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 .
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 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. (P)
DETAILED ACTION
Claims status
Claims 1-28 are pending as the applicant on 07/31/2023.
Claim Rejections - 35 USC § 112
2. 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.
Claims 1-28 are 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.
Regarding claim 1-28, the terms “enhancing depth” “unsharp mask” “to smooth” “confidence values” are vague and a relative term that renders the claim indefinite. The terms “enhancing depth” “unsharp mask” “to smooth” “confidence values” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “enhancing depth” “unsharp mask” “to smooth” “confidence values” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “enhancing depth” “unsharp mask” “to smooth” “confidence values”
occur.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to an apparatus for enhancing depth representations, the apparatus comprising: at least one memory; and at least one processor coupled to the at least one memory and configured to: obtain a depth representation of a scene, the depth representation comprising depth values based on a time of flight (ToF) signal; obtain amplitude values corresponding to the depth values of the depth representation, wherein the amplitude values are based on the ToF signal appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determine a mask for the depth values based on the depth values and the amplitude values are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? there are no more additional elements. Step 2B: No. claim 1 not eligible.
Claim 15, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for enhancing depth representations, the method comprising:
obtaining a depth representation of a scene, the depth representation comprising depth values based on a time of flight (ToF) signal; obtaining amplitude values corresponding to the depth values of the depth representation, wherein the amplitude values are based on the ToF signal appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determining a mask for the depth values based on the depth values and the amplitude values are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? there are no more additional elements. Step 2B: No. claim 15 not eligible.
Claim 2 related to the at least one processor is configured to obtain a relationship between depth values and amplitude thresholds; and to determine the mask, the at least one processor is configured to determine mask values for the mask based on the relationship, the depth values, and the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to : the at least one processor is configured to obtain a relationship between depth values and amplitude thresholds; to determine the mask, the at least one processor is configured to determine a respective mask value for each depth value of the depth representation; and to determine a mask value for a respective depth value, the at least one processor is configured to: determine an amplitude threshold for the respective depth value based on the relationship and the respective depth value; and determine the respective mask value based on a comparison between an amplitude value corresponding to the respective depth value and the amplitude threshold, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to amplify a contrast between the amplitude values to generate contrast-amplified amplitude values; and determine the mask based on the contrast-amplified amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to , to amplify the contrast between the amplitude values, the at least one processor is configured to apply an unsharp mask to the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to amplify the contrast between the amplitude values, the at least one processor is configured to, within each window of a plurality of windows of the amplitude values, amplify the contrast between respective amplitude values of each window, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to to determine the mask based on the contrast-amplified amplitude values, the at least one processor is configured to compare the amplitude values to an amplitude threshold to determine the mask, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to wherein the at least one processor is configured to determine the amplitude threshold based on a relationship between depth values and amplitude thresholds, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to obtain a relationship between depths, amplitudes, and noise levels; and determine a mask value corresponding to a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to obtain a relationship between depths, amplitudes, and noise levels; determine a threshold for a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value; and determining a mask value corresponding the depth value based on a number of depth values of a window of a plurality of windows of the depth values that are within the threshold from the depth value, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to wherein the mask is indicative of confidence values for the depth values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to wherein the depth representation comprises the depth values arranged in a two-dimensional grid as depth pixels, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to wherein the at least one processor is configured to smooth the depth values based on the depth values and the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to wherein the ToF signal is an indirect time of flight (iToF) signal, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 16 related to obtaining a relationship between depth values and amplitude thresholds; wherein determining the mask comprises determining mask values for the mask based on the relationship, the depth values, and the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17 related to obtaining a relationship between depth values and amplitude thresholds; wherein determining the mask comprises determining a respective mask value for each depth value of the depth representation; and wherein determining a mask value for a respective depth value comprises: determining an amplitude threshold for the respective depth value based on the relationship and the respective depth value; and determining the respective mask value based on a comparison between an amplitude value corresponding to the respective depth value and the amplitude threshold, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to amplifying a contrast between the amplitude values to generate contrast-amplified amplitude values; and determining the mask based on the contrast-amplified amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 19 related to wherein amplifying the contrast between the amplitude values comprises applying an unsharp mask to the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim `9 not eligible.
Claim 20 related to amplifying the contrast between the amplitude values comprises, within each window of a plurality of windows of the amplitude values, amplifying the contrast between respective amplitude values of each window, this
appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
Claim 21 related to wherein determining the mask based on the contrast-amplified amplitude values comprises comparing the amplitude values to an amplitude threshold to determine the mask, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 21 not eligible.
