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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/911,464
`
`06/25/2020
`
`Koji SHIBUNO
`
`AOYA22PUSO01
`
`8030
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`NGUYEN, LUONG TRUNG
`
`2698
`
`06/15/2022
`
`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*
`1-5 and 7-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J Claim(s)__ is/are allowed.
`Claim(s) 1-5,7 and 9 is/are rejected.
`Claim(s) 8 is/are objectedto.
`1) Claim(s
`are subject to 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) The specification is objected to by the Examiner.
`11)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) 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:
`cc) None ofthe:
`b)L) Some**
`a)D) All
`1.1) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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 20220608
`
`Application No.
`Applicant(s)
`16/911,464
`SHIBUNO, Koji
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`LUONG T NGUYEN
`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 3/29/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J 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: 16/911,464
`Art Unit: 2698
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statements (IDS) submitted on 01/14/2022 are is in compliance with
`
`the provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis being considered by
`
`the examiner.
`
`Response to Arguments
`
`3.
`
`Applicant’s arguments with respect to claims 1-5, 7, 9 filed on 03/29/2022 have been considered
`
`but are moot because the new ground ofrejection doesnot rely on any reference applied in the prior
`
`rejection of record for any teaching or matter specifically challenged in the argument.
`
`4.
`
`Claims 1-5, 7-9 are objected to becauseof the following informalities:
`
`Claim Objections
`
`Claim 1 (line 10), “a focus state-” should be changedto --a focus state--.
`
`Claim 1 (line 15), “area-” should be changed to --area--.
`
`Claim 1 (line 16), “shift a position” should be changed to --shift the position--.
`
`Claim 1 (line 19), “a position” should be changedto --the position--.
`
`Claim 1 (line 21), “after the shift” should be changed to --after a shift--.
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 3
`
`Claims 2-5, 7-9 are objected as being dependentfrom claim 1.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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-AlA 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 ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under eitherstatus.
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`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
`effective filing 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.
`
`7.
`
`Claims 1, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner et al. (US
`
`9,477,138) in view of Igarashi et al. (US 2005/0189419) further in view of ITO (US 2017/0347017) and
`
`Moriya et al. (US 2004/0036792).
`
`Regarding claim 1, Bruner etal. discloses an imaging apparatus, comprising:
`
`an imager(image sensor 205, figures 2A-2C, 14, column 3, lines 45-67; column 8, lines 37-67)
`
`configured to capture a subject image formed via an optical system (lens assembly 215, figures 2A-2C,
`
`14, column 3, lines 45-67; column 8, lines 37-67) including a focus lens (focus lens included in lens
`
`assembly 215, figures 2A-2C, 14, column 3, lines 45-67; column 8, lines 37-67), to generate image data;
`
`a display (display 1410, figures 1, 14, column 1, lines 35-50; column 8, lines 37-67) configured to
`
`display an imageindicated by the image data;
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 4
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`user interface (user interface 1415, figures 3, 14, column 4, lines 6-19; column 4 line 46 - column
`
`5, line 23; column 8, lines 37-67) configured to receive a user operation;
`
`a controller (processor 1405, figures 2A-2C, 3, 5, 8, 14; column 3, lines 45-67; column 4,lines 6-
`
`19; column 4,line 46 - column 5,line 23; column 8, line 37 — column 9, line 34) configured to control a
`
`focusing operation for adjusting a position of the focus lens along the optical axis in the optical system
`
`according to an evaluation value for a focus state, wherein
`
`in responseto the user operation in a case where a first subject (flower 110, figure 1, column 1,
`
`lines 25-50) and a second subject (grass 115, figure 1, column 1, lines 25-50) having a different distance
`
`from the imaging apparatus than the first subject are within an autofocus area (autofocus area 105,
`
`figure 1, column 1, lines 25-50), the controller is operable to shift the position of the focus lens (the
`
`autofocus system judges the lens position needed to bring the background grassinto focus as proper,
`
`figure 1, column 1, lines 25-50).
`
`Bruner etal. fails to disclose user interface configured to receive a user operation selecting a
`
`direction from twodirections along an optical axis to reduce or increase a distance to a subject to be
`
`focused automatically.
`
`However, Igarashi et al. discloses user interface (long distance button 202 and short distance
`
`button 204, figures 1-2, 5A-5B, paragraphs [0010], [0069]-[0073]) configured to receive a user operation
`
`selecting a direction from two directions along an optical axis to reduce or increase a distance to a
`
`subject to be focused automatically.
