`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/880,732
`
`10/12/2015
`
`Kazuhiko Yamaguchi
`
`731156486
`
`7359
`
`Seed IP Law Group/Panasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KWAN’ MATTHEW K
`
`ART UNIT
`
`2482
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/16/2016
`
`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):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/880,732 YAMAGUCHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2482MATTHEW KWAN $233
`
`-- 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 CFR 1.136(a).
`after SIX (6) 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 09 August 2016.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`2a)IZ| 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
`
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`; 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.
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure 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 20160907
`
`Disposition of Claims*
`5)IXI C|aim(s) 1 and 12—17is/are pending in the application.
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s
`1 and 12—17is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* 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.‘s
`
`
`
`
`
`or send an inquiry to PF"I-Ifeedback{<‘buspto.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: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)
`
`
`
`

`

`Application/Control Number: 14/880,732
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`Page 2
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`Art Unit: 2482
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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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`Claim Objections
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`2.
`
`Claim 1
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`is objected to because of the following informalities: on line 16, there
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`seems to be a grammatical error, "comprising: a communication off mode is positioned”
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`should be “comprising: a communication off mode positioned”. The same issue occurs
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`on line 20 with “comprising: an external apparatus connection mode is positioned”.
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`There seems to be an extra "is“. Appropriate correction is required.
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`Claim Rejections - 35 USC § 103
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`3.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`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 this title, 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.
`
`4.
`
`Claims 1 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Williams et al. (U.S. 2013/0147973), hereinafter Williams in view of Juen et al. (U.S.
`
`2003/0210898), hereinafter Juen, Kim (U.S. 2008/0106610) and further in view of
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`Kawasaki et al. (U.S. 2002/0064384), hereinafter Kawasaki.
`
`

`

`Application/Control Number: 14/880,732
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`Page 3
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`Art Unit: 2482
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`Regarding claim 1, Williams discloses a wearable camera comprising:
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`a body ([0039] and fig. 4, #110); and
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`a mode changeover switch on a side of the body ([0039] and fig. 4, #111),
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`which is on the same side of the center line as the one side of the center line of
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`the frontal face, the mode changeover switch includes an operating section operable by
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`an operator (fig. 4, #111), and a linear slot in which the operating section moves, the
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`linear slot including an upper end and a lower end between which the operating section
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`is movable ([0039] and fig. 4, #111),
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`wherein a most-frequently-used mode having the highest frequency of use in
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`case of emergency is positioned at the upper end of the slot or the lower end of the slot
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`([0039]), the most frequently used mode being a mode for performing communication
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`with a portable electronic apparatus ([0118] and fig. 4, #114).
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`Williams discloses another button on the wearable camera ([0030]). Williams
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`does not explicitly disclose a video recording button that is provided on a frontal face of
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`the body in an area on one side having one center line on the frontal face as a
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`boundary.
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`However, Juen teaches a camera comprising:
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`a video recording button that is provided on a frontal face of the body, the frontal
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`face of the body including a center line, the video recording button disposed on one side
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`of the center line of the frontal face (Juen [0239], fig. 24, #106).
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`

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`Application/Control Number: 14/880,732
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`Page 4
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`Art Unit: 2482
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify Williams’s wearable camera with the
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`missing limitations as taught by Juen to be able to start recording more easily (Juen
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`[O239D.
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`Williams in view of Juen does not explicitly disclose a communication off mode is
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`positioned in the other end of the slot.
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`However, Kim teaches a wearable camera, comprising: a communication off
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`mode is positioned at the upper end of the slot or the lower end of the slot, whichever is
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`not the position of the most-frequently-used mode, the communication off mode being a
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`mode wherein communication with external devices cannot occur (Kim [0072]).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify the wearable camera disclosed by Williams
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`in view of Juen with the missing limitations as taught by Kim to be able to selectively
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`save power by turning off the wireless portion of the camera (Kim [OO72]—[0073]).
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`

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`Application/Control Number: 14/880,732
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`Page 5
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`Art Unit: 2482
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`Williams in view of Juen and Kim does not explicitly teach a wearable camera,
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`wherein at least one external apparatus connection mode which can be connected to an
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`external apparatus is positioned between the one end and the other end of the slot.
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`However, Kawasaki teaches a wearable camera, comprising: an external
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`apparatus (Kawasaki [0089]) connection mode is positioned between the upper end of
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`the slot and the lower end of the slot, the external apparatus connection mode being a
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`mode wherein an external apparatus can be connected to the wearable camera
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`(Kawasaki [0127]).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify the wearable camera disclosed by Williams
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`in view of Juen and Kim with the missing limitations as taught by Kawasaki to save
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`space on the camera body by utilizing a multi-purpose sliding switch (Kawasaki [0127]).
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
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`combination would produce a predictable result.
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`Regarding claim 12, Williams in view of Juen, Kim and Kawasaki teaches the
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`wearable camera of claim 1, further comprising:
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`a processor for the wearable camera (Williams [0013], [0036]); and
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`at least one processor readable memory of the wearable camera that stores
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`instructions executable by the processor for the wearable camera (Williams [0013],
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`[0036]) to cause the wearable camera to record video upon wireless communication
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`

