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 .
Response to Amendment
This communication is in response to the action filed on 03/06/2026.
Claims 1-10 are currently amended. Claims 11-16 are newly added. Claims 1-16 are pending.
Response to Arguments
Applicant’s arguments filed on 03/06/2026 on pages 9-12, under REMARKS with respect to 35 U.S.C. 103 have been fully considered but they are not persuasive. Regarding claim 1 applicants on page 10 state that:
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The examiner respectfully disagrees. The prior art references SETA and SEGAWA both throughout the prior art references provided example of corrections in the depth direction and the height direction in the captured stereo images using a parallax vanishing point value. Further the examiner would like to point to SEGAWA paragraphs [0041] and [0059] which perform as stated by paragraph [0041] the steps of “position information generation section 46 identifies the position of a subject in a three-dimensional space through stereo matching on the basis of stereo image data stored in the image storage section 48. More specifically, the pictures of the same subject are extracted from the stereo images, and the positional deviation between the two pictures is determined as parallax. Then, the distance from the cameras to the subject (position of the subject in the depth direction) is derived on the basis of the principle of triangulation. A common technique used to calculate the position in the depth direction for stereo matching in general can be used. In the present embodiment, a block or a small area of one of the images is compared against a block of the same size of the other image for block matching, a process adapted to identify highly similar blocks”. Which clearly shows SEGAWA determining correction amounts in depth/height values using a positional relationship such as triangulation which is commonly known to determine said unknown correction amounts such as in this example a depth correction amount and that depth correction would be easily applied to system of SETA and is clearly the same positional relationship used by the instant application as evidenced by the amended claims directly stated and claimed in newly added claim 14 and further stated and supported at specification paragraph [0039] of the instant application. Please see full rejection to the claims below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-16 are rejected under 35 § U.S.C. 103 as being obvious over US 6,985,619 B1 to SETA et al (hereinafter “SETA”) in view of US 2016/0042242 A1 to SEGAWA et al. (hereinafter “SEGAWA”).
As per claim 1, SETA discloses an information processing apparatus comprising at least one memory and at least one processor and/or at least one circuit which function as (a computing system adapted to perform an image analysis process/method the system comprising a computer processing component and memory to store instructions relating to the image processing methods; abstract; fig 1; column 4, lines 29-50): an image acquisition unit configured to acquire a first image captured from a first direction and a second image captured from a second direction (a stereoscopic camera (image acquisition unit) comprising camera 1 and camera 2 to each respectively capture images wherein the images would be captured in a first direction by camera 1 and I a second direction by camera 2; fig 1; column 3, lines 4-23); a mark detection unit configured to detect a mark from each of the first image and the second image (a recognition section 10 is provided to recognize (detect) markers of the first and second images captured by camera 1 and camera 2; column 4, lines 45-67); a depth correction amount acquisition unit configured to acquire a depth correction amount, which is a correction amount of a depth position corresponding to the parallax determined by the parallax determination unit (a stereo calculation circuit 6 (parallax determination unit) configured to calculate a parallax value which is determined by using image data from the first image captured by camera 1 and a simultaneously captured second image from camera 2; column 4, lines 10-64), on a basis of a positional relationship between the mark in the first image after correction with the height correction amount and the mark in the second image after the correction and a mark information indicating a size of the mark in a real space (the computers calculations including a vanishing point which is identified based on a two-dimensional planes positional information (positional relationship) of the left and right lane markers in the reference image and then a gradient a of the actual road surface height Lr is calculated from this "vanishing point" here, the term "vanishing point" is defined to be an infinitely far point, that is, a point where all parallel lines (marks) extending in the depth Z direction converge at the infinite far image, wherein the left and right lane markers are generated based on lane marker models L and R respectively having a define lane marker area size and shape; column 6, lines 2-37; column 8, line 57-column 9 line 13; column 9, line 34-column 10, line 62); and a correction unit configured to correct the parallax determined by the parallax determination unit or a depth position corresponding to the parallax on a basis of the depth correction amount acquired by the depth correction amount acquisition unit (as seen in fig 6 there is a correction calculations section of the computers programing executed by the computer processor, and via correction circuit 5 applies a correction to the calculate parallax value using the corrected depth value in the Z direction; figs 2-3, 6 and 9; column 4, lines 9-64; column 6, lines 3-column 7, line 31; column 9, line 34-column 10, line 62). SETA fails to disclose a height correction amount acquisition unit configured to acquire a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image; a parallax determination unit configured to determine a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount.
