
`
`However, in a similar field of endeavor Ohwa et al. (WIPO Publication
`
`2009/116652) teaches correcting image data using a stored light distribution correction
`
`characteristic which is a variation of light quantity of a pixel to be corrected relative the
`
`other pixels in the image as exhibited in figure 24D and disclosed at page 43 lines 7-
`
`13). Therefore, in order to improve the image correction performed by Pertsel it would
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 3
`
`Art Unit: 2661
`
`have been obvious to a person having ordinary skill in the art at the time the invention
`
`was made to substitute the light quantity correction value taught by Ohwa for the image
`
`correction ratio taught by Pertsel to achieve the predictable result of correcting an image
`
`captured using a flash device.
`
`2.
`
`In response to applicant's argument that the references fail to show certain
`
`features of applicant’s invention, it is noted that the features upon which applicant relies
`
`(i.e., that the light-distribution correction data is based on “measured light quantity”) are
`
`not recited in the rejected claim(s). Although the claims are interpreted in light of the
`
`specification, limitations from the specification are not read into the claims. See In re
`
`Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claimed light
`
`distribution correction data is based on a relative variation of light quantity of a plurality
`
`of pixels relative a reference pixel. The claimed light distribution correction data does
`
`not require "measured light quantity" as the limitation is broad enough that the variation
`
`could be calculated using modeling or the like. Furthermore, the Examiner notes that
`
`Applicant's disclosed light distribution correction data is a value determined prior to
`
`shipment and is recalled from memory, it is not a value that is calculated in real time or
`
`is determined to be different for each scene (see page 10 lines 14-20 of Applicant's
`
`Specification as filed).
`
`In view of the foregoing claims 1-6 are rejected using new grounds of rejection as
`
`further detailed below in response to Applicant's amendments to the claims.
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 4
`
`Art Unit: 2661
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`lll.
`
`Claims 1-3 and 6 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Pertsel (United States Patent Application Publication 2010/0225797)
`
`in view of Ohwa et al. (WIPO Publication 2009/116652), hereinafter referenced as
`
`Ohwa.
`
`3.
`
`Regarding claim 1, Pertsel discloses an image pickup apparatus comprising:
`
`an image pickup element for imaging a subject (figure 1 exhibits image sensor 35 as
`
`disclosed at paragraph 22); and an image forming section for forming image data based
`
`on image-pickup data acquired from the image pickup element in an image pickup
`
`range (figure 1 exhibits video signal processor 43 as disclosed at paragraph 23), the
`
`image pickup apparatus having: a first image-pickup mode of acquiring first image-
`
`pickup data in a non-emission state of light from an illuminating section to the subject
`
`(figure 3 exhibits step 900 in which a first image is captured without illumination as
`
`disclosed at paragraph 36); and a second image-pickup mode of acquiring second
`
`image-pickup data in an emission state of light from the illuminating section to the
`
`subject (figure 3 exhibits step 910 in which an image is captured with illumination as
`
`disclosed at paragraph 36), wherein the image forming section forms the image data by
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 5
`
`Art Unit: 2661
`
`using multiplication data as a correction value for the second image-pickup data, the
`
`multiplication data being acquired by multiplying differential data calculated based on
`
`the first image-pickup data and the second image-pickup data by light-distribution
`
`correction data for smoothing a light distribution characteristic of the illuminating section
`
`(figure 6 exhibits step 1210 in which in which data lC which is difference data of the
`
`image with flash and the image without flash as disclosed at paragraphs 53 and 38; the
`
`difference data IC is multiplied by correction value ICR which adjusts the uneven
`
`illumination compensation as disclosed at paragraph 52. Therefore, |C*ICR is the
`
`multiplication data. Finally as exhibited in step 1230 in figure 6 the multiplication data is
`
`added to the uncorrected data T to create final image corrected data CT as disclosed at
`
`paragraphs 52 and 53). However, Pertsel fails to disclose wherein the light-distribution
`
`correction data is based on relative variation of a) light quantity of a plurality of pixels in
`
`the image pickup range to b) light quantity of one of said pixels as a reference.
`
`Ohwa is a similar or analogous system to the claimed invention as evidenced
`
`Ohwa teaches an imaging device which corrects the influence of flash on an image
`
`wherein the design incentive of improving the correction process thereby improving
`
`image quality would have prompted a predictable variation of Pertsel by applying
`
`Ohwa’s known principal of using a correction ratio based on the relative variation of light
`
`quantity of a pixel to be corrected relative to the light quantity of a plurality of pixels in
`
`the image pickup range (figure 24D exhibits light-distribution characteristic values which
`
`is a correction value indicating the influence of a flash device on a pixel to be corrected
`
`relative the influence of a flash device on the rest of the pixels in the image capturing
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 6
`
`Art Unit: 2661
`
`range as disclosed at paragraph 156). When applying this known technique to Pertsel it
`
`would have been obvious to a person having ordinary skill in the art at the time the
`
`invention was made to substitute the illumination correction ratio taught by Pertsel which
`
`is used to determine the amount of correction to be applied to a give pixel (see
`
`paragraph 52 of Pertsel) with the light distribution characteristic taught by Ohwa in order
`
`to improve the accuracy of the correction performed by Pertsel.
`
`In view of the design incentives such as improving the correction process thereby
`
`improving image quality one of ordinary skill in the art would have implemented the
`
`claimed variation of the prior art system of Pertsel.
`
`Therefore, the claimed subject matter would have been obvious to a person
`
`having ordinary skill in the art at the time the invention was made.
`
`4.
`
`Regarding claim 2, Pertsel discloses everything claimed as applied above
`
`(see claim 1), in addition, Pertsel discloses wherein the image forming section acquires
`
`the second image-pickup data after acquired the first image-pickup data (paragraph 36
`
`teaches that the flash image can be captured in step 910 after the non-flash image in
`
`step 900).
`
`5.
`
`Regarding claim 3, Pertsel discloses everything claimed as applied above
`
`(see claim 1), in addition, Pertsel discloses wherein the image forming section acquires
`
`the first image-pickup data after acquired the second image-pickup data (paragraph 36
`
`teaches that the non-flash image can be captured in step 910 after the flash image in
`
`step 900).
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 7
`
`Art Unit: 2661
`
`6.
`
`Claim 6, a method, corresponds to and is analyzed the same as the
`
`apparatus of claim 1.
`
`Allowable Subject Matter
`
`IV.
`
`Claims 4 and 5 are objected to as being dependent upon a rejected base claim,
`
`but would be allowable if rewritten in independent form including all of the limitations of
`
`the base claim and any intervening claims.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to JASON FLOHRE whose telephone number is (571 )270-
`
`

`

`Application/Control Number: 13/821 ,584
`
`Page 8
`
`Art Unit: 2661
`
`7238. The examiner can normally be reached on Monday to Thursday 8:00 AM to 3:00
`
`PM EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Sinh Tran can be reached on 517-272-7564. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/JASON FLOHRE/
`
`Examiner, Art Unit 2661
`
`