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 .
Claims 1-16 were pending in the application filed September 11, 2023. According to the remarks and amendments received March 31, 2026, claims 1-2, 4-5, 7-16 are amended, claim 3 is cancelled, and no additional claims are added. Accordingly, claims 1-2 and 4-16 are currently pending in the application for examination.
Claim interpretation - 35 USC § 112(f)
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: the various units in claims 1, 7 and 14 (see Fig. 1 and supporting disclosure).
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 § 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.
Claims 1-2, 4-16 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by ZHAO et al. (hereafter referred to as “ZHAO”, US 2015/0055828).
Regarding claim 1 (Currently Amended), ZHAO discloses a detection system (Figs. 1&2) comprising:
an imaging unit configured to acquire distance images of frames in time sequence, each of the distance images indicating a distance from the imaging unit to a target object (Fig. 1, depth camera 101. Fig. 2, step S201, pg. [0031] “acquiring at least two depth image frames having depth information, which are obtained by continuously taking images of a moving object”), wherein each of the distance images includes pixels indicating different light receiving distances depending on unevenness and the distance of the target object ([0033] Here, the "depth area" means a plurality of depth areas, which are formed by arranging the continuous depths in an ascending order in each block, and dividing (equally or unequally) the blocks into a plurality of areas. The "numbers of pixels positioned in respective different depth areas" means the number of pixels having the depth of the depth area, according to the depth image. For example, there may be a total of nine depth areas in each block in the depth image, of 0-0.1, 0.1-0.2, 0.2-0.3 . . . 0.8-0.9 (the depth areas may be divided in units of meters, etc., or the depth areas may be standardized, and therefore the scales of the depth areas are unrelated to a specific unit, and only express ratios). For example, there are two pixels positioned in the depth area 0-0.1, and among these two pixels, it is assumed that one pixel has a depth of 0.02, and one pixel has a depth of 0.08. There are two pixels positioned in the depth area 0.1-0.2, and among these two pixels, it is assumed that one pixel has a depth of 0.15, and one pixel has a depth of 0.16. There are four pixels positioned in the depth area 0.8-0.9, and among these four pixels, it is assumed that one pixel has a depth of 0.85, one pixel has a depth of 0.83, one pixel has a depth of 0.84, and one pixel has a depth of 0.89 (for example, as illustrated in FIGS. 3C and 3D). The specific depth areas and numbers of pixels are only examples, and the embodiment is not so limited. The areas may be divided equally as described above, or may be divided unequally, and the embodiment is not so limited. Accordingly, it is possible to acquire the numbers of pixels positioned in respective different depth areas in each block of the present depth image frame. With respect to the numbers of pixels positioned in respective different depth areas in a corresponding block of each past depth image frame, it is assumed that there are an N number of past depth image frames (N being a positive integer), that is to say, there are N depth image frames before the present depth image frame. Similarly, it is possible to acquire the numbers of pixels positioned in respective different depth areas in each corresponding block in each of the N number of past depth image frames. As a matter of course, when detecting a moving block in the present depth image frame, at least one past depth image frame is necessary, and therefore, the detection of the moving object is usually started from the second frame.); and
a processing unit (Fig. 1, computer 102) configured to divide pixels included in each distance image into blocks according to a distance relationship among the pixels (pg. [0033] “a plurality of depth areas, which are formed by arranging the continuous depths in an ascending order in each block, and dividing (equally or unequally) the blocks into a plurality of areas”) obtain ratios of pixels among the blocks by comparing the pixels included in the respective blocks for each distance image, and detect a state of the target object by comparing the ratios between the frames of the distance images (Fig. 2, steps S202 and S203, detect hand movement of the person. Pg. [0040]-[0041], the movement level Cj is based on ratios of pixels Sji/Tji) .
Regarding claim 2 (Currently Amended), ZHAO discloses the detection system according to claim 1, wherein the processing unit compares pixels included in previous and following frames that are the frames of the distance images, and detects a state variation of the target object from a difference between the pixels (Fig. 2, steps S202 and S203, pg. [0031] “acquiring at least two depth image frames having depth information, which are obtained by continuously taking images of a moving object … The difference between numbers of pixels positioned in respective different depth areas in each of the blocks in the present depth image frame, and numbers of pixels positioned in respective different depth areas in each of the corresponding blocks in each past depth image frame, are calculated (step S202). Based on the calculated difference, a moving block in the present depth image frame is detected, and the detected moving object is constituted (step S203)”).
