`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`15/366,408
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`12/01/2016
`
`Tsutomu MUKAI
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`PANDP0171USA
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`1065
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`10/12/2017 —MARK D. SARALINO (PAN) m
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`7590
`51921
`
`
`V ‘AUX’ GARY C
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`2662
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/12/2017
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ipdocket @rennerott0.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 15/366,408 MUKAI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
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`2662GARY c. VIEAUX $233
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions 0137 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).
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`In no event, however, may a reply be timely filed
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 9/7/2017.
`[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.
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`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.
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`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 Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
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`Paper No(s)/Mai| Date .
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20171004
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`Disposition of Claims*
`5)|XI Claim(s) fl is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s M is/are rejected.
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`is/are objected to.
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`) )
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`_
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
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`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atentS/init events"
`h/index.‘s
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`
`
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`, or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 12/1/2016 is/are: a)I:I accepted or b)lZl 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI 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
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`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.
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`Attachment(s)
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`

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`Application/Control Number: 15/366,408
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`Page 2
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`Art Unit: 2662
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`DETAILED ACTION
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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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`Amendment
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`The Amendment, filed September 7, 2017, has been received and made of
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`record.
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`In response to the Non-Final Office Action dated Jun 16, 2017, the title and
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`claims 1 and 4 have been amended.
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`Response to Arguments
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`Regarding the objection to the drawings, Applicant states that figure 1 has been
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`amended to correctly identify the “card slot”, element 190. However, an amended
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`figure has not been found to have been submitted with the amendment. Therefore, the
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`outstanding objection to the drawings will be maintained.
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`Regarding the objection to the title, Applicant has amended the title to be more
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`clearly indicative of the invention to which the claims are directed. Therefore, the
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`outstanding objection to the title is withdrawn.
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`Regarding the objection to claim 4, Applicant has amended the claim to address
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`the previously identified informality. Therefore, the outstanding objection to claim 4 is
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`withdrawn.
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`

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`Application/Control Number: 15/366,408
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`Page 3
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`Art Unit: 2662
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`Regarding the 35 U.S.C. 112 rejections to claims 1-4, Applicant has amended
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`the claims to address the indefinite language. Therefore, the outstanding 35 U.S.C. 112
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`rejection of claims 1-4 are withdrawn.
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`Regarding the 35 U.S.C. 103 objection to claims 1 and 2, Applicant's arguments
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`have been considered but are moot in view of the new ground(s) of rejection.
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`Regarding the 35 U.S.C. 103 objection to claims 3 and 4, Applicant's arguments
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`have been considered but are moot in view of the new ground(s) of rejection.
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`Drawings
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`1O
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`The drawings are objected to because figure 1, element 190 incorrectly labels
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`card slot as “caed slot”. Corrected drawing sheets in compliance with 37 CFR 1.121(d)
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`are required in reply to the Office action to avoid abandonment of the application. Any
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`amended replacement drawing sheet should include all of the figures appearing on the
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`immediate prior version of the sheet, even if only one figure is being amended. The
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`figure or figure number of an amended drawing should not be labeled as “amended.” If
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`a drawing figure is to be canceled, the appropriate figure must be removed from the
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`replacement sheet, and where necessary, the remaining figures must be renumbered
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`and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date
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`of an application must be labeled in the top margin as either “Replacement Sheet” or
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`“New Sheet” pursuant to 37 CFR 1.121 (d).
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`If the changes are not accepted by the
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`Application/Control Number: 15/366,408
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`Page 4
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`Art Unit: 2662
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`examiner, the applicant will be notified and informed of any required corrective action in
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`the next Office action. The objection to the drawings will not be held in abeyance.
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`Claim Objections
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`Claim 1 is objected to because of the following informalities: please change
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`“each of which generates the video data” in line 10 to language akin to “each of which
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`can generate the video data” or "each of which is able to generate the video data", as
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`the disclosure does not support both modes simultaneously generating "the video data”
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`(i.e., 2 sets of video data generated or video data generated by the functionality of both
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`modes in concert) but instead is found to teach that each, separately when selected,
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`generate video data (see publication at [0087-88j). Appropriate correction is required.
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`Claim Rejections - 35 USC § 103
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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:
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`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
`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.
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`Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over
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`20
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`U.S. Patent Publication No. 2015/0015774 to Sugie in view of U.S. Patent Publication
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`25
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`No. 2009/0158315 to Bendall et al (hereinafter “Bendall”).