SEGAWA discloses a height correction amount acquisition unit configured to acquire a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image (the system is adapted to perform correction based on similarity using true maximum value matching of true max values 78 (acting as correction value) of the two images captured by the pair of stereo cameras, the system uses a position information generation section 46 includes a similarity correction portion 64 (correction value acquisition unit), it is further stated that an image often has a gradation pattern that horizontally remains constant and vertically gradually changes (positional relationship in height direction changing gradually), which allows for no clear peaks to be seen in a horizontal direction and must be observed in the vertical direction, in this case the peaks represent markers/objects observed in the imaged environment and as seen in FIG.10 illustrates, a graph of similarity data obtained for three by three 3x3 reference blocks that are horizontally (x axis) and vertically (y axis/height) adjacent (relationship) to each other; figs 6, 8, and 10; paragraphs [0052], [0055-0058], [0067-0069]); a parallax determination unit configured to determine a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount (using the on board computing system the captured image frames from the stereo cameras a first and second related image would be captured by the respective first and second camera the computing system is then adapted to using similarity correction portion 64 apply calculations to correct the images in a vertical and horizontal direction and is used to maximize/enlarge the R value of similarity, this is done by adjusting/correcting the vertical value H which is stated to gradually change/ be corrected (it is clear the vertical value H corresponds to height and the W value in the horizontal direction corresponds to width in the prior art please see para [0050]); figs 6-7; paragraphs [0050-0051], [0054-0060]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have a height correction amount acquisition unit configured to acquire a height correction amount and a parallax determination unit configured to determine a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide the ability to determine the distance from the cameras to the subject (position of the subject in the depth direction) is derived on the basis of the principle of triangulation as suggested by paragraph [0041] and as claimed by newly added claim 14 of the instant application. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 1.
As per claim 2, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the parallax determination unit determines, on a basis of the first image after the correction with the height correction amount and the second image after the correction with the height correction amount, the parallax between the first image after the correction with the height correction amount and the second image after the correction with the height correction amount (the vanishing point parallax DP is a parallax correction value (variable) which is calculated in a correction calculating section 13 for the first and second images captured by camera 1 and camera 2 respectively; column 4, lines 13-28 & 61-64).
As per claim 3, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the correction unit corrects the parallax or the depth position on a basis of a positional relationship between the mark in the first image after the correction with the height correction amount and the mark in the second image after the correction with the height correction amount (the parallax correction is computed using a positional relationship between the first and second images and corresponding road marks on each, the positional relationship is found in the height/ vertical direction; column 5, lines 10-58; column 12, lines 24-57).
As per claim 4, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the mark detection unit detects the mark from each of the first image after the correction with the height correction amount and the second image after the correction with the height correction amount (at a step 1, the correction calculating section 13 calculates a correction value for both the first and second image based on in image road markers; column 10, lines 30-39).
As per claim 5, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the at least one memory and the at least one processor and/or the at least one circuit further function as a position correction unit configured to correct position information of at least one of the mark in the first image and the mark in the second image on a basis of the height correction amount (the correction of the vanishing point or the correction of distance can be done by using the left and right boundary lines acting as markers; column 17, lines 6-15).
