`
`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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`
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`15/447,256
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`03/02/2017
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`MITSUYOSHI OKAMOTO
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`PANDP0200US
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`6330
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`08/01/2018 —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SELBY’ GEVELL V
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`2664
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/01/2018
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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.
` 15/447,256 OKAMOTO, MITSUYOSHI
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`GEVELL SELBY $2213 2664
`-- 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).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 5/22/18.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| 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)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) L6is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-6is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`hit
`I/'/\WIIW.USOI.O. ovI’ atentS/init events/
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`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 3/2/17is/are: a)IXI 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).
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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
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`12)IXI 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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`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] 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
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`Part of Paper No./Mai| Date 20180727
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 2
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`1.
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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.
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`DETAILED ACTION
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`Response to Arguments
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`2.
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`Applicant's arguments filed 5/22/18 have been fully considered but they are not
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`persuasive. The applicant submits the prior art does not disclose the following limitations of the
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`claimed invention:
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`wherein the controller executes a search process for obtaining a focus distance in each of
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`a plurality of predetermined regions of an image indicated by the image data while moving the
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`focus lens in a predetermined drive range, after the search process, records a moving image
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`while moving the focus lens, and before the search process, sets the predetermined drive range
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`based on a range specified by the user via the operation unit, as stated in claim 1;
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`and the controller sets the predetermined drive range based on two points specified on the
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`touch panel by the user, as stated in claim 2. The examiner respectfully disagrees.
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`Re claim 1) The Weng reference discloses an imaging device with a controller that executes a
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`search process for obtaining a focus distance in each of a plurality of predetermined regions of an
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`image indicated by the image data while moving the focus lens in a predetermined drive range
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`(see para 27 and 29—41: the lens is driven through a predetermined drive range of plurality of
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`focal distances in AF mode with a plurality of images captured and then the microprocessor 12
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`determines the focal distance that correspond a plurality of regions on the images), after the
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`search process, records a moving image while moving the focus lens (see para 14: video or
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`moving images are recorded after the search process in during the video recording process), and
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 3
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`before the search process, sets the predetermined drive range based on a range specified by the
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`user via the operation unit (see para 28 and 29: the user selects driving the lens by the prescribed
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`driving range by selecting auto—focusing process which drives the lens through the predetermined
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`search range from furthest focus distance to nearest focus distance). Therefore, the Weng
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`reference discloses all the limitations of the claimed invention.
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`Re claim 2) The Weng reference discloses that the user selects the lattice region by touching the
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`region on the display and the controller set the driving range based on the default lattice selected
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`wherein the two points are any two corner of the lattice bounding box for that region, which
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`reads on the controller setting the predetermined drive range based on two points specified on the
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`touch panel by the user (see para 35). Therefore, the Weng reference discloses all the limitations
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`of the claimed invention.
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`Claim Rejections - 35 USC § 102
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`3.
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`In the event the determination of the status of the application as subject to AIA 35 USC.
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`102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction of the
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`statutory basis for the rejection will not be considered a new ground of rejection if the prior art
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`relied upon, and the rationale supporting the rejection, would be the same under either status.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(l) 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.
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 4
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`5.
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`Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weng
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`et al., US 2014/0198242.
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`In regard to claim 1, Weng et al., US 2014/0198242, an imaging device
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`comprising:
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`27);
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`an optical system including a focus lens (see figure 1, element 13 and para
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`an imaging unit (see figure 1, element ll) that images a subject image
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`input via the optical system and generates an image signal (see para 25—27);
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`an image processor (see figure 1, element 12) that executes a
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`predetermined process on the image signal and generates image data (see para 25
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`and 30);
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`an operation unit (shutter button (not numbered) and display 14) that
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`accepts a user operation (see para 29 and 35); and
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`a controller (see figure 1, element 12) that controls the image processor,
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`wherein the controller executes a search process for obtaining a focus
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`distance in each of a plurality of predetermined regions of an image indicated by
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`the image data While moving the focus lens in a predetermined drive range (see
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`para 27 and 29—41: the lens is driven through a predetermined drive range of
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`plurality of focal distances in AF mode with a plurality of images captured and
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`then the microprocessor 12 determines the focal distance that correspond a
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`plurality of regions on the images), after the search process, records a moving
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`image While moving the focus lens (see para 14: video or moving images are
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 5
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`recorded after the search process in during the video recording process), extracts,
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`as a still image, a frame image focused on a region specified by a user via the
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`operation unit from a plurality of frame images forming recorded moving image
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`data (see para 38—41: the user selects a specific lattice area and the still image that
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`has the maximum sharpness in that area is display), and
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`before the search process, sets the predetermined drive range based on a
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`range specified by the user via the operation unit (see para 28 and 29: the user
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`selects driving the lens by the prescribed driving range by selecting auto—focusing
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`process which drives the lens through the predetermined search range from
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`furthest focus distance to nearest focus distance).
