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.
Claim 1 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.
The term “frequency” in claim 1 is unclear because it is not defined in applicant’s disclosure and based on the claim construction a definition cannot be derived, therefor unable to determine the metes and mounds of the claim. For purposes of examination, “frequency” will be assumed to mean a count of occurrences.
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 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) 1-3, 5, 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kumiko (JP 2021067534).
Regarding claim 1, Kumiko teaches
A ranging device comprising: (An object of the present disclosure is to provide a distance measuring device (paragraph 0005))
a light receiving unit including a light receiving element; (The light receiving unit 302 includes a light receiving element that converts light into an electric signal by photoelectric conversion, and outputs a signal corresponding to the received light. (paragraph 0011))
a frequency distribution generation unit configured to generate a frequency distribution indicating a relationship between a distance and a frequency based on a timing at which light irradiated to an object is detected by the light receiving element; (The ranging device 300 counts the number of times the light receiving time tm is acquired based on the bins to obtain the frequency 310 for each bin, and generates a histogram. (paragraph 0016))
a control unit configured to control a frame period that is a period from a start to an end of counting of distance data in the frequency distribution generation unit; (The light emission timing control unit 105 generates a light emission control signal indicating a light emission timing according to a light emission trigger signal supplied from the outside. The light emission control signal is supplied to the light source unit 2 and is supplied to the distance measurement processing unit 101. (paragraph 0024))
and a distance measurement result calculation unit configured to calculate a distance measurement result based on the frequency distribution, (The distance measuring device 300 acquires the representative time of the bottle (for example, the time in the center of the bottle) as the time t1 described above, and calculates the distance D to the object to be measured 303 according to the formula (1) described above. (paragraph 0017))
wherein the distance measurement result calculation unit periodically acquires the frequency distribution from the frequency distribution generation unit during a predetermined period set in advance as the frame period, (FIG. 2 is a diagram showing an example histogram based on the time when the light receiving unit 302 receives light, which is applicable to each embodiment. In FIG. 2, the horizontal axis indicates the bin and the vertical axis indicates the frequency for each bin. The bins are obtained by classifying the light receiving time tm for each predetermined unit time d. (paragraph 0015))
wherein, when the frequency of any of the classes in the acquired frequency distribution exceeds a predetermined threshold value, (In the case of FIG. 18B, since the distance between the peaks 51d and 51e is higher than the offset height of the histogram 50 by a predetermined value or more, it is considered that one peak is broken at the peaks 51d and 51e, and the two peaks 51d and 51e whose positions are close to each other are considered to be broken. (paragraph 0107))
the distance measurement result calculation unit determines a distance range of a class in which the frequency exceeds the threshold value as a distance measurement result, (The distance measuring device 1 further calculates the distance D to the object to be measured based on the generated histogram. (paragraph 0022))
and the control unit outputs the distance measurement result from the distance measurement result calculation unit before the predetermined period to elapse, and ends the frame period. (The information indicating the calculated distance D is stored in the storage unit 3. (paragraph 0022 and Fig. 2))
Regarding claim 2, Kumiko teaches
The ranging device according to claim 1 wherein the distance measurement result calculation unit determines a distance range of a class having the highest frequency among the acquired frequency distribution as the distance measurement result, (The bin corresponding to the frequency of the peak in the active light component 312 becomes the bin corresponding to the distance D of the object to be measured 303. (paragraph 0017 and Fig. 2))
and wherein when the frequency of the class corresponding to the distance measurement result exceeds the threshold value, (In the case of FIG. 18B, since the distance between the peaks 51d and 51e is higher than the offset height of the histogram 50 by a predetermined value or more, it is considered that one peak is broken at the peaks 51d and 51e, and the two peaks 51d and 51e whose positions are close to each other are considered to be broken. (paragraph 0107))
the control unit outputs the distance measurement result from the distance measurement result calculation unit without waiting for the predetermined period to elapse, and ends the frame period. (The information indicating the calculated distance D is stored in the storage unit 3. (paragraph 0022 and Fig. 2))
Regarding claim 3, Kumiko teaches
The ranging device according to claim 1, wherein, when the predetermined period has elapsed without that the frequencies of all classes in the acquired frequency distribution exceed the threshold value, (The bin corresponding to the frequency of the peak in the active light component 312 becomes the bin corresponding to the distance D of the object to be measured 303. (paragraph 0017 and Fig. 2))
the distance measurement result calculation unit determines a distance range of a class having highest frequency among the acquired frequency distribution as the distance measurement result, (In the case of FIG. 18B, since the distance between the peaks 51d and 51e is higher than the offset height of the histogram 50 by a predetermined value or more, it is considered that one peak is broken at the peaks 51d and 51e, and the two peaks 51d and 51e whose positions are close to each other are considered to be broken. (paragraph 0107 and Fig. 2))
and the control unit outputs the distance measurement result from the distance measurement result calculation unit, and ends the frame period. (The information indicating the calculated distance D is stored in the storage unit 3. (paragraph 0022 and Fig. 2))
Regarding claim 5, Kumiko teaches
The ranging device according to claim 1, wherein the threshold value is set to each of a plurality of classes constituting the frequency distribution. (Further, the height obtained by subtracting the ambient light component shown in the range 311 as an offset in the histogram of FIG. 2 is called a peak intensity. (paragraph 0104 and Fig. 2) In figure 2 it shows the threshold being applied to the entire time frame which applies to each of the classes.)