As per claim 6, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the at least one memory and the at least one processor and/or the at least one circuit further function as an image correction unit configured to correct at least one of the first image and the second image on a basis of the height correction amount (when positional deviation of the stereoscopic camera occurs, since the parameters values are automatically adjusted (correction applied) so as to offset errors caused by that positional deviation, three-dimensional information for example, distance information with high accuracy can be obtained stably; column 17, lines 62-67).
As per claim 7, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the height correction amount acquisition unit acquires the height correction amount for reducing a positional displacement in a height direction between the mark in the first image and the mark in the second image (the parallax correction value is represented by variable K wherein if K is >1 an image enlargement is performed and if K<1 a reduction is performed; column 3, lines 24-61; column 13, lines 4-31).
As per claim 8, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the height correction amount acquisition unit acquires the height correction amount for minimizing change amounts in the first image and the second image due to the correction with the height correction amount (the parallax correction value is represented by variable K wherein if K is >1 an image enlargement is performed and if K<1 a reduction is performed and would be a minimization and therefore if K = 1 then the image has no change applied due to the parallax correction value; column 3, lines 24-61; column 13, lines 4-31).
As per claim 9, SETA discloses an information processing method comprising (a computing system adapted to perform an image analysis process/method the system comprising a computer processing component and memory to store instructions relating to the image processing methods; abstract; fig 1; column 4, lines 29-50): acquiring a first image captured from a first direction and a second image captured from a second direction (a stereoscopic camera (image acquisition unit) comprising camera 1 and camera 2 to each respectively capture images wherein the images would be captured in a first direction by camera 1 and I a second direction by camera 2; fig 1; column 3, lines 4-23); detecting a mark from each of the first image and the second image (a recognition section 10 is provided to recognize (detect) markers of the first and second images captured by camera 1 and camera 2; column 4, lines 45-67); acquiring a depth correction amount, which is a correction amount of a depth position corresponding to the determined parallax (a stereo calculation circuit 6 (parallax determination unit) configured to calculate a parallax value which is determined by using image data from the first image captured by camera 1 and a simultaneously captured second image from camera 2; column 4, lines 10-64), on a basis of a positional relationship between the mark in the first image after correction with the height correction amount and the mark in the second image after the correction and a mark information indicating a size of the mark in a real space (the computers calculations including a vanishing point which is identified based on a two-dimensional planes positional information (positional relationship) of the left and right lane markers in the reference image and then a gradient a of the actual road surface height Lr is calculated from this "vanishing point" here, the term "vanishing point" is defined to be an infinitely far point, that is, a point where all parallel lines (marks) extending in the depth Z direction converge at the infinite far image, wherein the left and right lane markers are generated based on lane marker models L and R respectively having a define lane marker area size and shape; column 6, lines 2-37; column 8, line 57-column 9 line 13; column 9, line 34-column 10, line 62); and correcting the parallax or a depth position corresponding to the parallax on a basis of the depth correction amount (as seen in fig 6 there is a correction calculations section of the computers programing executed by the computer processor, and via correction circuit 5 applies a correction to the calculate parallax value using the corrected depth value in the Z direction; figs 2-3, 6 and 9; column 4, lines 9-64; column 6, lines 3-column 7, line 31; column 9, line 34-column 10, line 62). SETA fails to disclose acquiring a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image; determining a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount.
