Appeal No. 2006-2345
Application No. 10/366,458
argues that Nakamura’s teachings relate to the conceptual
possibility of a moveable infrared light sensor but actually
inserts and removes a glass plate into and out of the optical
path in order to change the focal point (brief, page 10).
In response to Appellant’s arguments, the Examiner asserts
that Nakamura suggests moving the infrared sensor in response to
the lens varied magnification in order to obtain infrared and
visible light images without blurring (answer, page 7). The
Examiner further concludes that moving the infrared sensor in the
visible/infrared virtual studio imaging camera of Bilbrey would
have been obvious to the skilled artisan (id.). With respect to
Appellant’s assertion of Nakamura being non-analogous art, the
Examiner points to the teachings in both references related to
infrared and visible imaging and concludes that the references
are reasonable pertinent to the particular problem Appellant is
concerned with (answer, page 8). The Examiner adds that since
Nakamura may be relied on for all of its teachings including
“nonpreferred” embodiments, there is sufficient suggestion to one
of ordinary skill in the art for moving the infrared sensor in
the direction of the optical axis to absorb the variations in the
focal position (answer, paragraph bridging pages 8-9).
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