Claim 22 related to determining the amplitude threshold based on a relationship between depth values and amplitude thresholds, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 22 not eligible.
Claim 23 related to obtaining a relationship between depths, amplitudes, and noise levels; and determining a mask value corresponding to a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 23 not eligible.
Claim 24 related to obtaining a relationship between depths, amplitudes, and noise levels; determining a threshold for a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value; and determining a mask value corresponding the depth value based on a number of depth values of a window of a plurality of windows of the depth values that are within the threshold from the depth value, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 24 not eligible.
Claim 25 related to wherein the mask is indicative of confidence values for the depth values, appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 25 not eligible.
Claim 26 related to wherein the depth representation comprises the depth values arranged in a two-dimensional grid as depth pixels, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 26 not eligible.
Claim 27 related to smoothing the depth values based on the depth values and the amplitude values, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 27 not eligible.
Claim 28 related to wherein the ToF signal is an indirect time of flight (iToF) signal appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 28 not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-28 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by HITOMI YASUNOBU, WO 2022058280 A1, DATE PUBLISHED: 2022-03-24, CPC G01S 17/89.
Regarding claim 1:
HITOMI YASUNOBU described an apparatus for enhancing depth representations, the apparatus comprising (abstract, measurement of light reflected from a scene that is illuminated):
at least one memory; and
at least one processor coupled to the at least one memory and configured to (page 15, computer):
obtain a depth representation of a scene, the depth representation comprising depth values based on a time of flight (ToF) signal (page 2-3, ToF);
obtain amplitude values corresponding to the depth values of the depth representation, wherein the amplitude values are based on the ToF signal (page 2-3, measurements of objects in a scene for every pixel of the depth image, corresponding phase amplitude image data); and determine a mask for the depth values based on the depth values and the amplitude values (page 2-3, corresponding phase amplitude image data).
Regarding claim 15:
HITOMI YASUNOBU described a method for enhancing depth representations, the method comprising (abstract, measurement of light reflected from a scene that is illuminated):
obtaining a depth representation of a scene, the depth representation comprising depth values based on a time of flight (ToF) signal (page 2-3, ToF);
obtaining amplitude values corresponding to the depth values of the depth representation page 2-3, measurements of objects in a scene for every pixel of the depth image, corresponding phase amplitude image data), wherein the amplitude values are based on the ToF signal (page 2-3, ToF); and
determining a mask for the depth values based on the depth values and the amplitude values (page 2-3, corresponding phase amplitude image data).
Regarding claim 2, HITOMI YASUNOBU further described wherein: the at least one processor is configured to obtain a relationship between depth values and amplitude thresholds; and to determine the mask, the at least one processor is configured to determine mask values for the mask based on the relationship, the depth values, and the amplitude values (page 2-3, depth measurements, phase amplitude).
Regarding claim 3, HITOMI YASUNOBU further described the at least one processor is configured to obtain a relationship between depth values and amplitude thresholds; to determine the mask, the at least one processor is configured to determine a respective mask value for each depth value of the depth representation; and to determine a mask value for a respective depth value, the at least one processor is configured to: determine an amplitude threshold for the respective depth value based on the relationship and the respective depth value; and determine the respective mask value based on a comparison between an amplitude value corresponding to the respective depth value and the amplitude threshold (page 2-3, threshold amplitude depth).
Regarding claim 4, HITOMI YASUNOBU further described amplify a contrast between the amplitude values to generate contrast-amplified amplitude values; and determine the mask based on the contrast-amplified amplitude values (page 2-3, phase value).
Regarding claim 5, HITOMI YASUNOBU further described to amplify the contrast between the amplitude values, the at least one processor is configured to apply an unsharp mask to the amplitude values (page 2-3, pixels).
Regarding claim 6, HITOMI YASUNOBU further described wherein, to amplify the contrast between the amplitude values, the at least one processor is configured to, within each window of a plurality of windows of the amplitude values, amplify the contrast between respective amplitude values of each window (page 2-3, over time).
Regarding claim 7, HITOMI YASUNOBU further described wherein, to determine the mask based on the contrast-amplified amplitude values, the at least one processor is configured to compare the amplitude values to an amplitude threshold to determine the mask (page 14, compared to the overall pixel range).