SEGAWA discloses acquiring a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image (the system is adapted to perform correction based on similarity using true maximum value matching of true max values 78 (acting as correction value) of the two images captured by the pair of stereo cameras, the system uses a position information generation section 46 includes a similarity correction portion 64 (correction value acquisition unit), it is further stated that an image often has a gradation pattern that horizontally remains constant and vertically gradually changes (positional relationship in height direction changing gradually), which allows for no clear peaks to be seen in a horizontal direction and must be observed in the vertical direction, in this case the peaks represent markers/objects observed in the imaged environment and as seen in FIG.10 illustrates, a graph of similarity data obtained for three by three 3x3 reference blocks that are horizontally (x axis) and vertically (y axis/height) adjacent (relationship) to each other; figs 6, 8, and 10; paragraphs [0052], [0055-0058], [0067-0069]); determining a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount (using the on board computing system the captured image frames from the stereo cameras a first and second related image would be captured by the respective first and second camera the computing system is then adapted to using similarity correction portion 64 apply calculations to correct the images in a vertical and horizontal direction and is used to maximize/enlarge the R value of similarity, this is done by adjusting/correcting the vertical value H which is stated to gradually change/ be corrected (it is clear the vertical value H corresponds to height and the W value in the horizontal direction corresponds to width in the prior art please see para [0050]); figs 6-7; paragraphs [0050-0051], [0054-0060]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have a height correction amount acquisition unit configured to acquire a height correction amount and a parallax determination unit configured to determine a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide the ability to determine the distance from the cameras to the subject (position of the subject in the depth direction) is derived on the basis of the principle of triangulation as suggested by paragraph [0041] and as claimed by newly added claim 14 of the instant application. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 9.
As per claim 10, SETA discloses a non-transitory computer readable medium that stores a program (a computing system adapted to perform an image analysis process/method the system comprising a computer processing component and memory to store instructions relating to the image processing methods; abstract; fig 1; column 4, lines 29-50), wherein the program causes a computer to execute an information processing method comprising: acquiring a first image captured from a first direction and a second image captured from a second direction (a stereoscopic camera (image acquisition unit) comprising camera 1 and camera 2 to each respectively capture images wherein the images would be captured in a first direction by camera 1 and I a second direction by camera 2; fig 1; column 3, lines 4-23); detecting a mark from each of the first image and the second image (a recognition section 10 is provided to recognize (detect) markers of the first and second images captured by camera 1 and camera 2; column 4, lines 45-67); acquiring a depth correction amount, which is a correction amount of a depth position corresponding to the determined parallax (a stereo calculation circuit 6 (parallax determination unit) configured to calculate a parallax value which is determined by using image data from the first image captured by camera 1 and a simultaneously captured second image from camera 2; column 4, lines 10-64), on a basis of a positional relationship between the mark in the first image after correction with the height correction amount and the mark in the second image after the correction and a mark information indicating a size of the mark in a real space (the computers calculations including a vanishing point which is identified based on a two-dimensional planes positional information (positional relationship) of the left and right lane markers in the reference image and then a gradient a of the actual road surface height Lr is calculated from this "vanishing point" here, the term "vanishing point" is defined to be an infinitely far point, that is, a point where all parallel lines (marks) extending in the depth Z direction converge at the infinite far image, wherein the left and right lane markers are generated based on lane marker models L and R respectively having a define lane marker area size and shape; column 6, lines 2-37; column 8, line 57-column 9 line 13; column 9, line 34-column 10, line 62); and correcting the parallax or a depth position corresponding to the parallax on a basis of the depth correction amount (as seen in fig 6 there is a correction calculations section of the computers programing executed by the computer processor, and via correction circuit 5 applies a correction to the calculate parallax value using the corrected depth value in the Z direction; figs 2-3, 6 and 9; column 4, lines 9-64; column 6, lines 3-column 7, line 31; column 9, line 34-column 10, line 62). SETA fails to disclose acquiring a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image; determining a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount.