Regarding claim 12, Kumiko teaches
The ranging device according to claim 1 further comprising a distance calculation unit configured to generate distance data indicating a distance to the object based on a timing at which light irradiated to the object is detected by the light receiving element, (The distance measuring device 1 further calculates the distance D to the object to be measured based on the generated histogram. (paragraph 0022))
wherein the frequency distribution generation unit generates the frequency distribution by counting the distance data output from the distance calculation unit for each class of distances. (The ranging device 300 counts the number of times the light receiving time tm is acquired based on the bins to obtain the frequency 310 for each bin, and generates a histogram. (paragraph 0016))
Regarding claim 13, Kumiko teaches
The ranging device according to claim 1, wherein the frequency distribution generation unit generates the frequency distribution by counting the signals output from the light receiving element in a time division manner. (The ranging device 300 counts the number of times the light receiving time tm is acquired based on the bins to obtain the frequency 310 for each bin, and generates a histogram. (paragraph 0016))
Regarding claim 14, Kumiko teaches
An information processing device that processes distance data indicating a distance to an object comprising: (An object of the present disclosure is to provide a distance measuring device (paragraph 0005))
a frequency distribution generation unit configured to generate a frequency distribution by counting of distance data for each class defined by distances; (The ranging device 300 counts the number of times the light receiving time tm is acquired based on the bins to obtain the frequency 310 for each bin, and generates a histogram. (paragraph 0016))
a control unit configured to control a frame period that is a period from a start to an end of counting of the distance data in the frequency distribution generation unit; (a time measuring unit that measures the time from the light emitting timing when the light source emits light to the light receiving timing when the light receiving element receives light, and acquires a measured value. (paragraph 0006))
and a distance measurement result calculation unit configured to calculate a distance measurement result based on the frequency distribution, (The distance measuring device 1 further calculates the distance D to the object to be measured based on the generated histogram. (paragraph 0022))
wherein the distance measurement result calculation unit periodically acquires the frequency distribution from the frequency distribution generation unit during a predetermined period set in advance as the frame period, (FIG. 2 is a diagram showing an example histogram based on the time when the light receiving unit 302 receives light, which is applicable to each embodiment. In FIG. 2, the horizontal axis indicates the bin and the vertical axis indicates the frequency for each bin. The bins are obtained by classifying the light receiving time tm for each predetermined unit time d. (paragraph 0015))
wherein, when the frequency of any of the classes in the acquired frequency distribution exceeds a predetermined threshold value, (In the case of FIG. 18B, since the distance between the peaks 51d and 51e is higher than the offset height of the histogram 50 by a predetermined value or more, it is considered that one peak is broken at the peaks 51d and 51e, and the two peaks 51d and 51e whose positions are close to each other are considered to be broken. (paragraph 0107))
the distance measurement result calculation unit determines a distance range of a class in which the frequency exceeds the threshold value as a distance measurement result, (The distance measuring device 1 further calculates the distance D to the object to be measured based on the generated histogram. (paragraph 0022))
and the control unit outputs the distance measurement result from the distance measurement result calculation unit before the predetermined period to elapse, and ends the frame period. (The information indicating the calculated distance D is stored in the storage unit 3. (paragraph 0022 and Fig. 2))
Regarding claim 15, Kumiko teaches
A movable object comprising: (As an application example of the distance measuring device 1a according to the present disclosure, the distance measuring device 1a is mounted on a vehicle and used. A more specific example of the case will be described. FIG. 26 is a block diagram showing a schematic configuration example of a vehicle control system, which is an example of a mobile control system to which the technique according to the present disclosure can be applied. (paragraph 0154 and fig. 27))
the ranging device according to claim 1; (An object of the present disclosure is to provide a distance measuring device (paragraph 0005))
and a control unit configured to control the movable body based on distance information acquired by the ranging device. (As an application example of the distance measuring device 1a according to the present disclosure, a more specific example in the case where the distance measuring device 1a is mounted on a vehicle and used will be described. FIG. 26 is a block diagram showing a schematic configuration example of a vehicle control system, which is an example of a mobile control system to which the technique according to the present disclosure can be applied. (paragraph 0154))
