`
`UNITED STATES DEPARTMENT OF COM1VIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`51921
`
`7590
`
`07/31/2019
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`
`CLEVELAND, OH 441 15
`
`PRABHAKHER,PRITHAM DAVID
`
`2699
`
`DATE MAILED: 07/31/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/918,016
`
`03/12/2018
`
`Toshinari SUO
`
`PANDPO273US
`
`4036
`
`TITLE OF INVENTION: IMAGING DEVICE AND SYSTEM INCLUDING IMAGING DEVICE AND SERVER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PALD ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`10/31/2019
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING
`
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`
`THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW DUE.
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`HOW TO REPLY TO THIS NOTICE:
`
`1. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
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`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
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`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
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`111. A11 communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
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`Page 1 of 3
`
`PTOL-SS (Rev. 02/11)
`
`

`

`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`PART B - FEE(S) TRANSMITTAL
`
`By mail, send to:
`
`Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
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`By fax, send to:
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`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All
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`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing 0r Transmission
`
`51921
`
`7590
`
`07/31/2019
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
`
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being transmitted to
`the USPTO via EFS-Web or by facsimile to (571) 273-2885, on the date below.
`(Typed or printed name)
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/918,016
`
`03/12/2018
`
`Toshinari SUO
`
`PANDP0273US
`
`4036
`
`TITLE OF INVENTION: IMAGING DEVICE AND SYSTEM INCLUDING IMAGING DEVICE AND SERVER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`10/31/2019
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`PRABHAKHER, PRITHAM DAVID
`
`2699
`
`348-229100
`
`1. Change of correspondence address or indication of ”Fee Address” (37
`CFR 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`
`
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`
`
`1
`
`2
`
`
`
`
`
`3 ”Fee Address” indication (or ”Fee Address” Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`\Iumber is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`DAdvance Order - # of Copies
`DPublication Fee (if required)
`DIssue Fee
`4a. Fees submitted:
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`
`3 Electronic Payment via EFS-Web
`
` :I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`D Enclosed check
`
`D Non-electronic payment by credit card (Attach form PTO-2038)
`
`5. Change in Entity Status (from status indicated above)
`
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/ 15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
`
`Authorized Signature
`
`Typed or printed name
`
`PTOL—SS Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/9 18,016
`
`03/12/2018
`
`Toshinari SUO
`
`PANDP0273US
`
`4036
`
`51921
`
`7590
`
`07/31/2019
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`
`CLEVELAND, OH 441 15
`
`PRABHAKHER, PRITHAM DAVID
`
`2699
`
`DATE MAILED: 07/31/2019
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
`
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`
`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
`
`directed to the Customer Service Center of the Office of Patent Publication at 1—(888)—786—0101 or (571)—272—4200.
`
`PTOL-SS (Rev. 02/11)
`
`Page 3 of 3
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and Budget
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`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
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`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon
`the individual case. Any comments on the amount of time you require to complete this form and/or suggestions
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`U.S. Department of Commerce, PO. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450, Alexandria,
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`(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information
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`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
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`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
`National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
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`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility
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`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
`of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall
`not be used to make determinations about individuals.
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed
`in an application which became abandoned or in which the proceedings were terminated and which application
`is referenced by either a published application, an application open to public inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`

`

`I
`
`I I
`
`15/918,016
`
`SUO, Toshinari
`
`PRITHAM D PRABHAKH ER
`
`2699
`
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.. This communication is responsive to claims filed on 03/12/2018.
`
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`3.. The allowed c|aim(s) is/are fl . As a result of the allowed c|aim(s), 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
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`4.. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`Certified copies:
`
`a) .All
`
`b) C] Some
`
`*c) D None of the:
`
`Certified copies of the priority documents have been received.
`1.
`2. [:1 Certified copies of the priority documents have been received in Application No.
`
`3. [:1 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( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE“ of this communication to file areply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.|:I CORRECTED DRAWINGS (as “replacement sheets“) must be submitted.
`C]
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6C] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Primary Examiner, Art Unit 2699
`
`Attachment(s)
`1.. Notice of References Cited (PTO-892)
`
`2.. Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3C] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4.!3 Interview Summary (PTO-413)
`Paper No./Mail Date.
`/PRITHAM D PRABHAKHER/
`
`Primary Examiner, Art Unit 2699
`
`5. D Examiner's Amendment/Comment
`
`6.
`
`Examiner's Statement of Reasons for Allowance
`
`7. C] Other
`
`/PRITHAM D PRABHAKHER/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`_
`Part of Paper No/Mall Date 20190716
`
`