SEGAWA discloses acquiring a height correction amount for at least one of the first image and the second image on a basis of a positional relationship in a height direction between the mark in the first image and the mark in the second image (the system is adapted to perform correction based on similarity using true maximum value matching of true max values 78 (acting as correction value) of the two images captured by the pair of stereo cameras, the system uses a position information generation section 46 includes a similarity correction portion 64 (correction value acquisition unit), it is further stated that an image often has a gradation pattern that horizontally remains constant and vertically gradually changes (positional relationship in height direction changing gradually), which allows for no clear peaks to be seen in a horizontal direction and must be observed in the vertical direction, in this case the peaks represent markers/objects observed in the imaged environment and as seen in FIG.10 illustrates, a graph of similarity data obtained for three by three 3x3 reference blocks that are horizontally (x axis) and vertically (y axis/height) adjacent (relationship) to each other; figs 6, 8, and 10; paragraphs [0052], [0055-0058], [0067-0069]); determining a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount (using the on board computing system the captured image frames from the stereo cameras a first and second related image would be captured by the respective first and second camera the computing system is then adapted to using similarity correction portion 64 apply calculations to correct the images in a vertical and horizontal direction and is used to maximize/enlarge the R value of similarity, this is done by adjusting/correcting the vertical value H which is stated to gradually change/ be corrected (it is clear the vertical value H corresponds to height and the W value in the horizontal direction corresponds to width in the prior art please see para [0050]); figs 6-7; paragraphs [0050-0051], [0054-0060]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have a height correction amount acquisition unit configured to acquire a height correction amount and a parallax determination unit configured to determine a parallax between the first image and the second image on a basis of the first image, the second image, and the height correction amount of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide the ability to determine the distance from the cameras to the subject (position of the subject in the depth direction) is derived on the basis of the principle of triangulation as suggested by paragraph [0041] and as claimed by newly added claim 14 of the instant application. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 10.
As per claim 11, SETA discloses the information processing apparatus according to claim 1. SETA fails to disclose the information processing apparatus according to claim 1, wherein the height correction amount includes (i) a scaling parameter for enlarging or reducing at least one of the first image and the second image and (ii) a movement parameter for moving at least one of the first image and the second image in the height direction.
SEGAWA discloses the information processing apparatus according to claim 1, wherein the height correction amount includes (i) a scaling parameter for enlarging or reducing at least one of the first image and the second image (at step t=0 S80 preprocessing portion 60 of the position information generation section 46 scales down each of the acquired stereo images in multiple steps, thus generating stereo images with a plurality of resolutions at S82 of fig 14; fig 14 and 18; paragraphs [0106], [0111]) and (ii) a movement parameter for moving at least one of the first image and the second image in the height direction (and further includes a motion parameter provided using depth image 206 which allows for more accurate processing of games (virtual reality devices that utilize the depth values for example) and other information and modification of a shot image in accordance with human motion and position; fig 14 and 18; paragraphs [0106], [0111]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have the correction amount includes a scaling factor/parameter and a movement/motion parameter of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide different thresholds for different parameters which are used between two cases, one in which there are many feature points in the reference block and another in which there are only a few feature points, thus adjusting the probability of invalidation. This not only prevents excessive invalidation of highly reliable data with many feature points but also excludes unreliable data from the matching result which is desired as suggested by paragraphs [0113 ] of SEGAWA. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 11.
As per claim 12, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the mark comprises a rectangular marker, and the mark detection unit is configured to detect coordinates of vertices of a rectangular area of the rectangular marker (a rectangular parallelepiped (acting as the virtual marker) disposed in a three-dimensional space is mapped through a camera on a two-dimensional plane, the parallel lines constituting the rectangular parallelepiped always meet together at a point, and this point of intersection is a vanishing point/parallax point; column 8, lines 43-column 9, line 34).
As per claim 13, SETA discloses the information processing apparatus according to claim 1. SETA fails to disclose wherein the height correction amount acquisition unit is configured to associate corresponding marks between the first image and the second image and acquire the height correction amount by minimizing an error representing a displacement amount in the height direction between the corresponding marks.
SEGAWA discloses wherein the height correction amount acquisition unit is configured to associate corresponding marks between the first image and the second image and acquire the height correction amount by minimizing an error representing a displacement amount in the height direction between the corresponding marks (based on the thresholded similarity values used to correct height and depth values detecting accidental peaks and maximum values that are unreliable, and excluding them from the matching result, and minimizing error in position information in the depth direction; fig 7 paragraphs [0049], [0056], [0066], [0087], [0112-0114]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have and acquire the height correction amount by minimizing an error representing a displacement amount in the height direction of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide that this maximum similarity value is not excluded from the matching result, thus minimizing the size of an area with an undefined position in the depth direction as suggested by paragraph [0056] of SEGAWA. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 13.
