DETAILED ACTION
This office action is in response to the application filed on 12/21/2023. Claims 1-19 are pending and are examined.
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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The reference(s) listed on the Information Disclosure Statement(s) submitted on 12/21/2023 and 10/09/2024 has/have been considered by the examiner (see attached PTO-1449).
Drawings
The drawings are objected to because in Fig. 1, element 1131 should likely read 1130 (i.e., the instant Specification describes the reflector as 1130, and there is no recitation of 1131). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it exceeds 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 8 is objected to because of the following informalities:
In Claim 8, lines 16, 18, and 19 recite, “second floodlight irradiator” without reciting a first. For purposes of examination, each recitation will be reasonably interpreted as - - first floodlight irradiator - - .
In Claim 8, the second to last line recites, “the terminal screen” (i.e., lacking clear antecedent basis). For purposes of examination, the first recitation will be reasonably interpreted as - - a terminal screen - - .
Examiner respectfully requests from Applicant verification and requires appropriate correction regarding these matters.
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 10 and 19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter.
In Claims 10 and 19, “A computer-readable storage medium” is recited in each claim. However, it appears that one of ordinary skill in the art could interpret a computer-readable storage medium as nothing more than encompassing a signal only, and thus, as a signal, per se. Furthermore, there is no language in the claim or Specification by which the claim elements can be made functional and statutory. A claim to a computer storage media that encompasses a signal covers a non-statutory embodiment (signal, per se), and thus is directed to non-statutory subject matter. See MPEP § 2106. As such, a person of ordinary skill in the art would interpret the limitations to mean merely a computer-readable storage medium encompassing a signal only, which is non-statutory.
Therefore, the examiner suggests amending the claim to recite - - A non-transitory computer-readable storage medium - - .
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 1-3, 7, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al., CN 207751449 U (English Translation cited provided in PTO-892), hereby Lin, in view of Ma et al., US Patent Application Publication No.: 2021/0321021 A1, hereby Ma.
Lin discloses the invention substantially as claimed. Regarding Claims 1, 7, and 9-10, Lin discloses a photography apparatus, method, electronic device, and computer-readable storage medium (Fig. 1, pages 5-6), comprising:
“an optical transmitting lens configured to transmit. . . projection light and compensation infrared light to a target object (Fig. 1, elements 1-2 and 4-7, and pages 5-6);
an optical receiving lens configured to receive first reflected infrared light and visible light reflected by the target object (Fig. 1, element 3-5, and pages 5-6);
wherein the visible light and the first reflected infrared light are configured for three- dimensional recognition of the target object (Fig. 1, Abstract, and pages 5-6);
the optical receiving lens comprises a first infrared receiver, a visible light receiver, and an optical filter (Fig. 1, pages 5-6, disclosing a visible light CCD, an infrared CCD, and an optical filter/beamsplitter, all inside element 3);
the optical filter is arranged in a light incidence path of the optical receiving lens, and configured to filter and separate incident light to obtain the first reflected infrared light and the visible light which are transmitted along the light incidence path and a separation path perpendicular to the light incidence path (Fig. 1, pages 5-6, visually disclosing the claimed configuration);
the first infrared receiver is configured to receive the first reflected infrared light, and the visible light receiver is configured to receive the visible light (Fig. 1, pages 5-6, visually disclosing the claimed configuration);
the optical transmitting lens comprises a first . . . irradiator, an infrared . . . projector, and a reflector (Fig. 1, elements 1, 2, and 6-7, and pages 5-6);
the first . . . irradiator is configured to emit the compensation infrared light, and the infrared . . . projector is configured to emit the . . . projection light (Fig. 1, elements 1, 2, and 6-7, and pages 5-6);
the reflector is arranged in a light emission path of the optical transmitting lens, wherein the light emission path comprises a merging path, an initial emission path of the . . . projection light, and an initial emission path of the compensation infrared light, the initial emission paths of the . . . projection light and the compensation infrared light form an intersection angle, and the . . . projection light and the compensation infrared light, after passing through the reflector, are emitted along the merging path (Fig. 1, elements 1, 2, and 6-7, and pages 5-6, visually disclosing the claimed configuration).”
However, although Lin discloses structured light and suggests the claimed dot matrix and floodlight, Ma does expressly disclose the claimed “dot matrix” (see Ma, Figs. 1 and 4-6, and [0102], disclosing utilizing a dot matrix pattern and associated light projector(s); see also [0042]-[0043]) and “floodlight” (see Ma, Figs. 1 and 4-6, and [0072]-[0073] and [0083]).
Accordingly, before the effective filing date, it would have been obvious to one of ordinary skill in the art, having the teachings of Lin and Ma (hereby Lin-Ma) to modify a photography apparatus, method, electronic device, and computer-readable storage medium of Lin to use a dot matrix and floodlight as in Ma. The motivation for doing so would have been to create the advantage of providing a precise structured light pattern while also providing diffuse light and avoiding distortion (see Ma, Figs. 1 and 4-6, [0033], [0042]-[0043], and [0102]; see also [0072]-[0073] and [0083]).
Regarding Claim 2, Lin-Ma discloses:
“wherein the intersection angle satisfies a total reflection condition of the reflector; the reflector comprises an infrared total reflection lens configured to reflect and transmit (Lin, Fig. 1, pages 5-6) the dot matrix projection light (Ma, Figs. 1 and 4-6, and [0102], disclosing utilizing a dot matrix pattern and associated light projector(s); see also [0042]-[0043]) and the compensation infrared light at the same time, and emit the same along the merging path (Lin, Fig. 1, pages 5-6).”
The motivation that was utilized in Claims 1, 7, and 9-10 applies equally as well here.
