UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/506,208
`
`04/04/2012
`
`Ji Shen
`
`PIT-114US
`
`3359
`
`7590
`23122
`RATNERPRESTIA
`P.O. BOX980
`VALLEY FORGE, PA 19482-0980
`
`11/06/2012
`
`EXAMINER
`
`RUST, ERICA
`
`ART UNIT
`
`PAPER NUMBER
`
`2674
`
`MAIL DATE
`
`DELIVERY MODE
`
`11/06/2012
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
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`AVER EXHIBIT 1017
`Page 1 of 13
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`

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`Office Action Summary
`
`Application No.
`
`13/506,208
`
`Examiner
`
`Applicant(s)
`
`SHEN ET AL.
`
`Art Unit
`
`2674
`ERIC A. RUST
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, 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.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1 )IZ! Responsive to communication(s) filed on 26 September 2012.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 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)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 Ex parte Quayle, 1935 C. D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)[8J Claim(s) 1-20 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)[8J Claim(s) 1-2 and 4-20 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`* If any claims have been determined allowable, 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
`htt.Q:I/www.us_gto.gov/Qatents/init events/ooh/index.jsQ or send an inquiry to PPHfeedback@us..Qto.gov.
`
`Application Papers
`
`1 0)0 The specification is objected to by the Examiner.
`11 )IZ! The drawing(s) filed on 26 September 2012 is/are: a)IZ! accepted or b)O 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)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 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) [8J Notice of References Cited (PT0-892)
`
`2) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 04/04/2012.
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 09·12)
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20121031
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`1.
`
`Claims 1-20 are pending in this application.
`
`DETAILED ACTION
`
`Page 2
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`Claim Rejections - 35 USC § 103
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`2.
`
`The following is a quotation of 35 U.S.C. 1 03(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 1 02 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.
`
`3.
`
`Claims 1-2 and 4-5 are rejected under 35 U.S.C. 1 03(a) as being unpatentable
`
`over U.S. Patent Application Publication No. 2006/0012830 A 1 to Aiso in view of U.S.
`
`Patent No. RE42,898 E to Shimizu et al. (hereinafter, Shimizu).
`
`In regard to claim 1, Aiso discloses a method of acquiring an image of a target
`
`to provide an output video image comprising a plurality of frame images, the method
`
`comprising: connecting a slave digital image sensing unit to a master personal
`
`processor, the master personal processor receiving a series of frame images from the
`
`slave digital image sensing unit (Aiso, Abstract, and Fig. 7);
`
`displaying and/or storing the manipulated series of frame images as an output
`
`video image without changing resolution of the output frame images (Aiso, Abstract,
`
`Fig. 7, and [0043]),
`
`wherein the slave digital image sensing unit is removably connected to the
`
`master personal processor via a master personal processor port (Aiso, [0043]).
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 3
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`Aiso does not disclose using the master personal processor to manipulate the
`
`series of frame images, including zooming in or out without changing resolution of the
`
`frame images.
`
`Shimizu, however, discloses manipulating images, including zooming in or out
`
`without changing resolution of the frame images (Shimizu, col. 5, lines 30-51,
`
`preserve zoom image with same size and resolution).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Shimizu with the disclosure of Aiso in order to
`
`preserve output images to the same size and resolution to the standard angle view
`
`(Shimizu, col. 5, lines 30-51).
`
`In regard to claim 2, which depends from claim 1, neither Aiso nor Shimizu
`
`disclose executing the manipulation in response to a user request in real time.
`
`The Examiner, however, takes Official Notice that executing the manipulation in
`
`response to a user request in real time is well known and expected in the art, and it
`
`would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`modify the cited references for such.
`
`One of ordinary skill in the art would have been motivated to modify the cited
`
`references in such a way so as to give the user more options.
`
`In regard to claim 4, which depends from claim 3, Aiso discloses wherein the
`
`personal processor is housed in an external personal computer, further comprising
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
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`Page 4
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`using an external personal computer to provide the processor used to manipulate the
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`series of frame images (Aiso, Fig. 1 and Fig. 3).
`
`In regard to claim 5, which depends from claim 4, Aiso discloses wherein the
`
`manipulation further comprises at least one of the operations selected from the group
`
`consisting of: re-sizing the image; panning the image in a selected direction; rotating the
`
`image in a selected direction and annotating the image (Aiso, Fig. 3, correct
`
`positional shift).
`
`4.
