UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/223,537
`
`12/18/2018
`
`Yoshio OHTSUKA
`
`PANDP0317US
`
`7755
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 441 15
`
`TRAN L01 H
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/18/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`ipdoeket@rennerotto.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/223,537
`Examiner
`LOI H TRAN
`
`Applicant(s)
`OHTSUKA, Yoshio
`Art Unit
`AIA (FITF) Status
`2484
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 12/18/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)I:l Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.[:] 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
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mai| Date 12/18/2018, 08/30/2019
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191029
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under
`
`the first inventor to file provisions of the AIA.
`
`2.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`This communication is in response to Application No. 15/223,537. Claims 1-9 have been
`
`examined.
`
`Claim Interpretation under 35 USC § 1 12
`
`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.
`
`3.
`
`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) is invoked.
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 3
`
`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):
`
`(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). The presumption that the claim limitation is interpreted under 35 U.S.C.
`
`112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to
`
`entirely perform the recited function.
`It
`
`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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f)
`
`is rebutted when the claim limitation recites function without reciting sufficient structure,
`
`material or acts to entirely perform the recited function.
`
`Claim limitations in this application that use the word “means” (or “step”) are being
`
`interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
`
`Conversely, claim limitations in this application that do not use the word “means” (or
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 4
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`“step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in
`
`an Office action.
`
`4.
`
`This application includes one or more claim limitations that do not use the word
`
`“means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because each of
`
`the claim limitations uses a generic placeholder that is coupled with functional language
`
`without reciting sufficient structure to perform the recited function and the generic
`
`placeholder is not preceded by a structural modifier. Such claim limitations are: a setting
`
`unit, a selector, a control unit in claims 1-9.
`
`Because these claim limitations are being interpreted under 35 U.S.C. 112(f) they
`
`are being interpreted to cover the corresponding structure described in the specification
`
`as performing the claimed function, and equivalents thereof.
`
`lf applicant does not intend to have these limitations interpreted under 35 U.S.C.
`
`112(f) applicant may:
`
`(1) amend the claim limitations to avoid them being interpreted
`
`under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed
`
`function); or (2) present a sufficient showing that the claim limitations recite sufficient
`
`structure to perform the claimed function so as to avoid them being interpreted under 35
`
`U.S.C.112(f).
`
`Claim Rejections - 35 USC § 1 12
`
`5.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 5
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`6.
`
`Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to
`
`particularly point out and distinctly claim the subject matter which the inventor or a joint
`
`inventor regards as the invention.
`
`7.
`
`Claim 1 recites “wherein the control unit is configured also to carry out, at time of
`
`recording the sound signals, at least any one of the following operations (i) to (iii) when
`
`the number of channels is set to four:
`
`(i) the control unit, according to a second format different from the first format,
`
`records sound data generated based on the selected sound signals for four channels,
`
`respectively, on four sound tracks included in a video file so that each piece of the sound
`
`data for one channel is allocated to a corresponding one of the sound tracks;
`
`(ii) the control unit, according to the first format, records first sound data generated
`
`based on one set of sound signals for two channels selected out of sets of the selected
`
`sound signals for four channels, on one sound track included in a video file, and,
`
`according to a third format different from the first format, records also second sound data
`
`generated based on an other set of sound signals for two channels selected out of the
`
`sets of the selected sound signals for four channels, in a sound file; and
`
`(iii)
`
`the control unit, according to the first format, records third sound data
`
`generated based on one set of sound signals for two channels selected out of sets of the
`
`selected sound signals for four channels, in a first video file such that the third sound data
`
`is associated with first image data, and, according to a fourth format different from the
`
`first format, records also fourth sound data generated based on an other set of sound
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`signal for two channels selected out of the sets of the selected sound signals for four
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 6
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`channels, in a second video file such that, the fourth sound data is associated with second
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`image data different from the first image data”.
`
`It is not clear, when the number of channels is set to four, what step(s) to perform
`
`among the (i), (ii), and (iii) steps. Further, it is also not clear as to the meaning of “records
`
`also second sound data generated based on an other set of sound signals for two
`
`channels selected out of the sets of the selected sound signals for four channels” and
`
`“records also fourth sound data generated based on an other set of sound signal for two
`
`channels selected out of the sets of the selected sound signals for four channels”. The
`
`two channels could be the remaining unselected channels or a particular combination of
`
`two channels.