Regarding claim 8, HITOMI YASUNOBU further described wherein the at least one processor is configured to determine the amplitude threshold based on a relationship between depth values and amplitude thresholds (page 4, depth value).
Regarding claim 9, HITOMI YASUNOBU further described wherein the at least one processor is configured to: obtain a relationship between depths, amplitudes, and noise levels; and determine a mask value corresponding to a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value (page 7, signal-to-noise ratio).
Regarding claim 10, HITOMI YASUNOBU further described wherein the at least one processor is configured to: obtain a relationship between depths, amplitudes, and noise levels; determine a threshold for a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value; and determining a mask value corresponding the depth value based on a number of depth values of a window of a plurality of windows of the depth values that are within the threshold from the depth value (page 2-3, 7, depths, amplitudes, signal-to-noise ratio).
Regarding claim 11, HITOMI YASUNOBU further described wherein the mask is indicative of confidence values for the depth values (page 18, confidence value).
Regarding claim 12, HITOMI YASUNOBU further described wherein the depth representation comprises the depth values arranged in a two-dimensional grid as depth pixels (page 2-3, depth, fig. 5).
Regarding claim 13, HITOMI YASUNOBU further described wherein the at least one processor is configured to smooth the depth values based on the depth values and the amplitude values (page 2-3, depth values and the amplitude values).
Regarding claim 14, HITOMI YASUNOBU further described wherein the ToF signal is an indirect time of flight (iToF) signa (page 4, 9, indirect ToF).
Regarding claim 16, HITOMI YASUNOBU further described obtaining a relationship between depth values and amplitude thresholds; wherein determining the mask comprises determining mask values for the mask based on the relationship, the depth values, and the amplitude values (page 2-3, pixel, depth values, and the amplitude values).
Regarding claim 17, HITOMI YASUNOBU further described obtaining a relationship between depth values and amplitude thresholds; wherein determining the mask comprises determining a respective mask value for each depth value of the depth representation (page 2-3, thresholds); and wherein determining a mask value for a respective depth value comprises: determining an amplitude threshold for the respective depth value based on the relationship and the respective depth value (page 2-3, spot peak pixel); and determining the respective mask value based on a comparison between an amplitude value corresponding to the respective depth value and the amplitude threshold (page 2-3, thresholds).
Regarding claim 18, HITOMI YASUNOBU further described amplifying a contrast between the amplitude values to generate contrast-amplified amplitude values; and determining the mask based on the contrast-amplified amplitude values (page 2-3, Pixel value).
Regarding claim 19, HITOMI YASUNOBU further described wherein amplifying the contrast between the amplitude values comprises applying an unsharp mask to the amplitude values (page 2-3, pixels).
Regarding claim 20, HITOMI YASUNOBU further described within each window of a plurality of windows of the amplitude values, amplifying the contrast between respective amplitude values of each window (page 4, over time).
Regarding claim 21, HITOMI YASUNOBU further described wherein determining the mask based on the contrast-amplified amplitude values comprises comparing the amplitude values to an amplitude threshold to determine the mask (page 2-3, pixels).
Regarding claim 22, HITOMI YASUNOBU further described determining the amplitude threshold based on a relationship between depth values and amplitude thresholds (page 2-3, amplitude).
Regarding claim 23, HITOMI YASUNOBU further described obtaining a relationship between depths, amplitudes, and noise levels; and determining a mask value corresponding to a depth value based on the relationship, the depth value, and an amplitude value corresponding to the depth value (page 2-3, amplitude, depth).
Regarding claim 24, HITOMI YASUNOBU further described obtaining a relationship between depths, amplitudes, and noise levels; determining a threshold for a depth value based on the relationship, the depth value, and an amplitude value (page 2-3, threshold, page 7, signal-to-noise ratio)
Regarding claim 25, HITOMI YASUNOBU further described wherein the mask is indicative of confidence values for the depth values (page 2-3, 7, depth value).
Regarding claim 26, HITOMI YASUNOBU further described depth values arranged in a two-dimensional grid as depth pixels (page 5, depth, pixel, 3D included 2D).
Regarding claim 27, HITOMI YASUNOBU further described smoothing the depth values based on the depth values and the amplitude values (page 5, valley pixel region, backscattered/ reflected from objects included in the scene.).
Regarding claim 28, HITOMI YASUNOBU further described wherein the ToF signal is an indirect time of flight (iToF) signal (page 9, indirect time-of-flight)
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
April 18, 2026
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