DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it recites a program causing a computer to function as various units for signal processing, without specifying that the program is embodied on a non-transitory, tangible computer-readable medium; as such, the claim encompasses software per se, which does not fall within the statutory categories of process, machine, manufacture, or composition of matter required by §101 and is not patent-eligible subject matter.
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kelly (US 2023/0124286) – (also WO 2020163349 A1).
Regarding Claims 1, 15 and 16, Kelly discloses a signal processing apparatus, method and program causing a computer to function [0033; 0205-20], comprising: a distance measurement unit that calculates a distance to a subject on a basis of an amount of electric charge acquired from a light receiving unit [0003; 0089; 0092-93] that accumulates, as the amount of electric charge, an amount of reflected light received, the reflected light being modulated light reflected off the subject at a time of measuring the distance by use of the modulated light at a predetermined frequency [0027-28; 0033; 0037-38; 0092-93], the modulated light being emitted from a light emitting unit, and on a basis of the predetermined frequency, and generates a distance image [0027-28; 0033; 0037-38]; an area setting unit that sets a target area targeted for exposure control for measuring a distance by use of modulated light at a second frequency [0027-28; 0033; 0037-38; 0145], on a basis of a first distance image generated at a time of measuring a distance by use of modulated light at a first frequency [0133; 0139; 0145; 0156; 0159; 0166-69; 0172]; and a frequency calculation unit that calculates the second frequency on a basis of the target area [0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 2, Kelly also discloses wherein the frequency calculation unit determines the second frequency on a basis of a distance from the light receiving unit to an area where a pixel value failed to be obtained in the first distance image [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 3, Kelly also discloses wherein the frequency calculation unit determines a third frequency in a case where the first distance image, and a second distance image generated at a time of measuring a distance by use of the modulated light at the second frequency include an area where a pixel value failed to be obtained [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 4, Kelly also discloses wherein the area setting unit sets, as the target area, an area where the pixel value failed to be obtained due to saturation in the first distance image [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 5, Kelly also discloses wherein the area setting unit sets, as the target area, an area where the pixel value failed to be obtained due to low luminance in the first distance image [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 6, Kelly also discloses wherein the area setting unit sets, as the target area, an area including an object recognized in the first distance image [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 7, Kelly also discloses wherein the area setting unit sets, as the target area, an area based on a distance or an area in the first distance image, the area being designated by a user [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 8, Kelly also discloses an exposure control unit that performs the exposure control for setting an exposure for the target area set by the area setting unit upon measuring a distance by use of the second frequency [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 9, Kelly also discloses an exposure time calculation unit that calculates an exposure time on a basis of the amount of electric charge, wherein the exposure control unit performs the exposure control on a basis of the calculated exposure time [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 10, Kelly also discloses wherein the exposure time calculation unit calculates the amount of light necessary for exposure, and the exposure control unit performs the exposure control on a basis of the exposure time and the amount of light [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Regarding Claim 11, Kelly also discloses the light emitting unit; and the light receiving unit [0027-28; 0033; 0037-38; 0205-0220].
Regarding Claim 12, Kelly also discloses wherein the light emitting unit emits the modulated light at the first frequency and the modulated light at the second frequency [0027-28; 0033; 0037-38].
Regarding Claim 13, Kelly also discloses wherein the light emitting unit includes a first light emitting unit that emits the modulated light at the first frequency, and a second light emitting unit that emits the modulated light at the second frequency [0027-28; 0033; 0037-38; 0205-0220].
Regarding Claim 14, Kelly also discloses wherein the light emitting unit comprises a plurality of the light emitting units, and the light emitting unit with a frequency closest to the second frequency calculated by the frequency calculation unit among the plurality of the light emitting units emits the modulated light [0027-28; 0033; 0037-38; 0145; 0156; 0159; 0166-69; 0172; 0174].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R HULKA whose telephone number is (571)270-7553. The examiner can normally be reached M-R: 9am-6pm, F: 10am-2pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at 5712705227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES R. HULKA
Primary Examiner
Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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