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`Regarding claim 1, Sugie teaches an imaging device comprising an imaging unit
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`(fig. 1, element 105) that generates image data from the optical information input
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`Application/Control Number: 15/366,408
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`Page 5
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`Art Unit: 2662
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`through an optical system unit (fig. 1, element 101), an image processor that performs a
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`predetermined process to the image data generated by the imaging unit (fig. 1, element
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`121 ), and a controller (fig. 1, element 131) that controls ([0043]) at least one of the
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`optical system unit, the imaging unit ([0033]), and the image processor based on a
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`video capture setting relating to video capturing so as to generate video data ([0027-
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`36]), wherein the controller has at least a first video mode and a second video mode,
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`each of which generates the video data ([0054], normal video mode or HDR video
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`mode, respectively), whereby, in the first video mode (e.g., fig. 3, S102, normal video
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`mode), video is captured in accordance with a first video capture setting (fig. 3, step
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`1O
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`8103), in the second video mode (e.g., fig. 3, S112, HDR video mode), video is
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`captured in accordance with a second video capture setting (fig. 3, steps S119 and
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`S120), and the second video capture setting being more suitable for recording a still
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`image than the first video capture setting (High Dynamic Range is more suitable than
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`without due to the wider dynamic range provided), and wherein the controller in the
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`second video mode automatically sets the video capture setting to the second video
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`capture setting so that image quality of a still image generated from a captured video
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`taken during video capture in the second video mode is greater than image quality of a
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`still image generated from a captured video taken during video capture in the first video
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`mode (fig. 3, step S112, HDR exposure program provides greater image quality). Sugie,
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`however, has not been found by the Examiner to expressly disclose wherein the
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`controller performs a marking process to designate a frame at a timing of a pressing an
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`Application/Control Number: 15/366,408
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`Page 6
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`Art Unit: 2662
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`operation button when the operation button is pressed during the recording in the
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`second video mode.
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`Nevertheless, Bendall teaches a similar imaging device that performs a marking
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`process to designate a frame at a timing of a pressing an operation button when the
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`operation button is pressed during a video recording ([0002-3], [0018-19j).
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`It would
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`have been obvious to one of ordinary skill in the art before the effective date of the
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`claimed invention to have incorporated the operation button and frame designation as
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`taught by Bendall with the controller and imaging device as taught by Sugie so that a
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`user could indicate a frame(s) of the video desired for later review, extraction or use.
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`Regarding claim 2, Sugie and Bendall teach all of the limitations of claim 2 (see
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`the 35 U.S.C. 103 rejection to claim 1, m) including teaching wherein the recording
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`in the second video mode is performed from start to end of a video recording (‘774 — fig.
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`3, e.g. S100, START, 8114-8123 loop, S124 END).
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`Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Sugie and Bendall in view of U.S. Patent Publication No. 2012/0183271 to Forutanpour
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`et al (hereinafter “Forutanpour”).
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`1O
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`15
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`Regarding claim 3, Sugie and Bendall teach all the limitations of claim 3 (see the
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`35 U.S.C. 103 rejection of claim 1, m) except for being found by the Examiner to
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`expressly disclose wherein the controller records information indicating a marking timing
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`in association with the video data when a marking instruction is issued.
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`Application/Control Number: 15/366,408
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`Page 7
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`Art Unit: 2662
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`Nevertheless, Forutanpour teaches recording information indicating a marking
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`timing in association with the video data when a marking instruction is issued ([0022]
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`encoded with the frame, in a header or in a separate file; timestamp: [0029], [0044],
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`[0058]).
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`It would have been obvious to one of ordinary skill in the art before the
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`effective date of the claimed invention to have incorporated the functionality as taught
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`by Forutanpour with the imaging device as taught by Sugie and Bendall as a way to
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`locate the image at a later time or later determine the location of the image relative to
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`the time of capture in the video.
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`Regarding claim 4, Sugie and Bendall teach all the limitations of claim 4 (see the
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`10
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`35 U.S.C. 103 rejection of claim 1, m) except for being found by the Examiner to
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`expressly disclose wherein the controller records information indicating a marking timing
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`and an identifier for identifying a marking in association with the video data when a
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`marking instruction is issued.
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`Nevertheless, Forutanpour teaches recording information indicating a marking
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`timing ([0029], timestamp) and an identifier for identifying a marking in association with
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`the video data when a marking instruction is issued ([0044], sequence identification
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`number/frame number).
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`It would have been obvious to one of ordinary skill in the art
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`before the effective date of the claimed invention to have incorporated the functionality
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`as taught by Forutanpour with the imaging device as taught by Sugie and Bendall as a
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`way to locate the image at a later time or later determine the location of the image
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`capture relative to the video.
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`Application/Control Number: 15/366,408
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`Page 8
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`Art Unit: 2662
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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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`10
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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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`Contact
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to GARY C. VIEAUX whose telephone number is
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`(571)272-7318. The examiner can normally be reached on IFW.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 15/366,408
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`Page 9
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`Art Unit: 2662
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Roberto Velez can be reached on 571 -272—8597. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`15
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`/GARY C VIEAUX/
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`Primary Examiner, Art Unit 2662
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`