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 .
Response to Amendment
Applicant’s amendment filed on October 8, 2025 has been entered and made of record.
Claim Interpretation
Amended claim 13 is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they are all method claims.
Amended claims 1-12 are not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the recitations of “circuitry” provides sufficient structure to perform all claimed limitations.
Amended claim 14 is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it is an article of manufacture claim.
Response to Arguments
Applicant's arguments filed October 8, 2025 have been fully considered but they are not fully persuasive.
In response to arguments with regard to the rejection of claim 14 under 35 U.S.C. 101 (see page 10), such rejection has been withdrawn.
In response to arguments with regard to the rejection of claims 1-4, 13 and 14 under 35 U.S.C. 102(a)(1) as being anticipated by Nehmadi (see pages 10-12), it is noted that applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. In this case, Nehmadi does teach claim limitations. For example, Nehmadi teaches an information processing device comprising: circuitry configured to (see processing and control system 210 in figure 2A; para. [0053] (system 210 is a computing unit including a CPU, GPU and optimized software):
extract, from light reception data, active information indicating a flight time of reference light and passive information indicating two-dimensional image information of a subject obtained from ambient light (see figure 2A (LD active sensor 220 and HD passive sensor 230) and paras. [0047] (analyzing a scene using passive and active measurements; thus, these measurements are extracted then analyzed), [0048] (passive sensor 230 and active sensor 220 are connected to the processing and control system 210), [0050] (passive sensor 230 acquires images) and [0051] (active sensor 220 performs active distance measurements; active sensor 220 is a LiDAR or radar sensor and generates time of flight TOF information); figure 2B and paras [0061] – [0062] (passive sensors 278, 280, 2922, and 294; active LiDAR sensors 282, 284, 286 and 290; and processing unit 270); figure 4 (acquiring pass image (S410), active distance data set ADS (S420, and 3D map data (S430), then merging passive image and ADS set with 3D data);
generate passive depth information based on the passive information (see para. [0051] (the passive sensor 230 can be one of a pair of sensors producing distance information using stereo-vision; thus, distance information refers to the so-called depth information)); and
fuse the passive depth information with active depth information generated based on the active information to generate depth information of the subject (see figure 4 (acquiring passive image (S410), active distance data set ADS (S420, and 3D map data (S430), then merging passive image and ADS set with 3D data)),
wherein a signal of a portion of the reference light is acquired as an active signal attributed to the reference light (see figure 2A (LD active sensor 220); para. [0051] (active sensor 220 performs active distance measurements; active sensor 220 is a LiDAR or radar sensor and generates time of flight TOF information)) and
wherein a signal of a portion attributed to the ambient light is acquired as a signal value of a passive signal attributed to the ambient light (see figure 2A (HD passive sensor 230); para. [0050] (passive sensor 230 acquires images)).
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-4 and 13-14 is/are rejected under 35 U.S.C. 102(a/b) as being anticipated by Nehmadi et al. (U.S. Pat. App. Pub. No. 2018/0232947 Al, Art of record IDS filed on August 8, 2024, and referred as Nehmadi hereinafter).
Regarding claim 1 as a representative claim, Nehmadi discloses an information processing device comprising: circuitry configured to (see processing and control system 210 in figure 2A; para. [0053] (system 210 is a computing unit including a CPU, GPU and optimized software):
extract, from light reception data, active information indicating a flight time of reference light and passive information indicating two-dimensional image information of a subject obtained from ambient light (see figure 2A (LD active sensor 220 and HD passive sensor 230) and paras. [0047] (analyzing a scene using passive and active measurements; thus, these measurements are extracted then analyzed), [0048] (passive sensor 230 and active sensor 220 are connected to the processing and control system 210), [0050] (passive sensor 230 acquires images) and [0051] (active sensor 220 performs active distance measurements; active sensor 220 is a LiDAR or radar sensor and generates time of flight TOF information); figure 2B and paras [0061] – [0062] (passive sensors 278, 280, 2922, and 294; active LiDAR sensors 282, 284, 286 and 290; and processing unit 270); figure 4 (acquiring pass image (S410), active distance data set ADS (S420, and 3D map data (S430), then merging passive image and ADS set with 3D data);
generate passive depth information based on the passive information (see para. [0051] (the passive sensor 230 can be one of a pair of sensors producing distance information using stereo-vision; thus, distance information refers to the so-called depth information)); and
fuse the passive depth information with active depth information generated based on the active information to generate depth information of the subject (see figure 4 (acquiring passive image (S410), active distance data set ADS (S420, and 3D map data (S430), then merging passive image and ADS set with 3D data)),
wherein a signal of a portion of the reference light is acquired as an active signal attributed to the reference light (see figure 2A (LD active sensor 220); para. [0051] (active sensor 220 performs active distance measurements; active sensor 220 is a LiDAR or radar sensor and generates time of flight TOF information)).
