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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a light receiving unit” and “an output unit” in claim 1, and “a presenting unit” in claim 3.
The specification describes “a light receiving unit” as light receiving unit 31, “an output unit” as output unit 14, and “a presenting unit” as presenting unit 15. Paragraph 104 of the specification describes the above units as being performed by a processor and a memory, therefore sufficient structure is present to avoid a 35 USC 112(b) rejection.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the information processing system" in the first limitation. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saitou et al. (WO 2019/181518), reference will be made to US 2021/0033730 that acts as a translation, cited in the IDS dated 9/20/22.
Regarding claims 1, 11, and 12, Saitou discloses an information processing method, a sensor system, and an information processing system for performing processing on information indicated by an electric signal generated by an optical sensor (see paras 22-23 and 35, distance measuring device 10 processes information generated by image sensor 31),
the optical sensor including a light receiving unit configured to receive a reflection light that is a measuring light emitted from a light emitting unit toward a target space, reflected from a distance measurable range within the target space (see Fig. 1 and paras 23, 27, 41-42, 56m, and 60-76, wave receiver 3 receives reflected light, light is emitted from wave transmitter 2 and distance measuring unit 12 calculates the distance to a target 4 based on the reflected light received by the wave receiver 3),
the electric signal indicating information about a pixel that has received the reflection light out of a plurality of pixels of the light receiving unit (see paras 23, 32, and 35, wave receiver 3 includes image sensor 31 with a plurality of pixels 311),
the information processing system comprising:
an object information generator configured to generate object information (see paras 22, 35, and 56, target 4 can be an object or a human, a recognition process is performed to generate object information); and
an output unit configured to output the object information (see paras 78-79, output unit 13 outputs object information),
a piece of the object information indicating a feature of an object which is present in a target distance section, the target distance section being one selected from a plurality of distance sections defined by dividing the distance measurable range in accordance with difference in elapsed times from a point of time when the light emitting unit emits the measuring light (see Fig. 4 and paras 23, 27, 41-43, and 55-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range),
the electric signal including a plurality of distance section signals associated respectively with the plurality of distance sections (see Fig. 4 and paras 60-76, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range),
the object information generator being configured to generate the piece of the object information based on a distance section signal associated with the target distance section, out of the plurality of distance section signals (see Fig. 4 and paras 22-23, 27, 35, 41-43, and 55-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range).
Regarding claim 2, Saitou further discloses a distance image generator configured to generate a distance image of the distance measurable range based on the plurality of distance section signals associated respectively with the plurality of distance sections, wherein the distance image generator is configured to generate the distance image, after the object information generator generates the piece of the object information about at least one distance section of the plurality of distance sections (see Fig. 4 and paras 22-23, 27, 35, 41-43, and 55-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range).
Regarding claim 3, Saitou further discloses a presenting unit configured to visually present the distance image (see Fig. 1 and paras 78-79, external device 5 can display information output by output unit 13).
Regarding claim 4, Saitou further discloses wherein the output unit is configured to, before the distance image generator generates the distance image, output the piece of the object information about the at least one distance section (see para 78, a measurement result can be output before the distance image is output).
Regarding claim 5, Saitou further discloses wherein the plurality of pixels are arranged in a two-dimensional array (see paras 32-33, the plurality of pixels 31 acquired by image sensor 31 are arranged in a two-dimensional array),
the object information generator is configured to generate, based on the distance section signal associated with the target distance section, a distance section image represented by pixel values of the plurality of pixels, the pixel values indicating whether the plurality of pixels have received the reflection light or not, respectively, extract, from the plurality of pixels constituting the distance section image, a region of pixels that have received the reflection light and that are continuously adjacent to each other, and then determine the region to correspond to one object as the object, and when finding that there are a plurality of the regions each of which is determined to correspond to the one object within the distance section image, give different labels to a plurality of the objects (see Fig. 4 and paras 22-23, 27, 35, 41-43, and 55-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range).
Regarding claim 6, Saitou further discloses wherein the optical sensor is configured to determine whether each of the plurality of pixels receives the reflection light or not based on results of a plurality times of light receiving operation, and each of the plurality times of light receiving operation includes an emission of the measuring light from the light emitting unit and an exposure operation of the pixel (see paras 23, 32, and 41-43, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range).
Regarding claim 7, Saitou further discloses wherein the plurality of pixels are arranged in a two-dimensional array (see paras 32-33, the plurality of pixels 31 acquired by image sensor 31 are arranged in a two-dimensional array),
the object information generator is configured to generate, based on the distance section signal associated with the target distance section, a distance section image represented by pixel values of the plurality of pixels, the pixel values indicating whether the plurality of pixels have received the reflection light or not, respectively, extract, from the plurality of pixels constituting the distance section image, a region of pixels that have received the reflection light and that are continuously adjacent to each other, and then determine the region to correspond to one object as the object, and based on the region of the pixels continuously adjacent to each other and determined to correspond to the one object, extract a plurality of the features of the one object, the piece of the object information includes a piece of vector data of which components are the plurality of features of the one object (see Fig. 4 and paras 22-23, 27, 35, 41-43, and 55-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range).
Regarding claim 8, Saitou further discloses an inter-section information generator configured to, when finding there is the object present in each of different two distance sections out of the plurality of distance sections, determine whether the objects present in the two distance sections belong to a same object or not based on a distance between the pieces of vector data of the objects present in the two distance sections (see Fig. 4 and paras 56-76, based on a plurality of distance ranges and object is detected in more or more distance ranges).
Regarding claim 9, Saitou further discloses wherein the object information generator is configured to generate, based on two distance section signals generated at different timings but associated with a same distance section, two distance section images, respectively, and generate two pieces of the object information each of which is about the object determined to be included in a corresponding one of the two distance section images, each of the two pieces of the object information includes a piece of vector data of the object determined to be included in a corresponding one of the two distance section images (see paras 23, 41-43, 50, 56, and 60-76, an object feature such as a human walking, as shown in Fig. 4, is determined using a distance measuring unit 12 that calculates the distance to a target 4 based on a time interval between the transmission of the measuring wave W1 from the eave transmitter 2 and the reception of the measuring wave W1 at the wave receiver 3, the target 4 may be present across a preceding distance range and a succeeding distance range which are continuous with each other among a plurality of distance ranges defined by dividing a measurable distance range),
the information processing system further comprises an inter-time information generator configured to, when finding there is the object determined to be included in each of the two distance section images, determine whether the objects determined to be included in the two distance section images belong to a same object or not based on a distance between the pieces of vector data of the objects determined to be included in the two distance section images (see Fig. 4 and paras 56-76, based on a plurality of distance ranges and object is detected in more or more distance ranges).
Regarding claim 10, Saitou further discloses wherein the piece of the object information has a form decodable to the distance section signal, the piece of the object information has a data size smaller than a data size of information indicated by the distance section signal (see paras 112-114, the shorter the distance from the wave receiver 3 to a given distance range is (i.e., the smaller the range number of the distance range is), the larger the threshold value).
Regarding claim 13, Saitou further discloses a non-transitory computer readable storage medium that stores a program configured to cause one or more processors to execute the information processing method of claim 12 (see para 48).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. To further show the state of the art please refer to the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R MILIA whose telephone number is (571)272-7408. The examiner can normally be reached Monday-Friday, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Akwasi Sarpong can be reached at 571-270-3438. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK R MILIA/ Primary Examiner, Art Unit 2681