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 .
Specification
The disclosure is objected to because of the following informalities:
On page 1, line 21, “Figs. 4A & 4B” should likely be changed to “Fig. 4” as no additional figure is indicated or shown in the Drawings.
On page 7, line 4, “secondary detector 204” should likely be changed to “secondary emitter 204” to match the drawings and specification.
Additional references on [page 7, line 20], [page 7, line 27], and [page 8, line 5], should likewise be changed.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
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 made in this Office action:
A person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holz (United States Patent Application Publication 20150253428 A1), hereinafter Holz.
Regarding claim 1, Holz teaches an apparatus comprising an emitter and a detector each connected to a controller (Fig. 1; [0060] an emission module 102, a detection module 104, a controller 106,),
the emitter configured to provide pixelated mapping of downrange targets with a resolution ([0060] The emission module 102 illuminates one or more objects of interest 112; [0061] e.g., pixel arrays),
the detector configured to provide sensing between pixels in response to movement of the emitter directed by the controller ([0060] one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable),[0061] The capture device(s) 130A, 130B can comprise one or more individual image-capture elements 130A or arrays of image-capture elements 130A; [0062] In embodiments comprising more than one capture device, particular vantage points of capture devices 130A, 130B can be directed to area of interest 114 so that fields of view 330 of the capture devices at least partially overlap;).
Regarding claim 2, Holz teaches the apparatus of claim 1, wherein the pixelated mapping consists of a plurality of separate light beams sent downrange by the emitter ([0065] an emitting source 402 comprising a number of (in the depicted exemplary embodiment, four) emitting elements (e.g., emitters A, B, C, D)).
Regarding claim 3, Holz teaches the apparatus of claim 1, wherein the resolution corresponds with a distance between planes of pixels corresponding to separate beams of light sent downrange from the emitter ([0015] In some embodiments, only a subset of the plurality of light-emitting devices are operated so as to reduce a resolution of the scan. [0065] As will be apparent to one of skill in the art, the spatial resolution of object localization achieved in this example embodiment corresponds directly to the spatial resolution of the scan pattern; the more sub-regions there are, the more precise is the determined object location.).
Regarding claim 4, Holz teaches a method comprising:
activating an emitter, as directed by a controller connected to the emitter, to send light beams downrange to provide a pixelated resolution ([0060] The emission module 102 illuminates one or more objects of interest 112; [0061] e.g., pixel arrays);
moving the emitter relative to a detector, as directed by the controller, to provide a resolution greater than the pixelated resolution ([0060] one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable),); and
sensing a target positioned downrange of the emitter with photons returning from the target to the detector ([0060] Image-capture techniques described in further detail herein can be applied to capture and analyze differences in the reference pattern and the pattern as reflected by the object.; [0061]the detection module 104 includes one or more capture device(s) 130A, 130B (e.g., e.g., devices sensitive to visible light or other electromagnetic radiation) that are controllable via the controller 106.).
Regarding claim 5, Holz teaches the method of claim 4, wherein the emitter is physically moved ([0060]one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable),).
Regarding claim 6, Holz teaches the method of claim 5, wherein the emitter is tilted ([0060]one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable), [0089] As shown in FIGS. 10A and 10B, the device 1000 may, for example, be mounted on a support structure 1002 (e.g., a bar or wheel) that rotates continuously in the same direction (FIG. 10A), or back and forth between two angular boundaries (FIG. 10B).).
Regarding claim 7, Holz teaches the method of claim 5, wherein the emitter is rotated ([0060]one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable), [0089] As shown in FIGS. 10A and 10B, the device 1000 may, for example, be mounted on a support structure 1002 (e.g., a bar or wheel) that rotates continuously in the same direction (FIG. 10A), or back and forth between two angular boundaries (FIG. 10B).).
Regarding claim 8, Holz teaches the method of claim 5, wherein the emitter is shifted ([0060]one or more arrays 120D of emissive elements (combined on a die or otherwise) may be used with or without the addition of devices 122 for directing the emission, and positioned within an emission region 200 (see FIG. 2A) according to one or more emitter parameters (e.g., statically mounted (e.g., fixed, parallel, orthogonal or forming other angles with a work surface, one another or a display or other presentation mechanism), dynamically mounted (e.g., pivotable, rotatable and/or translatable),).