wherein a signal of a portion attributed to the ambient light is acquired as a signal value of a passive signal attributed to the ambient light (see figure 2A (HD passive sensor 230); para. [0050] (passive sensor 230 acquires images)).
Regarding claim 2, the advanced statements as applied to claim 1 are incorporated hereinafter. Nehmadi further discloses wherein the circuitry is further configured to extract, from the passive information, a plurality of two-dimensional images of the subject acquired from different viewpoints at different time points, and wherein the circuitry generates the passive depth information from the plurality of two-dimensional images by stereo imaging (see paras. [0063] (“high data-rate image acquisition”, which implies extraction of a plurality of 2D images of the subject by stereo imaging from the passive camera), [0058] (images are acquired by passive sensor 230 at different time points), [0078] (image captured at two different time points from the same sensor or two different sensors) and [0105] (depth measurement)).
Regarding claim 3, the advanced statements as applied to claims 1-2 above are incorporated hereinafter. Nehmadi further discloses wherein the circuitry is further configured to detect a plurality of viewpoints corresponding to the plurality of two-dimensional images based on position/posture information estimated using the active depth information (see para. [0067] (overlay the 3D map obtained from the active sensor on the 2D image from the passive sensors; different acquisition times of the measurements from active sensors; this corresponds to the “position/posture information estimated using thee active depth information”).
Regarding claim 4, Nehmadi further discloses wherein the circuitry is further configured to correct the active depth information such that a depth of the subject matches a shape of the subject estimated based on the passive information (see paras. [0119] – [0120] (filter; accurate coordinate transformation calculations; motion; depth; pointclouds)).
Regarding claim 13, it is noted that this claim is a method claim and recites similar claim limitations called for in the counterpart claim 1. Thus, claim 13 is also rejected for the same reasons as set forth in claim 1 above.
Regarding claim 14, it is noted that this claim recites similar claim limitations called for in the counterpart claim 1. Thus, the advanced statements as applied to claim 1 above are incorporated hereinafter. Nehmadi further a program and a computer (see para. [0170] (software, program, computer and CPU)).
Allowable Subject Matter
Claims 5-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the cited prior art does not teach or suggest claim limitations “a planar angle estimation unit that estimates an angle of a planar portion of the subject based on the active depth information before correction, wherein the filter unit corrects the active depth information such that the planar portion has an identical depth in a case where the planar portion is orthogonal to a depth direction, and corrects the active depth information such that the depth of the planar portion varies according to the angle in a case where the planar portion is inclined with respect to the depth direction.
Regarding claim 6, the cited prior art does not teach or suggest claim limitations “wherein the signal acquisition unit includes: a waveform conversion unit that converts a peak attributed to the reference light into a pulsed waveform; a peak acquisition unit that acquires a signal of a portion corresponding to the pulsed waveform as an active signal attributed to the reference light; and a section averaging 25 unit that calculates an average signal value of a portion attributed to the ambient light and acquires the calculated average signal value as a signal value of a passive signal attributed to the ambient light”.
Claims 7-12 depend on claim 6 and thus are allowable for the same reasons as well.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY M DANG whose telephone number is (571)272-7389. The examiner can normally be reached Monday to Friday from 7:00AM to 3:00PM.
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DMD
12/2025
/DUY M DANG/Primary Examiner, Art Unit 2662