Regarding claim 4 (Currently Amended), ZHAO discloses the detection system according to claim 1, wherein the processing unit calculates previous and following virtual areas (pg. [0033] “the depth areas may be divided in units of meters … it is assumed that there are an N number of past depth image frames … the detection of the moving object is usually started from the second frame”) and/or previous and following virtual volumes in previous and following frames, which are the frames, of the target object by using the pixels included in the blocks, and detects a state variation of the target object by comparing the previous and following virtual areas (Fig. 2, step S202, pg. [0031]) or comparing the previous and following virtual volumes.
Regarding claim 5 (Currently Amended), ZHAO discloses the detection system according to claim 1, wherein the processing unit compares previous and following coordinates of pixels included in previous and following frames that are the frames of the distance images, included in previous and following virtual area images generated from the distance images, or included in previous and following virtual volume images generated from the distance images, and detects a state variation of the target object from a difference between the previous and following coordinates (Fig. 2, steps S202 and S203, see analysis of claim 2, and more detailed disclosure in pg. [0034]-[0037]).
Regarding claim 6 (Original), ZHAO discloses the detection system according to claim 5, wherein the coordinates include any of a singular point, a centroid point, and a vertex included in the distance images, the virtual area images, or the virtual volume images (Figs. 4A&4B).
Regarding claim 7 (Currently Amended), ZHAO discloses the detection system according to claim 1, further comprising an information presentation unit configured to present one or more of the distance images, a virtual area, a virtual volume, and state information indicating the state of the target object (Fig. 1 and pg. [0029] “applications of interactions between a human and a computer”).
Regarding claim 8 (Currently Amended), ZHAO discloses a detection method comprising:
acquiring, by an imaging unit, distance images of frames in time sequence, each of the distance images indicating a distance from the imaging unit to a target object, wherein each of the distance images includes pixels indicating different light receiving distances depending on unevenness and the distance of the target object (see analysis of claim 1);
detecting, by the processing unit, a state of the target object by dividing pixels included in each distance image into blocks according to a distance relationship among the pixels, obtaining ratios of pixels among the blocks by comparing the pixels included in the respective blocks for each distance image, and comparing the ratios between the frames of the distance images (see analysis of claim 1); and
calculating a virtual area or a virtual volume for each block for each frame (see analysis of claim 4. pg. [0033] “the depth areas may be divided in units of meters).
Claims 9-16 have been analyzed and are rejected for the same reasons as outlined above in the rejection of claims 2, 4, 1, 8, 2, 1, 2 and 4, respectively. ZHAO’s system is computer-based. Processor(s) and storage(s) are the main building blocks of a computer system.
Response to Arguments
The Examiner most respectfully disagrees with Applicants’ assertion that ZHAO et al. does not disclose or suggest "divide pixels included in each distance image into blocks according to a distance relationship among the pixels" of the above recitation. ZHAO teaches this in paragraph [0033]: Here, the "depth area" means a plurality of depth areas, which are formed by arranging the continuous depths in an ascending order in each block, and dividing (equally or unequally) the blocks into a plurality of areas. The "numbers of pixels positioned in respective different depth areas" means the number of pixels having the depth of the depth area, according to the depth image. For example, there may be a total of nine depth areas in each block in the depth image, of 0-0.1, 0.1-0.2, 0.2-0.3 . . . 0.8-0.9 (the depth areas may be divided in units of meters, etc., or the depth areas may be standardized, and therefore the scales of the depth areas are unrelated to a specific unit, and only express ratios). For example, there are two pixels positioned in the depth area 0-0.1, and among these two pixels, it is assumed that one pixel has a depth of 0.02, and one pixel has a depth of 0.08. There are two pixels positioned in the depth area 0.1-0.2, and among these two pixels, it is assumed that one pixel has a depth of 0.15, and one pixel has a depth of 0.16. There are four pixels positioned in the depth area 0.8-0.9, and among these four pixels, it is assumed that one pixel has a depth of 0.85, one pixel has a depth of 0.83, one pixel has a depth of 0.84, and one pixel has a depth of 0.89 (for example, as illustrated in FIGS. 3C and 3D). The specific depth areas and numbers of pixels are only examples, and the embodiment is not so limited. The areas may be divided equally as described above, or may be divided unequally, and the embodiment is not so limited. Accordingly, it is possible to acquire the numbers of pixels positioned in respective different depth areas in each block of the present depth image frame. With respect to the numbers of pixels positioned in respective different depth areas in a corresponding block of each past depth image frame, it is assumed that there are an N number of past depth image frames (N being a positive integer), that is to say, there are N depth image frames before the present depth image frame. Similarly, it is possible to acquire the numbers of pixels positioned in respective different depth areas in each corresponding block in each of the N number of past depth image frames. As a matter of course, when detecting a moving block in the present depth image frame, at least one past depth image frame is necessary, and therefore, the detection of the moving object is usually started from the second frame.
