DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 (i.e., changing from AIA to pre-AIA ) 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.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0032], lines 3-4: the sentence containing the sentence fragment “is still laser speckles” is ungrammatical
Paragraph [0037]: the displayed equation cannot be understood; is there a function name (e.g., sin or x) that has been omitted before the appearance of (t)?
Paragraph [0037], last line: a wavelength value is defined, but wavelength symbol lambda does not appear in the displayed equation
Paragraph [0038]: the displayed equation cannot be understood; is there a function name (e.g., sin or x) that has been omitted before the appearance of (t)?
Paragraph [0039], line 8: the reference to “the equation” is ambiguous, since at least two equations appeared in earlier paragraphs
Paragraph [0055], line 3: “by a CW” cannot be understood.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The independent claims recite, in particular, “perform calculation on the electrical signal to obtain one or more TOF depth values of the target object” (claim 1), “performing calculation on the electrical signal to obtain one or more TOF depth values of the target object” (claim 8), and “perform calculation on the electrical signal to obtain one or more TOF depth values of the target object” (claim 15). The defects in the specification, particularly with regard to paragraphs [0037]-[0039], and the equations contained therein, support a finding that the inventors do not have possession of the claimed invention. And that the invention lacks enablement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The references made herein are done so for the convenience of the applicant. They are in no way intended to be limiting. The prior art should be considered in its entirety.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL L MURPHY whose telephone number is (571)270-3194. The examiner can normally be reached M-F 9-5.
Examiner interviews are 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, Isam Alsomiri can be reached at 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L MURPHY/Primary Examiner, Art Unit 3645