As per claim 14, SETA discloses the information processing apparatus according to claim 1, and (ii) a size of the mark in the real space indicated by the mark information (the computers calculations including a vanishing point which is identified based on a two-dimensional planes positional information (positional relationship) of the left and right lane markers in the reference image and then a gradient a of the actual road surface height Lr is calculated from this "vanishing point" here, the term "vanishing point" is defined to be an infinitely far point, that is, a point where all parallel lines (marks) extending in the depth Z direction converge at the infinite far image, wherein the left and right lane markers are generated based on lane marker models L and R respectively having a define lane marker area size and shape; column 6, lines 2-37; column 8, line 57-column 9 line 13; column 9, line 34-column 10, line 62). SETA fails to disclose discloses wherein the depth correction amount acquisition unit is configured to calculate the depth correction amount based on (i) three-dimensional points obtained by triangulation using the mark in the first image and the mark in the second image after correction with the height correction amount and (ii) a size of the mark in the real space indicated by the mark information.
SEGAWA discloses wherein the depth correction amount acquisition unit is configured to calculate the depth correction amount based on (i) three-dimensional points obtained by triangulation using the mark in the first image and the mark in the second image after correction with the height correction amount (the system using pictures of the same subject are extracted from the stereo images, and the positional deviation between the two pictures is determined as parallax, and the distance from the cameras to the subject (position of the subject in the depth direction) is derived on the basis of the principle of triangulation, a common technique used to calculate the position in the depth direction for stereo matching in general can be used; paragraphs [0041], [0059]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify SETA to have three-dimensional points obtained by triangulation using the mark in the first image and the mark in the second image after correction with the height correction amount of SEGAWA reference. The Suggestion/motivation for doing so would have been to provide the ability to calculate previously unknown correction values such as the depth correction values using commonly known arithmetic such as triangulation and the provided road markers as suggested by paragraphs [0041 and [0059 of SEGAWA. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine SEGAWA with SETA to obtain the invention as specified in claim 14.
As per claim 15, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the depth correction amount acquisition unit is configured to calculate a plurality of depth correction amounts using a plurality of combinations of marks and acquire the depth correction amount based on an average of the plurality of depth correction amounts (the computing system determines corrections to the height, depth, and parallax values using marker models representing left and right road markers at a plurality of positions along the image frames the left and right lane markers are generated based on lane marker models L and R respectively having a define lane marker area size and shape; column 6, lines 2-37; column 8, line 57-column 9 line 13; column 9, line 34-column 10, line 62).
As per claim 16, SETA in view of SEGAWA discloses the information processing apparatus according to claim 1. Modified SETA further discloses wherein the depth correction amount acquisition unit is configured to select, as marks used for calculating the depth correction amount, two marks having a larger distance on an image among a plurality of marks (the recognition section which performs the depth and height correction is configured to select lane marker models such that when the horizontal deviation of the stereoscopic camera exists, the error caused by the deviation effects on the lane marker models L and R are represented by the mean/average value of parameters cL and cR of the left and right models up to a predetermined distance value threshold; column 8, lines 7-17).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Examiner's Note: Examiner has cited figures, and paragraphs in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested for the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Examiner has also cited references in PTO892 but not relied on, which are relevant and pertinent to the applicant’s disclosure, and may also be reading (anticipatory/obvious) on the claims and claimed limitations. Applicant is advised to consider the references in preparing the response/amendments in-order to expedite the prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
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, Andrew Bee can be reached on (571) 270-5183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800- 786-9199 (IN USA OR CANADA) or 571-272-1000.
/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/ANDREW W BEE/Supervisory Patent Examiner, Art Unit 2677
Prosecution Insights