`
`Claims 6-7 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over Aiso
`
`and Shimizu in view of U.S. Patent Application Publication No. 2005/0177783 A 1 to
`
`Agrawala et al. (hereinafter, Agrawala).
`
`In regard to claim 6, which depends from claim 5, neither Aiso nor Shimizu
`
`disclose wherein annotating an image is conducted during re-sizing the image.
`
`Agrawala, however, discloses wherein annotating an image is conducted during
`
`re-sizing the image (Agrawala, [0043]- [0043]).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Agrawala with the disclosure of Shimizu and Aiso
`
`in order to enable the user to add annotations similar in size to the existing document
`
`information (Agrawala, [0042]).
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 5
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`In regard to claim 7, which depends from claim 5, Shimizu discloses wherein
`
`the at least one operation is conducted without changing a resolution of the output
`
`frame images (Shimizu, col. 5, lines 30-51 ).
`
`5.
`
`Claims 8-9, 12-13, and 16 are rejected under 35 U.S.C. 1 03(a) as being
`
`unpatentable over Aiso in view of U.S. Patent Application Publication No. 2005/0206912
`
`A 1 to Megawa et al. (hereinafter, Megawa).
`
`In regard to claim 8, Aiso discloses a method of acquiring an image of a target
`
`comprising:
`
`capturing a video image comprising the series of frame images in one
`
`instantaneous snapshot of a subject's entire surface area without line-by-line scanning
`
`(Aiso, Abstract, Fig. 7)
`
`Aiso does not disclose using an external processor to compare a resolution of
`
`each frame image of the video image with the reference resolution and adjusting the
`
`resolution of each frame image to correspond to the reference resolution; and
`
`determining a reference resolution at which each frame image of a series of frame
`
`images will be maintained and storing the reference resolution in a non- transitory
`
`medium; after comparing the resolution of each frame image, storing and/or displaying
`
`in real-time each frame image on a display.
`
`Megawa, however, discloses setting a resolution for images (Megawa, [0041]).
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 6
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`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Megawa with the disclosure of Aiso in order to
`
`enable the user to add annotations similar in size to the existing document
`
`information (Agrawala, [0042]).
`
`In regard to claim 9, which depends from claim 8, Aiso discloses wherein the
`
`external processor is housed in a personal computer (Aiso, Fig. 1 and Fig. 3).
`
`In regard to claim 12, which depends from claim 8, Aiso does not specifically
`
`disclose displaying panning the image in a selected direction without changing a
`
`resolution of the output frame images.
`
`The Examiner, however, takes Official Notice that executing the manipulation in
`
`response to a user request in real time is well known and expected in the art, and it
`
`would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`modify the cited references for such.
`
`One of ordinary skill in the art would have been motivated to modify the cited
`
`references for such so that a user because it is common practice in the art of cameras.
`
`In regard to claim 13, which depends from claim 8, Aiso discloses further
`
`comprising when displaying each frame image on a display rotating the image in a
`
`selected direction without changing a resolution of the output frame images (Aiso, Fig.
`
`3, correct positional shift).
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 7
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`In regard to claim 16, which depends from claim 8, Aiso discloses further
`
`comprising when displaying each frame image on a display, performing an image
`
`manipulation selected from the group consisting of: re-sizing the image, re-sizing a
`
`selected portion of the frame to provide a visual effect of rotating the image in three
`
`dimensions, panning the image in a selected direction, rotating the image in a selected
`
`direction, and annotating the image (Aiso, Fig. 3, correct positional shift).
`
`6.
`
`Claims 10-11 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over
`
`Aiso and Megawa in view of Shimizu.
`
`In regard to claim 10, which depends from claim 8, neither Aiso nor Megawa
`
`specifically disclose further comprising when displaying each frame image on a display
`
`re-sizing the image without changing a resolution of the output frame images.
`
`Shimizu, however, discloses manipulating images, including zooming in or out
`
`without changing resolution of the frame images (Shimizu, col. 5, lines 30-51,
`
`preserve zoom image with same size and resolution).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Shimizu with the disclosure of Megawa and Aiso
`
`in order to preserve output images to the same size and resolution to the standard
`
`angle view (Shimizu, col. 5, lines 30-51 ).
`
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 8
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`In regard to claim 11, which depends from claim 10, Aiso discloses further
`
`comprising re-sizing a selected portion of the frame to provide a visual effect of rotating
`
`the image in three dimensions (Aiso, Fig. 3).