`

`Application/Control Number: 15/918,016
`Art Unit: 2699
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`1.) Foreign Priority
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`2.) Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 03/12/2018 is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`3.) Claim Interpretation
`
`The following is a quotation of 35 U.S.C. 112(f):
`
`(f) Element in Claim for a Combination. — An element in a claim for a combination may be
`expressed as a means or step for performing a specified function without the recital of
`structure, material, or acts in support thereof, and such claim shall be construed to cover the
`corresponding structure, material, or acts described in the specification and equivalents
`thereof.
`
`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
`
`An element in a claim for a combination may be expressed as a means or step for performing
`a specified function without the recital of structure, material, or acts in support thereof, and
`such claim shall be construed to cover the corresponding structure, material, or acts
`described in the specification and equivalents thereof.
`
`Use of the word “means” (or “step for”) in a claim with functional language
`
`creates a rebuttable presumption that the claim element is to be treated in accordance
`
`

`

`Application/Control Number: 15/918,016
`Art Unit: 2699
`
`Page 3
`
`with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that
`
`35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when
`
`the function is recited with sufficient structure, material, or acts within the claim itself to
`
`entirely perform the recited function.
`
`Absence of the word “means” (or “step for”) in a claim creates a rebuttable
`
`presumption that the claim element is not to be treated in accordance with 35 U.S.C.
`
`112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f)
`
`(pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim
`
`element recites function but fails to recite sufficiently definite structure, material or acts
`
`to perform that function.
`
`Claim elements in this application that use the word “means” (or “step for”) are
`
`presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office
`
`action. Similarly, claim elements that do not use the word “means” (or “step for”) are
`
`presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office
`
`action.
`
`The claims in this application are given their broadest reasonable interpretation
`
`using the plain meaning of the claim language in light of the specification as it would be
`
`understood by one of ordinary skill in the art. The broadest reasonable interpretation of
`
`a claim element (also commonly referred to as a claim limitation) is limited by the
`
`description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is invoked.
`
`