Regarding claim 16, Kumiko teaches
A method of measuring a distance by generating a frequency distribution indicating a relationship between a distance and a frequency based on a timing at which light irradiated to an object is detected by a light receiving element, and calculating a distance measurement result based on the frequency distribution, the method comprising: (In the direct ToF method of distance measurement, various internal information including the distance measurement result is output from the sensor. (paragraph 0004))
periodically acquiring the frequency distribution during a predetermined period set in advance as a frame period that is a period from a start to an end of the counting of the distance data; (The ranging device 300 counts the number of times the light receiving time tm is acquired based on the bins to obtain the frequency 310 for each bin, and generates a histogram. (paragraph 0016))
determining whether or not the frequency of any of the classes in the acquired frequency distribution exceeds a predetermined threshold value, (In the case of FIG. 18B, since the distance between the peaks 51d and 51e is higher than the offset height of the histogram 50 by a predetermined value or more, it is considered that one peak is broken at the peaks 51d and 51e, and the two peaks 51d and 51e whose positions are close to each other are considered to be broken. (paragraph 0107))
and when the frequency exceeds the threshold value, determining a distance range of a class in which the frequency exceeds the threshold value as a distance measurement result, and ending the frame period before the predetermined period to elapse. (The distance measuring device 1 further calculates the distance D to the object to be measured based on the generated histogram. The information indicating the calculated distance D is stored in the storage unit 3. (paragraph 0022 and fig. 2))
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumiko (JP 2021067534)
Regarding claim 4, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko does not explicitly disclose wherein, when the predetermined period has elapsed without that the frequencies of all classes in the acquired frequency distribution exceed the threshold value, the control unit ends the frame period without outputting the distance measurement result from the distance measurement result calculation unit. Although the prior art does not disclose any of the frequencies exceeding a threshold and not outputting a distance, fig. 312 clearly suggest that histograms values below 311 fail to measure no more than ambient light and therefore would provide a false distance reading.
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of Kumiko to not output a distance calculation based light measurements that amount to ambient light and therefore all histogram values are below a threshold, there minimizing false distances being output and thereby creating reliable process.
Claim(s) 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kumiko (JP 2021067534) in view of Lee et al. (US 20240288555 A1).
Regarding claim 6, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko fails to teach wherein the threshold value is set to a class excluding a class corresponding to a distance measurement result output in a previous frame period and a predetermined number of classes adjacent to the class corresponding to the distance measurement result output in the previous frame period among a plurality of classes constituting the frequency distribution.
In the same field of endeavor, Lee teaches wherein the threshold value is set to a class excluding a class corresponding to a distance measurement result output in a previous frame period and a predetermined number of classes adjacent to the class corresponding to the distance measurement result output in the previous frame period among a plurality of classes constituting the frequency distribution. (As another example, the data processing unit may remove a flaring artifact using a filter with an adaptive threshold set for flaring. Specifically, when a counting value corresponding to flaring is determined, the data processing unit applies a threshold at a level higher than the counting value corresponding to the flaring, thereby removing the counting value corresponding to the flaring. (paragraph 0830))
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to increase the accuracy of the distance measurement.
Regarding claim 7, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko fails to teach wherein the light receiving unit includes a plurality of light receiving elements, and the ranging device includes a plurality of frequency distribution generation units and a plurality of distance measurement result calculation units each corresponding to the plurality of light receiving elements, and wherein the distance measurement result output in the previous frame period is a distance measurement result output from distance measurement result calculation units corresponding to one light receiving element and a light receiving element adjacent to the one light receiving element in the previous frame period.
