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 Amendments
The Amendment filed July 10th, 2026 has been entered. Claims 1-13 remain pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 17th, 2026 was filed after the mailing date of the Non-Final Office Action on April 13th, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 9, 11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okiyama et al. (United States Patent Application Publication 20200304723 A1), hereinafter Okiyama.
Regarding claim 9, Okiyama teaches a range finding device, comprising:
an image capture device including an image capture optical system and an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal);
a measurement circuit that measures a distance to a predetermined position within a field of view of the image capture device ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.);
a focus adjustment circuit that performs focus adjustment with respect to the image capture optical system ([0086] In response to a half push of the shutter button 6 during the auto shooting mode, the system control unit 25 moves a focus lens of the lens unit 12 from the closest side to the infinity side via a lens driving unit 27, and operates the AF processing function to acquire AF evaluation values at individual lens positions from the AF processing function.); and
a control circuit that records image data that has been obtained using the image capture device, as well as a measurement result from the measurement circuit, into a recording medium in association with each other ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25),
wherein the control circuit executes the recording under a condition that the measurement performed by the measurement circuit has been successful ([0134] In addition, the distance measurement information acquiring unit 115 acquires, for example, the focal distances (first distance information) of the areas A, B, C, D, and E before acquisition of the captured image by using the phase-difference pixels disposed in the imaging device 21.), and
in a case where the measurement performed by the measurement circuit has not been successful, the recording is not executed even if the focus adjustment has been successful ([0068] The shutter button 6 is an image capturing instruction unit that receives an image capturing instruction from a user, and is constituted by a two-stroke switch having an S1 switch that is turned on by a half push and an S2 switch that is turned on by a full push).
Regarding claim 11, Okiyama teaches a control method for a range finding device that includes an image capture device including an image capture optical system and an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal),
a measurement circuit that measures a distance to a predetermined position within a field of view of the image capture device ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.), and
a focus adjustment circuit that performs focus adjustment with respect to the image capture optical system ([0086] In response to a half push of the shutter button 6 during the auto shooting mode, the system control unit 25 moves a focus lens of the lens unit 12 from the closest side to the infinity side via a lens driving unit 27, and operates the AF processing function to acquire AF evaluation values at individual lens positions from the AF processing function.), the control method comprising:
recording image data that has been obtained using the image capture device, as well as a measurement result from the measurement circuit, into a recording medium in association with each other ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25)
under a condition that the measurement performed by the measurement circuit has been successful ([0134] In addition, the distance measurement information acquiring unit 115 acquires, for example, the focal distances (first distance information) of the areas A, B, C, D, and E before acquisition of the captured image by using the phase-difference pixels disposed in the imaging device 21.); and
in a case where the measurement performed by the measurement circuit has not been successful, refraining from executing the recording even if the focus adjustment has been successful ([0068] The shutter button 6 is an image capturing instruction unit that receives an image capturing instruction from a user, and is constituted by a two-stroke switch having an S1 switch that is turned on by a half push and an S2 switch that is turned on by a full push).
Regarding claim 13, Okiyama teaches a non-transitory computer-readable medium storing a program executable by a computer being included in a range finding device that includes an image capture device including an image capture optical system and an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal; [0123] non-transitory recording medium),
a measurement circuit that measures a distance to a predetermined position within a field of view of the image capture device ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.), and
a focus adjustment circuit that performs focus adjustment with respect to the image capture optical system, wherein the program causes, when executed by the computer, the computer to perform a control method for the range finding device ([0086] In response to a half push of the shutter button 6 during the auto shooting mode, the system control unit 25 moves a focus lens of the lens unit 12 from the closest side to the infinity side via a lens driving unit 27, and operates the AF processing function to acquire AF evaluation values at individual lens positions from the AF processing function.) comprising:
recording image data that has been obtained using the image capture device, as well as a measurement result from the measurement circuit, into a recording medium in association with each other ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25)
under a condition that the measurement performed by the measurement circuit has been successful ([0134] In addition, the distance measurement information acquiring unit 115 acquires, for example, the focal distances (first distance information) of the areas A, B, C, D, and E before acquisition of the captured image by using the phase-difference pixels disposed in the imaging device 21.); and
in a case where the measurement performed by the measurement circuit has not been successful, refraining from executing the recording even if the focus adjustment has been successful ([0068] The shutter button 6 is an image capturing instruction unit that receives an image capturing instruction from a user, and is constituted by a two-stroke switch having an S1 switch that is turned on by a half push and an S2 switch that is turned on by a full push).
Claim Rejections - 35 USC § 103
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 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.
Claims 1-5, 8, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Okiyama in view of Kato et al. (United States Patent Application Publication 20220120908 A1), hereinafter Kato.
Regarding claim 1, Okiyama teaches a range finding device, comprising: an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal);
a measurement circuit that measures a distance to a predetermined position within a field of view of the image sensor based on time of flight of light ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.); and
a control circuit that in a case where the measurement performed by the measurement circuit has been successful, records image data that has been obtained using the image sensor, as well as a result of the measurement, into a recording medium in association with each other ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25), and
Okiyama fails to teach the device including in a case where the measurement performed by the measurement circuit has not been successful, does not record the image data and the result of the measurement.