`

`Application/Control Number: 15/918,016
`Art Unit: 2699
`
`Page 4
`
`As explained in MPEP § 2181, subsection I, claim limitations that meet the
`
`following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35
`
`U.S.C. 112, sixth paragraph:
`
`(A)
`
`the claim limitation uses the term “means” or “step” or a term used as a
`
`substitute for “means” that is a generic placeholder (also called a nonce term or a
`
`non-structural term having no specific structural meaning) for performing the
`
`claimed function;
`
`(B)
`
`the term “means” or “step” or the generic placeholder is modified by functional
`
`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for”) or another linking word or phrase, such as “configured to” or “so
`
`that”; and
`
`(C)
`
`the term “means” or “step” or the generic placeholder is not modified by
`
`sufficient structure, material, or acts for performing the claimed function.
`
`Use of the word “means” (or “step”) in a claim with functional language creates a
`
`rebuttable presumption that the claim limitation is to be treated in accordance with 35
`
`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
`
`limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
`
`paragraph, is rebutted when the claim limitation recites sufficient structure, material, or
`
`acts to entirely perform the recited function.
`
`Absence of the word “means” (or “step”) in a claim creates a rebuttable
`
`presumption that the claim limitation is not to be treated in accordance with 35 U.S.C.
`
`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
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`limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
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`paragraph, is rebutted when the claim limitation recites function without reciting
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`sufficient structure, material or acts to entirely perform the recited function.
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`Claim limitations in this application that use the word “means” (or “step”) are
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`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
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`except as otherwise indicated in an Office action. Conversely, claim limitations in this
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`application that do not use the word “means” (or “step”) are not being interpreted under
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`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise
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`indicated in an Office action.
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`This application includes one or more claim limitations that do not use the word
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`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35
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`U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
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`that is coupled with functional language without reciting sufficient structure to perform
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`the recited function and the generic placeholder is not preceded by a structural
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`modifier. Such claim limitation(s) is/are: “an imaging unit”, “a storage unit”, “a
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`communication unit”, in claims 1-6 and 8.
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`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C.
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`112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to
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`cover the corresponding structure described in the specification as performing the
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`claimed function, and equivalents thereof.
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`lf applicant does not intend to have this/these limitation(s) interpreted under 35
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`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
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`(1) amend the
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`claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA
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`35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the
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`claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s)
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`sufficient structure to perform the claimed function so as to avoid it/them being
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`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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`Claim limitations “an imaging unit”, “a storage unit”, and “a communication unit”,
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`has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth
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`paragraph, because it uses/they use a generic placeholder “an imaging unit”, “a storage
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`unit”, “a communication unit”, coupled with functional language “that images a subject”,
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`“items of setting information concerning a setting for photographing set by a user are
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`stored”, and “for communication” without reciting sufficient structure to achieve the
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`function. Furthermore, the generic placeholder is not preceded by a structural modifier.
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`Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
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`sixth paragraph, claim(s) 1-6 and 8 has/have been interpreted to cover the
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`corresponding structure described in the specification that achieves the claimed
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`function, and equivalents thereof.
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`A review of the specification shows that the following appears to be the
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`corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-
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`AIA 35 U.S.C. 112, sixth paragraph limitation:
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`Support for the structure that performs the functions of “an imaging unit” is shown
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`as being performed by a CC DD (Paragraph 0087 and Figure 2 of the publication to the
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`instant application). The structure for the “storage unit” is shown as being constituted by
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`a hard disk, a solid state drive (880), a non-volatile memory, or the like (Paragraph
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`0091 of the publication to the instant application). The structure of the “communication
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`unit” is shown as being an electronic circuit and a computer that has a processor and a
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`memory for storing the functions to be executed by the computer. Also see the
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`algorithm shown in Figures 8, 11-12 and 15-16 (Paragraphs 0036, 0038, 0040-0042,
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`0090-0092 of the publication to the instant application).
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`If applicant wishes to provide further explanation or dispute the examiner’s
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`interpretation of the corresponding structure, applicant must identify the corresponding
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`structure with reference to the specification by page and line number, and to the
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`drawing, if any, by reference characters in response to this Office action.
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`If applicant does not intend to have the claim |imitation(s) treated under 35
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`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the
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`claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,
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`sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient
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`structure, material, or acts for performing the claimed function to preclude application of
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`35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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`For more information, see MPEP § 2173 et seq. and Supplementary Examination
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`Guidelines for Determining Compliance With 35 U. S. C. 112 and for Treatment of
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`Fielated Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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`4.) Allowable Subject Matter
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`Claims 1-8 are allowed.
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`The following is an examiner’s statement of reasons for allowance:
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`In regard to independent Claim 1, the closest prior-art of record fails to teach or
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`reasonably disclose the combination of the limitations to the claim that includes, “An
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`imaging device comprising:
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`an image processor that performs predetermined image processing on the image
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`data generated by the imaging unit;
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`a controller that controls the imaging unit and the image processor, wherein
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`at a time of photographing, the controller extracts setting information
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`corresponding to a photographing scene from among the items of setting information
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`stored in the storage unit and causes an icon for selecting the extracted setting
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`information to be displazed on the displaz unit, and
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`the icon includes a thumbnail image generated based on an image acquired
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`when each of the items of the setting information set bz the user is store
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`Dependent Claims 2-6 and 8 are also allowed due to their dependence on
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`independent claim 1.
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`With regard to independent Claim 7, the closest prior-art of record fails to teach
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`or reasonably disclose the combination of the limitations to the claim that includes, “A
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`system comprising:
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`an imaging device; and
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`the server extracts setting information corresponding to the photographing scene
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`from among the items of setting information stored in the storage unit based on
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`the information to be used to determine the photographing scene and transmits
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`the extracted setting information to the imaging device,
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`the imaging device causes an icon including a thumbnail image generated based
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`on an image acquired when each of the items of setting information is stored to
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`be displayed on a display unit in order to accept selection of the received
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`setting information, and
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`the icon includes a thumbnail image generated based on an image acquired
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`when each of the items of setting information set by the unspecified user is stored.”
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`The following are the closest prior-art of record:
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`Yanagi (US Patent No.: 765645132) discloses a camera apparatus that has an
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`imaging unit, a display unit, a storage unit and a control unit. The imaging unit shoots an
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`object and outputs image data thereof. The display unit displays an image. The storage
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`unit stores shooting conditions. The control unit displays a real-time image based on the
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`image data from the imaging unit together with a plurality of selectable images for
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`identifying a plurality of shot images stored in the storage unit on the display unit;
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`selects an arbitrary one of selectable images displayed on the display unit; sets that
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`shooting condition stored in the storage unit which corresponds to the selectable image
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`selected by the selection unit as a shooting condition for a shooting operation; causes
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`the imaging unit to shoot the object according to the shooting condition