Regarding claim 9, Holz teaches the method of claim 4, wherein the emitter sends light beams downrange while being moved ([0089] to continuously scan the half space imaged by a camera 1014 while the light source undergoes a full 360.degree. rotation.).
Regarding claim 10, Holz teaches the method of claim 4, wherein the emitter pauses operation until being moved ([0093] A synching event, (e.g., pause in scan, burst of energy in scan by activating all, most, many emitters contemporaneously, etc.) can be used to synch up emitter scan cycle and detector scan cycle.).
Regarding claim 11, Holz teaches a method comprising:
activating an emitter, as directed by a controller connected to the emitter, to send light beams downrange with a first wavelength selected by the controller to provide a first pixelated resolution (Fig. 1; [0060] an emission module 102, a detection module 104, a controller 106,);
moving the emitter relative to a detector, as directed by the controller, to provide a resolution greater than the first pixelated resolution ([0092] In some embodiments providing a spatially continuous sweep across the region of interest (whether implemented by a moving light source or by a number of discrete stationary emitters with gradually varying and temporally overlapping intensity), the angular resolution of the scan, and thus the depth resolution, depends on the temporal resolution of image acquisition, i.e., the rate at which information is read from the camera. For conventional cameras, the frame rate can often be increased at the cost of decreasing the spatial resolution; for example, by reading out only every other pixel, the frame rate can be doubled. In some embodiments, the pixel-read-out density and frame rate are set such that the lateral and depth resolution achieved by the system are approximately the same.; [0093] In some embodiments in which relatively low or moderate scan rates, low or moderate angular resolutions of the scan (as determined by the density of different directions that light can be emitted or the read-out rate of the camera, or both or other limiting factors) are employed);
sending light beams downrange with a second wavelength to detect objects between pixels of the first pixelated resolution ([0086] In an embodiment, filters can be employed in conjunction with emitters of different characteristics (e.g., frequency, wavelength, polarization, phase, angular frequency, etc.) to provide improved discrimination between overlapping firing emitters.); and
sensing a target positioned downrange of the emitter with photons returning from the target to the detector ([0060] Image-capture techniques described in further detail herein can be applied to capture and analyze differences in the reference pattern and the pattern as reflected by the object.; [0061]the detection module 104 includes one or more capture device(s) 130A, 130B (e.g., e.g., devices sensitive to visible light or other electromagnetic radiation) that are controllable via the controller 106.).
Regarding claim 12, Holz teaches the method of claim 11, wherein the controller changes the first pixelated resolution to a different second pixelated resolution ([0015] In some embodiments, only a subset of the plurality of light-emitting devices are operated so as to reduce a resolution of the scan. [0065] As will be apparent to one of skill in the art, the spatial resolution of object localization achieved in this example embodiment corresponds directly to the spatial resolution of the scan pattern; the more sub-regions there are, the more precise is the determined object location.).
Regarding claim 13, Holz teaches the method of claim 11, wherein the first wavelength is 1550 nm ([0011] Implementation-specific needs can be met using any or combinations of individual light-emitting devices, such as light-emitting diodes (LEDs), lasers, incandescent or fluorescent light bulbs, or any other devices emitting light in one or more suitable frequency ranges, such as the optical, infrared (IR), or ultraviolet (UV) regime.).
Regarding claim 14, Holz teaches the method of claim 11, wherein the light beams are sent downrange in pulses, as directed by the controller ([0069] FIG. 5B illustrates an exemplary control scheme for the light-emitting devices 520, 522, 524, 526, 528, involving periodic pulsed operation of each device and uniform spacing of the pulses from all devices throughout the emission cycle.).
Regarding claim 15, Holz teaches the method of claim 11, wherein the light beams are sent downrange coherently ([0090] Computational simplicity is also aided, in various embodiments, by utilizing a narrow, highly collimated light source, e.g., a laser diode.).
Claim Rejections - 35 USC § 103
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.
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 ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Holz in view of Van Nieuwenhove (United States Patent Application Publication 20220252730 A1), hereinafter Van Nieuwenhove.