In the same field of endeavor, Lee teaches wherein the light receiving unit includes a plurality of light receiving elements, and the ranging device includes a plurality of frequency distribution generation units and a plurality of distance measurement result calculation units each corresponding to the plurality of light receiving elements, and wherein the distance measurement result output in the previous frame period is a distance measurement result output from distance measurement result calculation units corresponding to one light receiving element and a light receiving element adjacent to the one light receiving element in the previous frame period. (According to another embodiment of the present disclosure, there is provided a method for processing data obtained based on detection signals generated from a detector array including a plurality of detector unit performed by one or more processors (paragraph 0015)
The present disclosure is directed to obtaining depth information of an object by using counting values for detectors adjacent to each other. (paragraph 0008))
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to increase the accuracy of the distance measurement.
Regarding claim 8, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko fails to teach wherein the frequency distribution includes a first class and a second class located closer to a shorter distance than the first class, and the threshold value set in the second class is smaller than the threshold value set in the first class.
In the same field of endeavor, Lee wherein the frequency distribution includes a first class and a second class located closer to a shorter distance than the first class, and the threshold value set in the second class is smaller than the threshold value set in the first class. (As another example, the data processing unit may remove a flaring artifact using a filter with an adaptive threshold set for flaring. Specifically, when a counting value corresponding to flaring is determined, the data processing unit applies a threshold at a level higher than the counting value corresponding to the flaring, thereby removing the counting value corresponding to the flaring. (paragraph 0830))
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to exclude noise values in the histogram generation.
Regarding claim 9, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko fails to teach further comprising a threshold value holding unit configured to hold threshold value information including the threshold value, wherein when the distance measurement result in a certain frame period is determined, the threshold value information is updated based on data of the class and the frequency corresponding to the distance measurement result.
In the same field of endeavor, Lee teaches further comprising a threshold value holding unit configured to hold threshold value information including the threshold value, wherein when the distance measurement result in a certain frame period is determined, the threshold value information is updated based on data of the class and the frequency corresponding to the distance measurement result. (Specifically, the data processing unit may pre-store a plurality of thresholds in order to distinguish between characteristics of an object and noise on the basis of levels of counting values. (paragraph 0823)
As another example, the data processing unit may remove a flaring artifact using a filter with an adaptive threshold set for flaring. Specifically, when a counting value corresponding to flaring is determined, the data processing unit applies a threshold at a level higher than the counting value corresponding to the flaring, thereby removing the counting value corresponding to the flaring. (paragraph 0830))
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to update the baseline noise level based on changing circumstances.
Regarding claim 10, Kumiko teaches all of the elements of claim 1 as previously stated, however Kumiko additionally teaches and wherein a determination of whether or not frequencies in the frequency distribution exceeds the threshold value is performed for the frequencies of the frequency distributions corresponding to a part of the light receiving elements among the plurality of light receiving elements. (In addition, a height obtained by subtracting the ambient light component indicated in the range 311 as an offset in the histogram of FIG. 2 is referred to as a peak intensity. (paragraph 0104 and Fig. 2) In figure 2 it shows the threshold being applied to the entire time frame which applies to each of the classes.)
Kumiko fails to teach, wherein the light receiving unit includes a plurality of light receiving elements, and the ranging device includes a plurality of distance calculation units, a plurality of frequency distribution generation units, and a plurality of distance measurement result calculation units each corresponding to the plurality of light receiving elements,
In the same field of endeavor, Lee teaches wherein the light receiving unit includes a plurality of light receiving elements, and the ranging device includes a plurality of distance calculation units, a plurality of frequency distribution generation units, and a plurality of distance measurement result calculation units each corresponding to the plurality of light receiving elements, (According to another embodiment of the present disclosure, there is provided a method for processing data obtained based on detection signals generated from a detector array including a plurality of detector unit performed by one or more processors (paragraph 0015))
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to increase accuracy in the distance measurement.
Regarding claim 11, Kumiko teaches the elements of claim 10 as previously stated, however Kumiko fails to teach wherein the part of the light receiving elements is positioned at an outer edge of a light receiving area of the light receiving unit.
In the same field of endeavor, Lee teaches wherein the part of the light receiving elements is positioned at an outer edge of a light receiving area of the light receiving unit. ((Fig. 2) It can be seen in figure 2 that there are light receiving elements on the outer edge of the light receiving area.)
It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features of Lee into the invention of Kumiko. Both references are considered analogous arts to the claimed invention as they both disclose distance measuring methods. The combination of Kumiko and Lee would be obvious with a reasonable expectation of success to allow for more light to be received.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETHAN J SLAUGHTER whose telephone number is (571)388-3021. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ETHAN JAKOB SLAUGHTER/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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