`
`Claim 2 recites “wherein the control unit is configured not to operate at time of
`
`recording the sound signals such that when the number of channels is set to four, the
`
`control unit records first sound data generated based on one set of sound signals for two
`
`channels selected out of sets of the selected sound signals for four channels and second
`
`sound data generated based on an other sets of sound signals for two channels selected
`
`out of the sets of the selected sound signals for four channels, on two sound tracks
`
`included in one video file, respectively, in accordance with the first format”.
`
`The control unit appears to not operate when the number of channels is set to four,
`
`and then performs, i.e., operates, to record sound data based on the selected sound
`
`signal for four channels. There is contradiction in the claim. Similarly to claim 1 above,
`
`“record second sound data generated based on an other sets of sound signals for two
`
`channels selected out of the sets of the selected sound signals for four channels“ is
`
`unclear.
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 7
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`Therefore claims 1-9 are deemed indefinite.
`
`Claim Rejections - 35 USC § 102
`
`8.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) 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.
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the patent
`or application, as the case may be, names another inventor and was effectively filed before the
`effective filing date of the claimed invention.
`
`If the exception under 35 U.S.C. 102(b)(2)(C) is properly invoked, a disqualified U.S.
`patent document is not prior art under 35 U.S.C. 102(a)(2) as of its effectively filed date (for both
`anticipation and obviousness rejections), but it may still be used as prior art under 35 U.S.C.
`102(a)(1) as of its publication or issue date. In addition, the examiner may make a subsequent,
`new double patenting rejection based upon the disqualified reference. See MPEP 717.02 and
`2154.02.
`
`9.
`
`Claims 1-4, 6, 7, and 9 are rejected under AIA 35 U.S.C. 102a(1)(2) as being
`
`anticipated by Yliaho et al. (US Publication 2015/0317981, hereinafter Yliaho).
`
`Regarding claim 1, Yliaho discloses an imaging apparatus comprising:
`
`a setting unit that accepts setting of a number of channels for sound signals to be
`
`recorded (Yliaho, figs 8-9, and 15, para’s 0044 and 0056, selecting a number of
`
`channels);
`
`a selector that selects the sound signals having the number of channels (Yliaho,
`
`fig. 3, 8-9, para’s 01 15-0143, a unit for selecting audio signals with a number of channels);
`
`and
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 8
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`a control unit that controls recording of the selected sound signals, wherein the
`
`control unit is configured to operate at time of recording the sound signals such that when
`
`the number of channels is set to two, the control unit, according to a first format, records
`
`sound data generated based on the selected sound signals for two channels, on one
`
`sound track included in a video file (Yliaho, para’s 0005-0009, a unit for receiving at least
`
`two output audio signal tracks and generating at least one combined output audio signal
`
`track; para. 0014, a camera configured to generate a video format signal, wherein the file
`
`processor configured to link the at least two output audio signal tracks within a file
`
`structure may be configured to generate a data structure linking the at least two output
`
`audio signal tracks with the video formats/gnal), and wherein the control unit is configured
`
`also to carry out, at time of recording the sound signals, at least any one of the following
`
`operations (i) to (iii) when the number of channels is set to four:
`
`(i) the control unit, according to a second format different from the first format,
`
`records sound data generated based on the selected sound signals for four channels,
`
`respectively, on four sound tracks included in a video file so that each piece of the sound
`
`data for one channel is allocated to a corresponding one of the sound tracks (Yliaho,
`
`para’s 0005-0009, a unit for receiving from at least two microphones at least two audio
`
`signals, i. e., receiving four audio signals, generating separate output audio signal tracks,
`
`i. e., four separate audio signal tracks, from the received four audio signals);
`
`(ii) the control unit, according to the first format, records first sound data generated
`
`based on one set of sound signals for two channels selected out of sets of the selected
`
`sound signals for four channels, on one sound track included in a video file, and,
`
`according to a third format different from the first format, records also second sound data
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 9
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`generated based on an other set of sound signals for two channels selected out of the
`
`sets of the selected sound signals for four channels, in a sound file; and
`
`(iii)
`
`the control unit, according to the first format,
`
`records third sound data
`
`generated based on one set of sound signals for two channels selected out of sets of the
`
`selected sound signals for four channels, in a first video file such that the third sound data
`
`is associated with first image data, and, according to a fourth format different from the
`
`first format, records also fourth sound data generated based on an other set of sound
`
`signal for two channels selected out of the sets of the selected sound signals for four
`
`channels, in a second video file such that, the fourth sound data is associated with second
`
`image data different from the first image data.