`
`Therefore, it would have been obvious to one of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al. and Igarashi et al. by the
`
`teaching of ITO in order to enable the user can execute image capturing as intended by selecting a
`
`correct main object distance (paragraph [0073]).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 5
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`Bruner et al. and Igarashi et al. fail to disclose the controller is operable to shift the position of
`
`the focus lens by a shift width from a current position of the focus lens to a start position toward the
`
`direction indicated by the user operation among twodirections along the optical axis, the start position
`
`being a position of the focus lens for starting the focusing operation, and cause the focusing operation
`
`to start from the start position after the shift.
`
`However, ITO discloses the controller is operable to shift the position of the focus lens by a shift
`
`width (the difference “delta” or initial position driving “init_drv’driving, figure 5, step S407, S410,
`
`paragraphs [0058], [0060]) from a current position (current position offocus lens “pos_now”, figure 5,
`
`paragraphs [0058], [0060]) of the focus lens to a start position (an initial position that is a start position,
`
`figure 5, paragraphs [0058], [0060]) toward the direction selected by the user operation to reduce or
`
`increase a distance to a subject to be focused (which is disclosed in Igarashi etal., figures 1-2, 5A-5B,
`
`paragraphs [0010], [0069]-[0073]), the start position being a position of the focus lens for starting the
`
`focusing operation (figure 5, paragraphs [0058], [O060]), and cause the focusing operation to start from
`
`the start position after the shift (END, to “start scan driving,” figure 5, paragraphs [0058], [0060]).
`
`Therefore, it would have been obvious to one of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner et al. and Igarashi et al. by the
`
`teaching of ITO in order to enable the AF speed to be increased (paragraph [0071)).
`
`Bruner etal., Igarashi et al. and ITO fail to disclose wherein the controller is operable to cause
`
`the display to display a graph indicating the evaluation value for a focus state in each position of the
`
`focus lens.
`
`However, Moriya et al. discloses wherein the controller is operable to cause the display to
`
`display a graph indicating the evaluation value for a focus state in each position of the focus lens (a
`
`graph of the focus evaluation value is displayed on a monitor, figures 4, 6-8, paragraphs [0008], [0073]-
`
`[0075]).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 6
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Bruner etal., Igarashi et al. and ITO by the
`
`teaching of Moriya etal. in order to enable an operator to readily obtain information on the focus
`
`evaluation value in a case such as an AF malfunction and thereby referring to the information to
`
`elucidate the cause of the AF malfunction (see abstract).
`
`Regarding claim 7, Brunner et al. discloses wherein in responseto the instruction given during
`
`an operation of continuously repeating the focusing operation, the controller is operable to shift the
`
`position of the focus lens and perform the focusing operation again (figure 3, column 4, lines 6-19;
`
`column 4,line 46 - column 5,line 23).
`
`8.
`
`Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner et al. (US
`
`9,477,138) in view of Igarashi et al. (US 2005/0189419) and ITO (US 2017/0347017) further in view of
`
`Moriya et al. (US 2004/0036792) and Onozawa (US 7,324,151).
`
`Regarding claim 2, Brunner etal., Igarashi et al., ITO and Moriya etal. fail to disclose wherein
`
`the controller is operable to move the focus lens according to a user operation input to the user
`
`interface with the graph being displayed.
`
`However, Onozawadiscloses wherein the controller is operable to movethe focus lens
`
`according to a user operation input to the user interface with the graph being displayed (figures 1-5,
`
`column 5, line 55 — column 6,line 21).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Bruner etal., Igarashi et al. and ITO and
`
`Moriya et al. by the teaching of Onozawain order to allow a user can recognize and confirm the past
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 7
`
`and the current focusing conditions on the LCD by an objective evaluation method (column 6,lines 19-
`
`21).
`
`Regarding claim 3, Brunner etal., Igarashi et al., ITO and Moriyaetal. fail to disclose wherein
`
`the controller is operable to cause the display to display a pointer.
`
`However, Onozawadiscloses wherein the controller is operable to cause the display to display a
`
`pointer (bar 123, figures 2-3, column 3, line 60 — column 4, line 15) indicating a current position of the
`
`focus lens in the graph.
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Bruner etal., Igarashi et al. and ITO and
`
`Moriya et al. by the teaching of Onozawain order to allow a user can recognize and confirm the past
`
`and the current focusing conditions on the LCD by an objective evaluation method (column 6,lines 19-
`
`21).