Regarding claim 16, Holz teaches the method of claim 11,
Holz fails to teach the method wherein the controller changes to a second wavelength in response to a trigger event detected by the controller.
However, Van Nieuwenhove teaches the method wherein the controller changes to a second wavelength in response to a trigger event detected by the controller ([0037] For example, in the coarse imaging mode, the predetermined modulation frequency may be lower than a predetermined modulation frequency of the precise imaging mode, or vice versa. [0077] Hence, the modulation signal may be an electric signal configured to trigger the at least one transfer gate for acquiring the coarse depth data and/or the precise depth data.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Holz to comprise the trigger to switch wavelengths similar to Van Nieuwenhove, with a reasonable expectation of success. This would have the predictable result of automating the process of changing the emitted wavelength without user input.
Regarding claim 17, Holz, as modified above, teaches the method of claim 16,
Holz fails to teach the method wherein the second wavelength is selected to conserve power consumption by the emitter and detector.
However, Van Nieuwenhove teaches the method wherein the second wavelength is selected to conserve power consumption by the emitter and detector ([0104] Moreover, the selection may be based on a power requirement. In some embodiments, the coarse imaging mode may not use as much (electrical) power as the precise imaging mode, and if the ToF imaging apparatus is electrically supplied with a battery, the coarse imaging mode may be selected at a low battery charge, whereas the precise imaging mode may be selected at a high battery charge.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Holz to comprise the power conserving wavelength selection similar to Van Nieuwenhove, with a reasonable expectation of success. This would have the predictable result of reducing the power emitted by the emitter to meet power requirements of the system and to maximize the lifetime of the device.
Regarding claim 18, Holz teaches the method of claim 11,
Holz fails to teach the method wherein the second wavelength is selected to increase target identification speed by the emitter.
However, Van Nieuwenhove teaches the method wherein the second wavelength is selected to increase target identification speed by the emitter ([0037] For example, in the coarse imaging mode, the predetermined modulation frequency may be lower than a predetermined modulation frequency of the precise imaging mode, or vice versa. [0044] The precise depth data may be indicative of a distance between the ToF device and the scene, wherein the distance is determined with a higher precision than in the coarse imaging mode. Thus, the name precise imaging mode.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Holz to comprise the second wavelength designated to increase object detection similar to Van Nieuwenhove, with a reasonable expectation of success. This would have the predictable result of incorporating a second imaging mode in environments in which object detection requirements vary.
Regarding claim 19, Holz teaches the method of claim 11,
Holz fails to teach the method wherein the second wavelength is selected to increase accuracy of target identification by the emitter and detector.
However, Van Nieuwenhove teaches the method wherein the second wavelength is selected to increase accuracy of target identification by the emitter and detector ([0044] The precise depth data may be indicative of a distance between the ToF device and the scene, wherein the distance is determined with a higher precision than in the coarse imaging mode. Thus, the name precise imaging mode.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Holz to comprise the wavelength set to increase accuracy similar to Van Nieuwenhove, with a reasonable expectation of success. This would have the predictable result of designating a wavelength range for the purposes of a more precise and detailed scan of an environment.
Regarding claim 20, Holz teaches the method of claim 11, for less than an entirety of a downrange field of view of the emitter ([0015] In some embodiments, only a subset of the plurality of light-emitting devices are operated so as to reduce a resolution of the scan.).
Holz fails to teach the method wherein the second wavelength is selected to increase a pixel resolution
However, Van Nieuwenhove teaches the method wherein the second wavelength is selected to increase a pixel resolution ([0044] It refers, however, to a more exact determination of the distance than the determination of the distance in the coarse imaging mode, wherein the more exact determination may be indicated with a smaller measurement error (e.g. standard deviation) or a closer distance compared to another method of determining the distance (e.g. a with a measuring tape) than in the coarse imaging mode.)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Holz to comprise the second wavelength to increase a pixel resolution similar to Van Nieuwenhove, with a reasonable expectation of success. This would have the predictable result of designating a wavelength for a more precise scanning implementation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 7:00-4:00 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT HODGE can be reached at (571)272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT W VASQUEZ/Examiner, Art Unit 3645
/GAUTAM UBALE/Supervisory Patent Examiner, Art Unit 4100