throbber
www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/891,237
`
`06/03/2020
`
`Kazuya ABE
`
`AOYA20PUSO1
`
`6293
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`BHUIYAN, FAYEZ A
`
`2698
`
`12/29/2021
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-5 and 7-8 is/are rejected.
`Claim(s) 6 is/are objectedto.
`£] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 06/03/2020 is/are: a)¥) accepted or b)() 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:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived 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(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)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211213
`
`Application No.
`Applicant(s)
`16/891,237
`ABE etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`FAYEZ A BHUIYAN
`2698
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 06/03/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Acknowledgment is made of applicant's claim for foreign priority under 35
`
`U.S.C. 119(a)-(d). The certified copy has beenfiled in parent Application No. JP2019-
`
`206669, filed on 11/15/2019.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 06/03/2020 was
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`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.
`
`5.
`
`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 madein this Office action:
`
`A person shall be entitled to a patent unless —
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 3
`
`(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.
`
`6.
`
`Claim(s) 1-3, 5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Umeyama etal. (US 2008/0284855 A1) hereinafter Umeyama.
`
`Regarding Claim 1, Umeyama teaches an imaging apparatus for capturing a
`
`subject image and recording image data on 4 recording medium (fig.i; Para 0064;
`
`camera | for capturing image and memory card 30 for recording image data}, the
`
`imaging aoparaius comprising: a recording medium connector configured to attach the
`
`recording medium detachably (Para.Q064; memory card 20 for recarding image dala
`
`connected to memory interface unit 22 and BUS unit 25); a communication host
`
`connected to the recording medium connector via 2 first cammunication bus
`
`(Para 0064: memory card 30 for recording image data connected to memoryinterface
`
`unit 22 ari BUS unit 25), configured to access the recording mediumvia the first
`
`communication bus to write data to the recording medium or read data trom the
`
`recording mecium (Para.d064; memory card 30 for recording image data connected tc
`
`memory interface unit 22 and BUS uni 25): and a processor configured fo control power
`
`supply Gig.1; Para 0061; canirolurit 17 controls the power supply}, wherein in a case
`
`where a period in which the communication host does not access the recording medium
`
`is equal to or longer than a predetermined period (Para.00138-00139; controller 17 turn
`
`off the electronic device if predetermined time elapse), the processor stops power
`
`supply to the recording medium and the recording medium connector (Para.00138-
`
`00139; controller 17 stops supplying power to all the electronic unit camera system 1),
`
`and stops power supply to the communication host (Para.00138-00139; controller 17
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 4
`
`turn off to all the electronic unit of camera system 1
`
`including wireless communication
`
`unit 24).
`
`8.
`
`Regarding Claim 2, Umeyama teachesthe imaging apparatus according to claim
`
`1, wherein the processor performs data communication with the communication hostvia
`
`a second communication bus different from the first communication bus (fig.1; control
`
`unit 17 communicates with memory card interface 22 via BUS 25; control unit 17
`
`communicate with memory card 22 via processing unit 15 are different).
`
`9.
`
`Regarding Claim 3, Umeyarna teaches the imaging apparatus according to claim
`
`7, wherein the first cormmunication bus is a dedicated bus to perform data
`
`communication with ihe recording medium in the imaging apparatus (fig. i: camera 7
`
`is
`
`canriected to the memory card inledace unit 22 and memory SO}.
`
`10.
`
`Regarding Claim 5, Umeyama teachesthe imaging apparatus according to claim
`
`1, wherein in a case where the period in which the communication host does not access
`
`the recording medium is less than the predetermined period (Para.0040-0041; controller
`
`17 only power supply when it is permitted), the processor continuously supplies power
`
`to the recording medium, the recording medium connector, and the communication host
`
`(Para.00140-0041; when user actuate the system, controller 17 supplies power to all the
`
`electronic unit).
`
`11.
`
`Regarding Claim 8, KATOH teaches same as Claim 1.
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 5
`
`Claim Rejections - 35 USC § 103
`
`12.
`
`—_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.
`
`13.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that
`the claimed invention is not identically disclosed as set forth in section
`102, 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 effectivefiling date of the claimed invention to a person having
`ordinaryskill in the art to which the claimed invention pertains.
`Patentability shall not be negated by the manner in which the invention
`was made.
`
`14.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over
`
`Umeyama et al. (US 2008/0284855 A1) hereinafter Umeyama in view of
`
`Fujihashi (US 964472 B2).
`
`15.
`
`Regarding Claim 4, Limeyama teaches the imaging acparatus according to claim
`
`1, wherein
`
`Umeyama does not teach the predetermined period is longer than a continuous
`
`shooting interval at which the image data is shot continuously.
`
`Fujihashi teaches the predetermined period is longer than a continuous shooting
`
`interval at which the image data is shot continuously (fig.9A-9B; Para.0033;
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 6
`
`predetermined period which is the sleep period T4 longer than continue shooting
`
`interval T35 or T35).
`
`Therefore, It would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to modify Umeyama to
`
`include the predetermined period is longer than a continuous shooting interval at which
`
`the image data is shot continuously as taught by Fujihashi to improve image capturing
`
`(see background).
`
`16.
`
`Claim 7 is rejected as being unpatentable over Umeyama and Fujihashi further in
`
`view of Hirouchi (US 2016/0224097A1).
`
`17.
`
`Regarding Claim 7, Umeyama and Fujihashi teach the imaging apparatus
`
`according to claim 1, wherein:
`
`Umeyama and Fujihashi do not teachthe first communication bus is a bus
`
`conforming to a PCI Express standard; and the communication host is a root complex
`
`device in the PCI Express standard.
`
`Hirouchi teachesthe first communication bus is a bus conforming to a PCI
`
`Express standard (fig.1; Para.0023; PCle root complex 114 uses 160 to communicate
`
`with controller 120); and the communication host is a root complex device in the PCI
`
`Express standard (fig.1; Para.0023; PCle root complex 114).
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 7
`
`Therefore, It would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to modify Umeyama and
`
`Fujihashi to include the first communication bus is a bus conforming to a PCI Express
`
`standard; and the communication hostis a root complex device in the PCI Express
`
`standard as taught by Hirouchi to improve image capturing (see background).
`
`Allowable Subject Matter
`
`18.
`
`Claim 6 is objected to as being dependent upon a rejected base claim, but would
`
`be allowable if rewritten in independent form including all of the limitations of the base
`
`claim and any intervening claims.
`
`19.—Any inquiry concerning this communication or earlier communications from the
`
`Conclusion
`
`examiner should be directed to FAYEZ A BHUIYAN whosetelephone number is
`
`(571)270-1562. The examiner can normally be reached on 9:00 - 6:00 M-F.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Twyler Haskins can be reached on 571-272-7406. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for published
`
`

`

`Application/Control Number: 16/891,237
`Art Unit: 2698
`
`Page 8
`
`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`moreinformation about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`FAYEZ A. BHUIYAN
`Examiner
`Art Unit 2698
`
`/JASON A FLOHRE/
`Primary Examiner, Art Unit 2696
`
`

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