`
`Regarding claim 4, Brunner etal., Igarashi et al., ITO and Moriya etal. fail to disclose wherein
`
`the controller is operable to cause the display to display a marker.
`
`However, Onozawadiscloses wherein the controller is operable to cause the display to display a
`
`marker (bar 123, figures 2-3, column 3, line 60 — column 4,line 15) indicating a focus position detected
`
`by the focusing operation in the graph.
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Bruner etal., Igarashi et al. and ITO and
`
`Moriya et al. by the teaching of Onozawain order to allow a user can recognize and confirm the past
`
`and the current focusing conditions on the LCD by an objective evaluation method (column 6,lines 19-
`
`21).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 8
`
`9.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner etal. (US 9,477,138)
`
`in view of Igarashi et al. (US 2005/0189419) and ITO (US 2017/0347017) further in view of Moriya etal.
`
`(US 2004/0036792) and Onozawa (US 7,324,151) and CHEONG etal. (US 2016/0103830).
`
`Regarding claim 5, Brunner etal., Igarashi et al., TO, Moriya et al. and Onozawafail to disclose
`
`wherein the marker includes a thumbnail image based on the image data generated bythe imager at
`
`the focus position.
`
`However, CHEONG etal. discloses wherein the marker includes a thumbnail image based on
`
`the image data generated by the imager at the focus position (CHEONG etal. discloses a thumbnail
`
`correspondingto a position of the scene marker whichis closest to the current pause position 110is
`
`displayed, figures 1A-1D, 3A-3D, paragraphs [0055], [0069]-[0070)).
`
`Therefore, it would have been obvious to one of ordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner etal., Igarashi et al., ITO and Moriya
`
`et al. fail to disclose by the teaching of CHEONG etal. in order to let a user to visually select a desire
`
`scene to befocus.
`
`10.
`
`Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Brunner etal. (US 9,477,138)
`
`in view of Igarashi et al. (US 2005/0189419) and ITO (US 2017/0347017) further in view of Moriya etal.
`
`(US 2004/0036792) and Matsumoto (US 2019/0394409).
`
`Regarding claim 9, Brunner etal., Igarashi et al., and Moriya etal. fail to disclose wherein the
`
`user interface is operable to receive the user operation on the displayed graph for pointing the position
`
`of the focus lens in the displayed graph, and
`
`the controller is operable to move the focus lens to the pointed position according to the user
`
`operation on the displayed graph.
`
`However, Matsumoto discloses disclose wherein
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 9
`
`the user interface (display unit 28, figures 2A, 3, paragraphs [0025], [0061]-[0071]) is operable to
`
`receive a user operation on the displayed graph (bar 305, figures 2A, 3, paragraphs [0025], [0061]-
`
`[0071]) for pointing a position of the focus lens (focus distance indicator 305 indicates a position of focus
`
`lens, figure 3, paragraphs [0025], [0071], [0075]) in the displayed graph, and
`
`the controller is operable to move the focus lens to the pointed position according to the user
`
`operation on the displayed graph (figure 3, paragraphs [0025], [0071]-[0075]).
`
`Therefore, it would have been obvious to one ofordinaryskill in the art before the effective
`
`filing date of the claimed invention to modify the device in Brunner etal., Igarashi et al., and Moriya et
`
`al. by the teaching of Matsumotoin order to provide an electronic device capable of appropriately
`
`assisting focus adjustment operation made by a user in accordance with the properties of a lens unit
`
`(paragraph [0005)).
`
`Allowable Subject Matter
`
`11.
`
`Claim 8 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 anyintervening
`
`claims.
`
`Conclusion
`
`12.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
`
`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
`
`extension of time policy as set forth in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 10
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
`
`the mailing date of this action.
`
`In the eventa first reply is filed within TWO MONTHS ofthe mailing date
`
`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
`
`shortened statutory period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
`
`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
`
`SIX MONTHS from the date of this final action.
`
`13.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to LUONG TRUNG NGUYEN whose telephone number is (571)272-7315. The
`
`examiner can normally be reached on 7:30AM-5:00PM, MONDAY- THURSDAY.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request(AIR) at http://www.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 proceedingis 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 applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
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`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private PAIR system, contact
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`the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
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`

`

`Application/Control Number: 16/911,464
`Art Unit: 2698
`
`Page 11
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`USPTO Customer Service Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/LUONG T NGUYEN/
`Primary Examiner, Art Unit 2698
`6/10/2022
`
`