`
`Regarding claim 2, Yliaho discloses an imaging apparatus comprising:
`
`a setting unit that accepts setting of a number of channels for sound signals to be
`
`recorded (Yliaho, figs 8-9, and 15, para’s 0044 and 0056, selecting a number of
`
`channels);
`
`a selector that selects the sound signals having the number of channels (Yliaho,
`
`fig. 3, 8-9, para’s 01 15-0143, a unit for selecting audio signals with a number of channels);
`
`and
`
`a control unit that controls recording of the selected sound signals, wherein the
`
`control unit is configured to operate at time of recording the sound signals such that when
`
`the number of channels is set to two, the control unit, according to a first format, records
`
`sound data generated based on the selected sound signals for two channels, on one
`
`sound track included in a video file (Yliaho, para’s 0005-0009, a unit for receiving at least
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 10
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`two output audio signal tracks and generating at least one combined output audio signal
`
`track; para. 0014, a camera configured to generate a video format signal, wherein the file
`
`processor configured to link the at least two output audio signal tracks within a file
`
`structure may be configured to generate a data structure linking the at least two output
`
`audio signal tracks with the video formatsignal), and wherein the control unit is configured
`
`not to operate at time of recording the sound signals such that when the number of
`
`channels is set to four, the control unit records first sound data generated based on one
`
`set of sound signals for two channels selected out of sets of the selected sound signals
`
`for four channels and second sound data generated based on an other sets of sound
`
`signals for two channels selected out of the sets of the selected sound signals for four
`
`channels, on two sound tracks included in one video file, respectively, in accordance with
`
`the first format (Yliaho, para’s 0005-0009, a unit for receiving at least two output audio
`
`signal tracks and generating at least one combined output audio signal track; para. 0014,
`
`a camera configured to generate a video format signal, wherein the file processor
`
`configured to link the at least two output audio signal tracks within a file structure may be
`
`configured to generate a data structure linking the at least two output audio signal tracks
`
`with the video format signal).
`
`Regarding claim 3, Yliaho discloses the imaging apparatus according to claim 1,
`
`wherein the selector includes an analog-to-digital
`
`(A/D) converter that subjects the
`
`selected sound signals to A/D conversion (Yliaho, fig. 1, A/D converter 14).
`
`Regarding claim 4, Yliaho discloses the imaging apparatus according to claim 1,
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`further comprising at least one of:
`
`Page 11
`
`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming second sound signals from a
`
`second microphone; and
`
`a second input terminal configured to receive incoming third sound signals from a
`
`third microphone, wherein the sound signals include at least any one set of the first sound
`
`signals, the second sound signals, and the third sound signals (Yliaho, fig. 1, para’s 0005-
`
`0009, a unit for receiving from at least two microphones at least two audio signals, i. e.,
`
`receiving three audio signals from three microphones, generating separate output audio
`
`signal tracks, i. e., four separate audio signal tracks, from the received four audio signals;
`
`microphone A/D interface as shown in fig. 1 indicates first input terminal and second input
`
`terminal for receiving incoming second audio signal and incoming third audio signal).
`
`Regarding claim 6, Yliaho discloses the imaging apparatus according to claim 2,
`
`wherein the selector includes an analog-to-digital
`
`(A/D) converter that subjects the
`
`selected sound signals to A/D conversion (Yliaho, fig. 1, A/D converter 14).
`
`Regarding claim 7, Yliaho discloses the imaging apparatus according to claim 2,
`
`further comprising at least one of:
`
`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming d sound signals from a second
`
`microphone; and
`
`a second input terminal configured to receive incoming third sound signals from a
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 12
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`third microphone, wherein the sound signals include at least any one set of the first sound
`
`signals, the second sound signals, and the third sound signals (Yliaho, fig. 1, para’s 0005-
`
`0009, a unit for receiving from at least two microphones at least two audio signals, i. e.,
`
`receiving three audio signals from three microphones, generating separate output audio
`
`signal tracks, i. e., four separate audio signal tracks, from the received four audio signals;
`
`microphone A/D interface as shown in fig. 1 indicates first input terminal and second input
`
`terminal for receiving incoming second audio signal and incoming third audio signal).