The Examiner most respectfully disagrees with Applicants’ assertion that ZHAO et al. does not disclose or suggest "obtain ratios of pixels among the blocks by comparing the pixels included in the respective blocks for each distance image" and "comparing the ratios between the frames of the distance images" of the above recitation. ZHAO teaches this in the above cited paragraph [0033] and in [0051], [0084], [0085] and [0105] (excerpts below for ease and response brevity, please see paragraphs for fuller description).
[0051] According to observations, the human hand and the arm continued from the human hand, are usually a long thin shape, and therefore, before detecting the moving area of the human hand, the a moving area including all of the moving blocks is filtered in advance, so that the moving area that is most similar to the human hand and/or arm can be found. For example, the first moving area and the second moving area may be areas that satisfy the following conditions. That is, the shape of the moving area constituted by moving blocks is most enlongated, the moving area constituted by moving blocks has the highest similarity with the shape of the arm, the moving area constituted by moving blocks has an oval or a rectangle circumscribed, and the ratio of the long axis and the short axis or the aspect ratio has the highest similarity with the arm. To have an oval or a rectangle circumscribed to the moving area is a known geometric arithmetic operation configuration, and specific steps thereof are not described herein.
[0085] FIG. 5D schematically illustrates an example of a method of selecting a moving area that is most similar to the human hand, in the method of detecting a moving object that is the human hand. The left side of FIG. 5D schematically illustrates a method of circumscribing the moving area with a rectangle, and obtaining the difference between the ratio of the length and width of the moving area and the ratio of the length and width of a regular arm. When the difference is less than a threshold, the moving area is superposed with the arm, and the moving area can be determined as the first moving area or the second moving area. The right side of FIG. 5D schematically illustrates a method of circumscribing the moving area with an oval, and obtaining the difference between the ratio of the long axis and the short axis of the moving area and the ratio of the long axis and the short axis of a regular arm. When the difference is less than a threshold, the moving area is superposed with the arm, and the moving area can be determined as the first moving area or the second moving area. As a matter of course, the method of selecting a moving area that is most similar to the human hand is not limited to the methods of FIG. 5D; a moving area that is most similar to the human hand may be selected by another configuration. For example, the shape may be limited by using the maximum threshold and the minimum threshold of the length and width or the long axis and short axis of the circumscribing rectangular of the circumscribing oval of the moving area, and the area that the moving area and the actual arm are proximate, and the proximity level of the edge of the moving area and the edge of the arm may be used. Specific descriptions are omitted.
The system of ZHAO provides identical functionality to that of the presently claimed invention and therefore, the Examiner most respectfully maintains the rejection.
Conclusion
The prior art of record relevant to the claimed subject matter but not cited in this rejection is found on the 892.
US 20240362822 A1: Abstract
There is provided a signal processing device and a signal processing method capable of accurately acquiring distance information in a case where a transparent subject is present. The signal processing device includes an acquisition unit that acquires histogram data of a flight time of irradiation light to a subject, a transparent subject determination unit that determines whether or not the subject is a transparent subject on the basis of peak information indicated by the histogram data and three-dimensional coordinates of the subject calculated on the basis of the histogram data, and an output unit that outputs the three-dimensional coordinates of the subject in which color information or three-dimensional coordinates of the subject is corrected on the basis of a transparent subject determination result of the transparent subject determination unit. The technology of the present disclosure can be applied to, for example, a signal processing device and the like that corrects distance information acquired by a ToF sensor of a direct ToF system.
THIS ACTION IS MADE FINAL. 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.
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/EMILY C TERRELL/Supervisory Patent Examiner, Art Unit 2666
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