However, Kato teaches the device including in a case where the measurement performed by the measurement circuit has not been successful, does not record the image data and the result of the measurement ([0138] Here, in the case where a light-receiving element that did not receive reflected light from a light beam exists, the data for the points corresponding to the light-receiving element is not included in the outputted point cloud data; [0147] The point cloud data according to the present embodiment does not include data for points corresponding to the light-receiving elements that did not receive the reflected light of a light beam from among the light-receiving elements of the image sensor 120.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise the non-recording state similar to Kato, with a reasonable expectation of success. This would have the predictable result of utilizing a failsafe system in which data processing power isn't wasted on capturing images that have not been validated by a related distance information.
Regarding claim 2, Okiyama, as modified, teaches the range finding device according to claim 1,
Okiyama fails to teach the device wherein the control circuit records a part of a plurality of measurement results that have been obtained at an interval equal to or shorter than a predetermined period for the predetermined position or nearby positions by the measurement circuit
However, Kato teaches the device wherein the control circuit records a part of a plurality of measurement results that have been obtained at an interval equal to or shorter than a predetermined period for the predetermined position or nearby positions by the measurement circuit ([0099] The light emitter may also be configured to emit the plurality of light beams on a fixed time interval. The reference time of each frame may also be set to an emission time of the light beam emitted first to acquire the measurement data for the frame)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise interval capture system similar to Kato, with a reasonable expectation of success. This would have the predictable result of spacing range and image capture sequences into predetermined intervals and avoid energy and storage space unnecessarily with continuous capture.
Regarding claim 3, Okiyama, as modified, teaches the range finding device according to claim 2, wherein among the plurality of measurement results, the control circuit records one or more measurement results that have been obtained first ([0128] Alternatively, the distance measurement information acquiring unit 115 may acquire first distance information by using a distance measuring device (not illustrated) equipped in the digital camera 2 and may use the first distance information as distance information (first distance information) of a plurality of areas in a captured image.).
Regarding claim 4, Okiyama, as modified, teaches the range finding device according to claim 2, wherein among the plurality of measurement results, the control circuit records one or more measurement results that have been obtained last ([0129] The distance information calculating unit 117 calculates, on the basis of the information about the in-focus position and the first distance information of the plurality of areas, for each of the plurality of areas, second distance information which is information indicating a distance from the in-focus position.).
Regarding claim 5, Okiyama, as modified, teaches the range finding device according to claim 2, wherein among the plurality of measurement results, the control circuit records a single measurement result corresponding to image data with the smallest amount of image blur ([0134] Because the area A is in focus, the in-focus information acquiring unit 113 acquires position information of the area A.).
Regarding claim 8, Okiyama, as modified, teaches the range finding device according to claim 1, wherein the control circuit includes the measurement result into metadata of the image data ([0092] The information acquired by the metering mode information acquiring unit 101 includes information about a metering area in the metering mode or a method for calculating a photometric value. As will be described below, it is sufficient that the information acquired by the metering mode information acquiring unit 101 include information that is necessary to determine a target area that is to be used to calculate a representative luminance.).
Regarding claim 10, Okiyama teaches a control method for a range finding device that includes an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal) and
a measurement circuit that measures a distance to a predetermined position within a field of view of the image sensor based on time of flight of light ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.),
the control method comprising in a case where the measurement performed by the measurement circuit has been successful, recording image data that has been obtained using the image sensor, as well as a result of the measurement, into a recording medium in association with each other; and ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25)
Okiyama fails to teach the device including in a case where the measurement performed by the measurement circuit has not been successful; not recording the image data and the result of the measurement.
However, Kato teaches the device including in a case where the measurement performed by the measurement circuit has not been successful; not recording the image data and the result of the measurement ([0138] Here, in the case where a light-receiving element that did not receive reflected light from a light beam exists, the data for the points corresponding to the light-receiving element is not included in the outputted point cloud data; [0147] The point cloud data according to the present embodiment does not include data for points corresponding to the light-receiving elements that did not receive the reflected light of a light beam from among the light-receiving elements of the image sensor 120.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise the non-recording state similar to Kato, with a reasonable expectation of success. This would have the predictable result of utilizing a failsafe system in which data processing power isn't wasted on capturing images that have not been validated by a related distance information.
Regarding claim 12, Okiyama teaches a non-transitory computer-readable medium storing a program executable by a computer being included in a range finding device that comprises an image sensor ([0075] The imaging device 21 is a device that optically receives a subject image and generates an imaging signal (image data), and has color filters of RGB (red, green, and blue) and an image sensor for converting an optical image to an electric signal; [0123] non-transitory recording medium) and
a measurement circuit that measures a distance to a predetermined position within a field of view of the image sensor based on time of flight of light ([0087] In addition, for example, the system control unit 25 is capable of acquiring distances to individual photographic subjects that are acquired by a rangefinder (not illustrated) constituted by a laser or the like equipped in the digital camera 2.),
wherein the program causes, when executed by the computer, the computer to: in a case where the measurement performed by the measurement circuit has been successful, to record image data that has been obtained using the image sensor, as well as a result of the measurement, into a recording medium in association with each other, ([0076] The image data transmitted from the AD conversion unit 23 and stored in the main memory 24 is read out by an image processing unit 31 that is controlled by a system control unit 25)
Okiyama fails to teach the device including in a case where the measurement performed by the measurement circuit has not been successful, not to record the image data and the result of the measurement.
