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 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.
Claims 4, 5, 13, and 14 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 4 and 13 recites the broad recitation “adjusting the pixel demodulation signal or by adjusting the laser modulation signal”, and the claim also recites “ preferably using buffers to ensure synchronicity between rows” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 5 and 14 recites the broad recitation “an order of magnitude smaller relative to the first time period”, and the claim also recites “preferably two orders of magnitude smaller relative to the first time period.” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 102
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.
Claim(s) is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dielacher (20200132819).
Referring to claims 1, 10, and 20, Dielacher shows a continuous wave time of flight, CW-ToF, camera system comprising (see figure 1):
a laser for emitting laser light (see paragraph 17);
an imaging sensor (see figure 1 Ref 130), the image sensor comprising a pixel array for accumulating charge based on incident light comprising reflected laser light off an object (see paragraph 17-19), the pixel array comprising a plurality of rows of pixels (see paragraph 33 also see figure 6 Ref 604); and
a control system coupled to the imaging sensor (see figure 6 Ref 612) and configured to control the pixel array to:
identify at least a first row and a second row of the plurality of rows, wherein the first row and the second row are adjacent one another in the pixel array (see paragraph 33);
accumulate charge in the pixels of the first row using a first integration setting for a first time period (see paragraph 30);
accumulate charge in the pixels of the second row using a second integration setting for the first time period (see paragraph 30); and
read out a set of charge samples, wherein the first row contains a first charge from accumulating using the first integration setting and the second row contains a second charge from accumulating using the second integration setting, and wherein the second integration setting is phase delayed relative to the first integration setting (see paragraph 25).
Referring to claims 2 and 11, Dielacher shows the first integration setting is a first phase of the emitted laser light over which accumulation occurs (see paragraph 18 note the modulation signal).
Referring to claims 3 and 12, Dielacher shows the second integration setting is a second phase of the emitted laser light over which accumulation occurs (see paragraph 33).
Referring to claims 4 and 13, Dielacher shows the phase delay between the first integration setting and the second integration setting is achieved by adjusting the pixel demodulation signal or by adjusting the laser modulation signal, preferably using buffers to ensure synchronicity between rows (see paragraph 35).
Referring to claims 6 and 15, Dielacher shows the phase delay between the first integration setting and the second integration setting is π/2 (see paragraph 33).
Referring to claims 7 and 16, Dielacher shows the phase delay between the first integration setting and the second integration setting is 3π/2 (see paragraph 22).
Referring to claims 8 and 17, Dielacher shows the control system is configured to control the pixel array to combine the first charge and the second charge in order to determine a combined depth value (see figure 5 note the last step).
Referring to claim 19, Dielacher shows comprising changing the integration setting of the first row and/or the second row (see paragraph 22).
Claim Rejections - 35 USC § 103
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.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dielacher (20200132819) in view of Hurwitz (20210356597).
Referring to claims 9 and 18, Dielacher fails to show but Hurwitz shows a macropixel comprises at least a pixel in the first row and an adjacent pixel in the second row, and wherein the control system is configured to read out combined depth values from a plurality of macropixels, the macropixels being shifted by one row at a time (see figure 8 Ref 822 and paragraph 102-103). It would have been obvious to include the micropixel as shown by Hurwitz because it allows imaging pixels the number of values/data points in each of the first set of charge samples will be lower than the number of values/data points in each of the second set of charge samples as taught by Hurwitz in paragraph 103.
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dielacher (20200132819) in view of Yasu (20220252727).
Referring to claim 5 and 14, Dielacher fails to specifically show but Hurwitz shows the phase delay between the first integration setting and the second integration setting is of an order of magnitude smaller relative to the first time period, preferably two orders of magnitude smaller relative to the first time period (see figure 5 note the exposure period and the phase shifts). It would have been obvious to include the ratio of shifts to the time period as shown by Yasu because this allows for a complete capture of each pulse.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUKE D RATCLIFFE whose telephone number is (571)272-3110. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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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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/LUKE D RATCLIFFE/Primary Examiner, Art Unit 3645
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