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`Application/Control Number: 14/880,732
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`Page 6
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`Art Unit: 2482
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`between the wearable camera and a portable electrical apparatus being disconnected
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`(Williams [0021], [0039], fig. 2).
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`Regarding claim 13, the limitations of claim 1 have been cited above.
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`Williams does not explicitly disclose at least one processor readable memory of
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`the wearable camera that stores instructions executable by the processor for the
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`wearable camera to cause the wearable camera to record or not record video when the
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`video recording button is pressed an odd number of times or an even number of times.
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`However, Juen further teaches a camera, further comprising:
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`at least one processor readable memory of the wearable camera that stores
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`instructions executable by the processor for the wearable camera to cause the wearable
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`camera to record or not record video when the video recording button is pressed an odd
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`number of times or an even number of times (Juen [0117], fig. 2, #8, start/stop button).
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`The same motivation for claim 1 applies to claim 13.
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`Regarding claim 14, the limitations of this claim 1 have been cited above.
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`Williams does not explicitly disclose a camera, further comprising: at least one
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`processor readable memory of the wearable camera that stores instructions executable
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`by the processor for the wearable camera to cause the wearable camera to record or
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`not record video when the video recording button is pressed for an extended period of
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`time.
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`However, Juen further teaches a camera, further comprising:
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`

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`Application/Control Number: 14/880,732
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`Page 7
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`Art Unit: 2482
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`at least one processor readable memory of the wearable camera that stores
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`instructions executable by the processor for the wearable camera to cause the wearable
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`camera to record or not record video when the video recording button is pressed for an
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`extended period of time (Juen [0241]).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to modify the combination of claim 1 with the missing
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`limitations as taught by Juen to prevent erroneous operation from occurring if the
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`recording button is inadvertently pressed (Juen [0241]).
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`Further since all the elements are known and could be combined into a single
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`unit by known techniques, a prima facie case of obviousness is made since the
`
`combination would produce a predictable result.
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`Regarding claim 15, Williams in view of Juen, Kim and Kawasaki teaches the
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`wearable camera of claim 1, wherein the external apparatus is an in car video recorder,
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`external memory storage or a server (Williams [0039], fig. 4).
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`Regarding claim 16, Williams in view of Juen, Kim and Kawasaki teaches the
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`wearable camera of claim 1, wherein the portable electrical apparatus is a wireless
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`communication device capable of communication with the wearable camera that
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`includes an input section and an authentication section (Williams [0019], figs. 2 and 4).
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`

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`Application/Control Number: 14/880,732
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`Page 8
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`Art Unit: 2482
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`Regarding claim 17, Williams in view of Juen, Kim and Kawasaki teaches the
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`wearable camera of claim 16, wherein the portable electrical apparatus is a personal
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`computer, smart phone, portable telephone, tablet terminal or a personal digital
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`assistant (Williams [0039], fig. 4).
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`Response to Arguments
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`5.
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`The Examiner would like to remind the Applicant that withdrawn claims 5-11 must
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`be canceled.
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`6.
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`Applicant's arguments filed in regard to newly amended and added claims have
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`been fully considered but are moot because the arguments do not apply to the current
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`grounds of rejection being used in the current rejection, i.e. Williams in view of Juen,
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`Kim and Kawasaki.
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`7.
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`Applicant's arguments filed 8/9/16 have been fully considered but they are not
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`persuasive.
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`8.
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`On p. 8 of the Applicant’s Response, the Applicant argues that Williams does not
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`describe a linear slot in which an operating section of a mode changeover switch
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`moves, or a linear slot which includes an upper end and a lower end between which the
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`operating section is movable.
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`