Regarding Claims 3 and 11, Lin-Ma discloses:
“wherein the reflector comprises a movable infrared reflector configured to control (Lin, elements 2 and 6, and pages 5-6) the dot matrix projection light (Ma, Figs. 1 and 4-6, and [0102], disclosing utilizing a dot matrix pattern and associated light projector(s); see also [0042]-[0043]) and the compensation infrared light to be emitted along the merging path in a time-sharing manner (Lin, elements 2 and 6, and pages 5-6).”
The motivation that was utilized in Claims 1, 7, and 9-10 applies equally as well here.
Claim Rejections - 35 USC § 103
Claims 5, 8, 15-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lin-Ma, in further view of Park et al.: US Patent Application Publication No.: 2012/0013886 A1, hereby Park, and in further view of Price et al., US Patent Application Publication No.: 2018/0196998 A1, hereby Price.
Regarding Claims 8 and 18-19, Lin-Ma discloses each and every feature of Claims 1, 7, and 9-10, as outlined above, and further discloses:
“controlling an optical transmitting lens to transmit infrared light to a target object (Lin, Fig. 1, elements 1-2 and 4-7, and pages 5-6);
controlling an optical receiving lens to receive first reflected infrared light and visible light reflected by the target object (Lin, Fig. 1, element 3-5, and pages 5-6);
wherein the visible light and the first reflected infrared light are configured for three-dimensional recognition of the target object (Lin, Fig. 1, Abstract, and pages 5-6);
the optical receiving lens comprises a first infrared receiver, a visible light receiver and an optical filter (Lin, Fig. 1, pages 5-6, disclosing a visible light CCD, an infrared CCD, and an optical filter/beamsplitter, all inside element 3);
the optical filter is arranged in a light incidence path of the optical receiving lens, and configured to filter and separate incident light to obtain the first reflected infrared light and the visible light which are transmitted along the light incidence path and a separation path perpendicular to the light incidence path (Lin, Fig. 1, pages 5-6, visually disclosing the claimed configuration);
the first infrared receiver is configured to receive the first reflected infrared light, and the visible light receiver is configured to receive the visible light (Lin, Fig. 1, pages 5-6, visually disclosing the claimed configuration);
the infrared light comprises infrared continuous modulated pulsed light (Lin, Fig. 1, pages 5-6, disclosing modulated infrared light);
the optical transmitting lens (Lin, Fig. 1, pages 5-6) comprises a second floodlight irradiator (Ma, Figs. 1 and 4-6, and [0072]-[0073] and [0083]) configured to emit the infrared continuous modulated pulsed light (Lin, Fig. 1, pages 5-6, disclosing modulated infrared light);
the second floodlight irradiator is positioned (Ma, Figs. 1 and 4-6, and [0072]-[0073] and [0083]). . . , and the first infrared receiver or the visible light receiver (Lin, Fig. 1, pages 5-6) is positioned . . . the second floodlight irradiator (Ma, Figs. 1 and 4-6, and [0072]-[0073] and [0083]).”
The motivation that was utilized in Claims 1, 7, and 9-10 applies equally as well here.
However, although Lin-Ma suggests the claimed irradiator is positioned under the terminal screen, Park does expressly disclose the following:
“the second . . . irradiator is positioned under the terminal screen, and . . . (Fig. 1, element 100, visually disclosing the distance measuring module and associated light source/receiving parts (Fig. 2) positioned inside the device (i.e., under the terminal screen); Figs. 2-5).”
Accordingly, before the effective filing date, it would have been obvious to one of ordinary skill in the art, having the teachings of Lin-Ma and Park (hereby Lin-Ma-Park) to modify a photography apparatus, method, electronic device, and computer-readable storage medium of Lin-Ma to use the claimed irradiator positioned under the terminal screen as in Park. The motivation for doing so would have been to create the advantage of providing a reduction in the size of a mobile device including the distance measuring module (see Park, Figs. 1-5, and [0067]-[0070]).
However, although Lin-Ma-Park suggests the claimed the first infrared receiver or the visible light receiver is positioned under the second floodlight irradiator, Price does expressly disclose the following:
“. . . , and the first infrared receiver or the visible light receiver is positioned under the second floodlight irradiator (Fig. 1, and [0024]-[0026], visually disclosing the claimed configuration).”
Accordingly, before the effective filing date, it would have been obvious to one of ordinary skill in the art, having the teachings of Lin-Ma-Park and Price (hereby Lin-Ma-Park-Price) to modify a photography apparatus, method, electronic device, and computer-readable storage medium of Lin-Ma-Park to use the claimed the first infrared receiver or the visible light receiver is positioned under the second floodlight irradiator as in Price. The motivation for doing so would have been to create the advantage of adequately recognizing the 3D information of an object (see Price, Fig. 1, and [0022] and [0024]-[0026]).
Regarding Claims 5 and 15-16, Lin-Ma-Park-Price discloses:
“wherein the photography apparatus (Lin, Fig. 1, pages 5-6) further comprises: a light sensing device positioned in a first non-display region between a light-transmitting region of the optical transmitting lens and an edge of a terminal screen, or a second non-display region between a light-transmitting region of the optical receiving lens and the edge of the terminal screen (Park, Fig. 1, element 100; Figs. 2-5).”
The motivation that was utilized in Claims 8 and 18-19 applies equally as well here.
Allowable Subject Matter
Claims 4, 12-14, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Examiner notes that multiple references cited disclose image capture devices. For example, the following references show similar features in the claims, although not relied upon: Moon (US 2023/0341557 A1), Figs. 1-5.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN M WALSH whose telephone number is (571)270-0423. The examiner can normally be reached M-F 8:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at (571) 272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN M WALSH/Primary Examiner, Art Unit 2482