However, Kato teaches the device including in a case where the measurement performed by the measurement circuit has not been successful, not to record the image data and the result of the measurement ([0138] Here, in the case where a light-receiving element that did not receive reflected light from a light beam exists, the data for the points corresponding to the light-receiving element is not included in the outputted point cloud data; [0147] The point cloud data according to the present embodiment does not include data for points corresponding to the light-receiving elements that did not receive the reflected light of a light beam from among the light-receiving elements of the image sensor 120.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise the non-recording state similar to Kato, with a reasonable expectation of success. This would have the predictable result of utilizing a failsafe system in which data processing power isn't wasted on capturing images that have not been validated by a related distance information.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Okiyama in view of Kato, further in view of Walsh et al. (United States Patent Application Publication 20220404494 A1), hereinafter Walsh.
Regarding claim 6, Okiyama, as modified, teaches the range finding device according to claim 2,
Okiyama fails to teach the device wherein the plurality of measurement results are measurement results of which differences are not greater than a threshold.
However, Walsh teaches wherein the plurality of measurement results are measurement results of which differences are not greater than a threshold ([0111] As used herein, the term “variance threshold” may refer to a range of distance measurements wherein distance measurements that fall outside the acceptable range may indicate an invalid or incorrect distance measurement due to some error. The variance threshold may, for instance, be a percentage difference between distance measurements, a maximum or minimum in difference in total distance measurement, or other like metric. The distance measurements meeting the variance threshold may, in some embodiments, be used.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise the measurement difference threshold similar to Walsh, with a reasonable expectation of success. This would have the predictable result of validating measurement results in real time based on a determined threshold, saving processing and storage space during operation.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Okiyama in view of Kato, further in view of Ing-Song et al. (United States Patent Application Publication 20060125924 A1), hereinafter Ing-Song.
Regarding claim 7, Okiyama, as modified, teaches the range finding device according to claim 1,
Okiyama fails to teach the device wherein the control circuit associates the measurement result with the image data so that the measurement result is superimposed as an image.
However, Ing-Song teaches the device wherein the control circuit associates the measurement result with the image data so that the measurement result is superimposed as an image ([0021] Meanwhile, the distance information can be displayed on the image display 13, thereby simplifying the design of the LRF 18).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Okiyama to comprise the measurement data superimposed on the image similar to Ing-Song, with a reasonable expectation of success. This would have the predictable result of relaying immediate information of the target’s distance to the user.
Response to Arguments
Applicant's arguments filed July 10th, 2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record fails to teach the amended system of the device in which in a case where the measurement has not been successful, the image data is not recorded. While Okiyama fails to expressly teach this method, it is noted by the examiner that this amendments does not constitute a failure of the prior art of record in forming a rejection as the claim limitations are not present in the previous claim set. As necessitated by the amendments, the prior art of record of Kato, found in the Information Disclosure Statement, has been entered to cure the deficiencies of Okiyama. Kato teaches a device wherein if range data has not successfully been captured, the image data is not stored in the cloud data taught in that disclosure. Reasons for why combining these prior art applications would be obvious to one of ordinary skill in the art have been provided above.
Applicant similarly argues that the prior art of record fails to teach the amended limitation of claim 2 which has been amended to include an interval in which measurement data is recorded in predetermined intervals. Likewise to the independent claim, the claim limitations amended are taught by Kato as reflected in the rejection above and reasons for obviousness to combine have been provided.
Furthermore, applicant argues that the prior art lacks certain other qualifying criteria to teach the claim limitations present. One such argument being that the rangefinder relies on phase difference measuring pixels. The examiner notes that while the prior art of Okiyama teaches such pixels, it also teaches a separate rangefinder which has been cited in the previous and above noted rejection. This rangefinder appears to operate more in line with the rangefinder of the immediate application’s time of flight requirement as a separate rangefinder would be trivial if this was not the case. Further applicant argues that the prior art focuses primarily on a camera system and not on the rangefinder system outlined by the immediate application. This argument is not persuasive as the intention of the prior art is irrelevant so long as it teaches the same inventive concept and outlines the broadest reasonable interpretation of the claim to one of ordinary skill in the art, as is the case with Okiyama. Finally, applicant argues that the prior art fails to store the image data in the prior art’s teachings as the image data is only stored temporarily. The examiner notes that while this may not be the intention of the applicant, the claims do not outline limitations so narrow that the broadest reasonable interpretation to one of ordinary skill in the art of the stored image data would not encompass such a short term stored image data. Pending further amendments to narrow this or other limitations, the rejection of the previous office action has been maintained in this Final Office Action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 8:00-5:00 PST.
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/ROBERT W VASQUEZ/Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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