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`Application/Control Number: 14/880,732
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`Page 9
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`Art Unit: 2482
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`The Examiner respectfully disagrees. Williams discloses a button which can be
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`pressed (fig. 4, #111). When a button is pressed, it moves up and down a linear slot
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`which has two ends (i.e. an upper and lower end). Further, the button in Williams
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`changes the mode from a regular transmission mode to a priority transmission mode
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`([0039]). Therefore, Williams teaches a mode changeover switch within a linear slot.
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`9.
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`On pgs. 10-11 of the Applicant’s Response, the Applicant argues that neither
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`Williams nor Juen alone or in combination describe the particular combination of a
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`most-frequently-used mode, a communication off mode and an external apparatus
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`connection mode as recited in amended claim 1.
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`The Examiner respectfully disagrees. Williams describes a mode, the priority
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`transmission mode, which is used in emergencies ([0039]). This mode is the only one
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`used in emergencies and, as a result, is the most frequently used mode in case of
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`emergency, as required by the claim language of claim 1. Therefore, Williams discloses
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`a most frequently used mode in the case of emergencies.
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`The communication off mode and external apparatus connection mode are
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`taught by Kim and Kawasaki as cited above.
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`10.
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`On p. 12 of the Applicant’s Response, the Applicant argues that Kim cannot be
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`combined with Williams and Juen because Kim does not describe a wearable camera.
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`The Examiner respectfully disagrees. In response to applicant's arguments
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`against the references individually, one cannot show nonobviousness by attacking
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`

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`Application/Control Number: 14/880,732
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`Page 10
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`Art Unit: 2482
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`references individually where the rejections are based on combinations of references.
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`See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & 00., 800
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`F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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`Williams already discloses a wearable camera as cited above (fig. 4).
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`11.
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`On pgs. 12-13 of the Applicant’s Response, the Applicant argues that Kim cannot
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`be combined with Williams and Juen because Kim’s proposed modifications of Williams
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`and Juen would render Williams unsatisfactory for its intended purpose.
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`The Examiner respectfully disagrees. Williams discloses a control method to
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`change modes of a camera, a button ([0039] and fig. 4). Kim also discloses a control
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`method to change modes of a camera, a sliding switch. Since both references discuss
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`control methods to change modes of a camera, it would be obvious to one of ordinary
`
`skill in the art to use the well-known sliding switch (Kim [0072]) instead of the button in
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`Williams ([0039]). Further, since all the elements are known and could be combined into
`
`a single unit by known techniques, a prima facie case of obviousness is made since the
`
`combination would produce a predictable result.
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`The priority mode of Williams could still be accessed with a sliding switch instead
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`of a button. As a result the addition of Kim would not render Williams unsatisfactory for
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`its intended purpose. Therefore, the combination of Williams, Juen and Kim and
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`Kawasaki teaches the limitation of claim 1.
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`

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`Application/Control Number: 14/880,732
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`Page 11
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`Art Unit: 2482
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`12.
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`On pgs. 13-14 of the Applicant’s Response, the Applicant argues that Kawasaki
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`cannot be combined with Williams and Juen because Kawasaki does not describe a
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`wearable camera, a main switch on a camera and adding the mode of Kawasaki would
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`render Williams unsatisfactory for its intended purpose.
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`The Examiner respectfully disagrees. As described in the response above,
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`Williams already discloses the wearable camera limitation (fig. 4). Each reference does
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`not need to include all the claim limitations in a 35 U.S.C. 103 rejection or else it would
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`be a 35 U.S.C. 102 rejection.
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`Regarding the main switch of Kawasaki, Kawasaki teaches a main switch on a
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`flash device ([0089]). The flash device can either be external or part of the camera itself
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`(i.e. on a camera) ([0089]).
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`Finally, Williams discloses a control method to change modes of a camera, a
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`button ([0039] and fig. 4). Kawasaki also discloses a control method to change modes
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`of a camera, a sliding switch ([0127]). Since both references discuss control methods to
`
`change modes of a camera, it would be obvious to one of ordinary skill in the art to use
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`the well-known sliding switch (Kawasaki [0127]) instead of the button in Williams
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`([0039]). Further, since all the elements are known and could be combined into a single
`
`unit by known techniques, a prima facie case of obviousness is made since the
`
`combination would produce a predictable result.
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`The priority mode of Williams could still be accessed with a sliding switch instead
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`of a button. As a result the addition of Kawasaki would not render Williams
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`

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`Application/Control Number: 14/880,732
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`Page 12
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`Art Unit: 2482
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`unsatisfactory for its intended purpose. Therefore, the combination of Williams, Juen
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`and Kim and Kawasaki teaches the limitation of claim 1.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(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.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this 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 MATTHEW KWAN whose telephone number is
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`(571)270-7073. The examiner can normally be reached on Monday-Thursday 9 am - 6
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`pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Christopher Kelley can be reached on (571 )272—7331. The fax phone
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`

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`Application/Control Number: 14/880,732
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`Page 13
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`Art Unit: 2482
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`number for the organization where this application or proceeding is assigned is 571 -
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`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.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`
`/M. K./
`
`Examiner, Art Unit 2482
`
`/GIMS PHILIPPE/
`
`Primary Examiner, Art Unit 2489
`
`