`
`7.
`
`Claims 14-15 and 17 are rejected under 35 U.S.C. 1 03(a) as being unpatentable
`
`over Aiso and Megawa in view of Agrawala.
`
`In regard to claim 14, which depends from claim 8, neither Aiso nor Megawa
`
`disclose further comprising when displaying each frame image on a display annotating
`
`the image without changing a resolution of the output frame images.
`
`Agrawala, however, discloses wherein annotating an image is conducted during
`
`re-sizing the image (Agrawala, [0043]- [0043]).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Agrawala with the disclosure of Megawa and
`
`Aiso in order to enable the user to add annotations similar in size to the existing
`
`document information (Agrawala, [0042]).
`
`In regard to claim 15, which depends from claim 14, Agrawala discloses
`
`wherein annotating an image is conducted during a step of re-sizing the image
`
`(Agrawala, [0042]).
`
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 9
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`In regard to claim 17, which depends from claim 16, Agrawala discloses
`
`wherein annotating an image is conducted during a step of re-sizing the image
`
`(Agrawala, [0042]).
`
`8.
`
`Claims 18-20 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over
`
`Aiso and Shimizu in view of U.S. Patent No. 5,894,529 toTing.
`
`In regard to claim 18, Ting discloses a document imaging apparatus comprising
`
`a miniaturized digital image sensing unit externally coupled to a computer
`
`comprising optics having an infinite focal length (Ting, Fig. 3);
`
`a suspension arm for supporting the digital imaging unit at a distance from a
`
`target to be imaged (Ting, Fig. 3).
`
`Ting does not specifically disclose a personal computer containing a software
`
`programming unit wherein the personal computer is configured to control all actions of
`
`the miniaturized digital image sensing unit and cause the digital imaging unit to; a
`
`display for displaying the images; and
`
`Aios, however, discloses a personal computer containing a software
`
`programming unit wherein the personal computer is configured to control all actions of
`
`the miniaturized digital image sensing unit and cause the digital imaging unit to; a
`
`display for displaying the images (Aiso, Abstract, and Fig. 7).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Aios with the disclosure of Ting in order to create
`
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 10
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`high-resolution image data from multiple image data of comparatively low resolution
`
`(Aiso, [0002]).
`
`Neither Aiso nor Shimizu specifically disclose zooming in or zoom out in real-time
`
`while maintaining a resolution value of each of the real-time images constant.
`
`Shimizu, however, discloses manipulating images, including zooming in or out
`
`without changing resolution of the frame images (Shimizu, col. 5, lines 30-51,
`
`preserve zoom image with same size and resolution).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to combine the disclosure of Shimizu with the disclosure of Aiso and Ting in
`
`order to preserve output images to the same size and resolution to the standard angle
`
`view (Shimizu, col. 5, lines 30-51).
`
`In regard to claim 19, which depends from claim 18, Ting discloses wherein the
`
`processor is housed in a folding suspension arm (Ting, Fig. 3, item 16).
`
`In regard to claim 20, which depends from claim 18, Aiso discloses wherein the
`
`processor is housed in an external personal computing system (Aiso, Fig. 1 and Fig.
`
`3).
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
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`Page 11
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`Allowable Subject Matter
`
`9.
`
`Claim 3 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.
`
`1 0.
`
`The following is an examiner's statement of reasons for allowance: the cited
`
`references do not anticipate or render obvious identifying a first resolution for the
`
`received plurality of frame images; identifying a second resolution for the reference
`
`resolution; in the case of a manipulated frame image having a higher resolution, as
`
`manipulated, than the second resolution, reducing the resolution of the frame image to
`
`that of the second resolution; in the case of the manipulated frame image having a
`
`lower resolution, as manipulated, than the second resolution, using the processor to
`
`further manipulate the frame image to reduce pixilation.
`
`Conclusion
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ERIC A. RUST whose telephone number is (571 )-270-
`
`3380. The examiner can normally be reached on Monday- Friday, 8:00a.m.- 5:00
`
`p.m., EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Benny Tieu can be reached on (571 )-272-7 490. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-270-4380.
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`Application/Control Number: 13/506,208
`Art Unit: 267 4
`
`Page 12
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`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 http://pair-direct.uspto.gov. Should
`
`you have questions on access to 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
`
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`
`/ERIC A RUST/
`
`Examiner, Art Unit 267 4
`
`10/31/2012
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