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`In regard to claim 2, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the operation unit is a touch panel that accepts a touch
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`operation from the user while regarding a region on a displayed image as an input region,
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`and the controller sets the predetermined drive range based on two points specified on the
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`touch panel by the user (see para 35: the user selects the lattice region by touching the
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`region on the display and the controller set the driving range based on the default lattice
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`selected wherein the two points are any two corner of the lattice bounding box for that
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`region).
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`In regard to claim 3, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the controller records the moving image while moving the
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`focus lens in the predetermined drive range (see para 28: the video capture process used
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`to capture images at the different focus distances).
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 6
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`In regard to claim 4, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, wherein the controller in the search process, generates a table where
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`each of the plurality of predetermined regions and information are managed in
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`association with each other, the information representing any of the plurality of frame
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`images focused on the predetermined region, and extracts the still image with reference to
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`the table (see para 31 and 39—41: the microprocessor 12 calculates and stores sharpness
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`values to each region of each image and focus distances for each images in a table to
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`create sharpness value — focus distance distribution curves that it uses to select the
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`clearest image).
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`In regard to claim 5, Weng et al., US 2014/0198242, the imaging device
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`according to claim 1, further comprising a release button with which the user instructs
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`start of photographing operation, wherein, when the release button is half—pressed, the
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`controller starts the search process, and when the release button is full—pressed, the
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`controller starts a process for recording the moving image (see para 29).
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`Claim Rejections - 35 USC § 103
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`6.
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`The following is a quotation of 35 USC. 103 which forms the basis for all obviousness
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`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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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 7
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`7.
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`Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weng et al.,
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`US 2014/0198242, in View of Shirakawa, US 2015/0373257.
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`in regard to ciaim (i, Weng et al., LS 3(3145’019‘8242, the imaging device
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`according to claim 2. The ‘Weng reference does not specifically disclose wherein the
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`controlier sets the pi'edeterriiiiied drive range cf the flaws lens so as to drive the focus
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`lens between two feats positiens obtained by performing autofocus operatiens t-r5
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`respective regions corresponding to the two points specified by the user.
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`Shirakawa, US 2015/0373257, discloses an imaging device wherein the display
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`has a Slide bar S1 with knob S2 that shows the adjusts the depth of field by widening or
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`narrowing the distance between a first point, the near side end of the range and a second
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`point, the distant side end of the range (see figures 4 and 5 and para 55—56).
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`It would have been obvious to one of ordinary skill in the art at the time of
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`invention (pre—AIA) or before the effective filing date of the invention (AIA) to have
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`been motivated to modify Weng et al., US 2014/0198242, in view of Shirakawa, US
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`2015/0373257, wherein the controller sets the predetermined drive range of the focus lens
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`so as to drive the focus lens between two focus positions obtained by performing
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`autofocus operations to respective regions corresponding to the two points specified by
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`the user, in order to allow the user to quickly and easily adjust the drive range.
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 8
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`Conclusion
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR l.l36(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. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR l.l36(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
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`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 GEVELL SELBY whose telephone number is (571)272—7369.
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`The examiner can normally be reached on 8:00 A.M. — 5:30 PM (Wednesday mornings off).
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`Examiner interviews are available via telephone, in—person, and video conferencing using
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`a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Lin Ye can be reached on 571—272—7372. The fax phone number for the organization
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`where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 15/447,256
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`Art Unit: 2664
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`Page 9
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`gvs
`
`/GEVELL SELBY/
`
`Primary Examiner, Art Unit 2664
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`