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 § 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 1-5, and 8-13 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 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 records image data that has been obtained using the image sensor, 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.).
Regarding claim 2, Okiyama teaches the range finding device according to claim 1, wherein the control circuit records a part of a plurality of measurement results that have been continuously obtained by the measurement circuit ([0128] The distance measurement information acquiring unit 115 acquires first distance information which is distance information of a plurality of areas in the captured image.).
Regarding claim 3, Okiyama 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 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 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 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 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 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 recording image data that has been obtained using the image sensor, 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.).
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 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 record image data that has been obtained using the image sensor, 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.).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Okiyama in view of Walsh et al. (United States Patent Application Publication 20220404494 A1), hereinafter Walsh.
Regarding claim 6, Okiyama 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 Ing-Song et al. (United States Patent Application Publication 20060125924 A1), hereinafter Ing-Song.
Regarding claim 7, Okiyama 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.
Conclusion
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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