`
`Regarding claim 9, Yliaho discloses the imaging apparatus according to claim 1,
`
`further comprising:
`
`a first microphone that receives incoming sounds to output first sound signals;
`
`a first input terminal configured to receive incoming second sound signals from a
`
`second microphone; and
`
`a second input terminal configured to receive incoming third sound signals from a
`
`third microphone, wherein the control unit is configured to operate such that when the
`
`number of channels is set to four, the control unit, according to the second format, records
`
`the sound data generated based on the selected sound signals for four channels,
`
`respectively, on the four sound tracks included in the video file so that each piece of sound
`
`data for one channel is allocated to a corresponding to one of the sound tracks (Yliaho,
`
`para’s 0005-0009, a unit for receiving from at least two microphones at least two audio
`
`signals, i. e., receiving four audio signals, generating separate output audio signal tracks,
`
`i. e., four separate audio signal tracks, from the received four audio signals), and wherein
`
`the sound signals are either a combination of the first sound signals and second signals
`
`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 13
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`or a combination of the second sound signals and the third sound signals, the combination
`
`being selected by the selector (Yliaho, figs 3, 8-9, para’s 0005-0009, para’s 0115-0143
`
`a unit for receiving at least two output audio signal tracks, selecting the audio signals,
`
`and generating at least one combined output audio signal track).
`
`Claim Rejections - 35 USC § 103
`
`10.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to be
`patented and the prior art are such that the subject matter as a whole would have been obvious
`at the time the invention was made to a person having ordinary skill
`in the art to which said
`subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459
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`(1966), that are applied for establishing a background for determining obviousness under
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`35 U.S.C. 103(a) are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
`4. Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
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`11.
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`Claims 5 and 8 are rejected under AIA 35 U.S.C. 103(a) as being unpatentable
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`over Yliaho, as applied to claims 4 and 7 above, in view of Heinrich et al. (US
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`Publication 2017/0180860, hereinafter Heinrich).
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`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 14
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`Regarding claim 5, Yliaho discloses the imaging apparatus according to claim 4,
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`wherein the first microphone is placed inside the imaging apparatus (see Yliaho, fig. 2,
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`mic is located inside the device).
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`Yliaho does not explicitly disclose the first input terminal is a hot shoe configured
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`to connect to an external accessory
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`Heinrich discloses the first input terminal is a hot shoe configured to connect to an
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`external accessory (Heinrich, para. 0035, securing a microphone to a hot-shoe adapter
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`of an imaging device).
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`It would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the claimed invention to incorporate Heinrich teachings of securing a
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`microphone to a hot-shoe adapter of an imaging device into Yliaho’s invention for
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`reducing the risk of picking up vibration noises caused by movement of the imaging
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`device.
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`Examiner's notes
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`The referenced citations made in the rejection(s) above are intended to exemplify
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`areas in the prior art document(s) in which the examiner believed are the most relevant
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`to the claimed subject matter. However, it is incumbent upon the applicant to analyze the
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`prior art document(s) in its/their entirety since other areas of the document(s) may be
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`relied upon at a later time to substantiate examiner's rationale of record. A prior art
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`reference must be considered in its entirety, i.e., as a whole, including portions that teach
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`away from the claimed invention. W.L. Gore & Associates Inc. vs Garlock Inc, 721 F.2d
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`1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
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`

`

`Application/Control Number: 16/223,537
`Art Unit: 2484
`
`Page 15
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`However, "the prior art's mere disclosure of more than one alternative does not constitute
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`a teaching away from any of these alternatives because such disclosure does not criticize,
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`discredit, or otherwise discourage the solution claimed
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`In re Fulton, 391 F.3d 1195,
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`1201, 73 USPQZd 1141, 1146 (Fed. Cir. 2004).
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`Conclusion
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`12.
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`Any inquiry concerning this communication or earlier communications from the
`
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`Application/Control Number: 16/223,537
`Art Unit: 2484
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`Page 16
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`/LO| H TRAN/
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`Primary Examiner, Art Unit 2484
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`