DETAILED ACTION
Claims 1-20 are pending.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent Application. 18/369,841. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application recites similar features and limitations as the co-pending application. Both Applications cite features in references to projection of complementary pattern images.
Present Application 18/411,047
Patent 18/369,841
1. A method of operating a system including a light projection device, the method comprising:
projecting, from the light projection device, during a first period of time, a first set of one or more images to illuminate an area, said first set of one or more images corresponding to a first pattern; and
projecting, from the light projection device, during a second period of time following said first period of time, a second set of one or more images, said second set of one or more images corresponding to a second pattern, said second pattern being a concealing pattern with respect to the first pattern.
13. A system comprising: a light projection device;
a memory; and
a processor configured to controlling the light projection device to:
project, from the light projection device, during a first period of time, a first set of one or more images to illuminate an area, said first set of one or more images corresponding to a first pattern; and
project, from the light projection device, during a second period of time following said first period of time, a second set of one or more images, said second set of one or more images corresponding to a second pattern, said second pattern being a concealing pattern with respect to the first pattern.
20. A non-transitory computer readable medium including processor executable instructions which when executed by a processor of an apparatus including a light projection device causes the processor to control the light projection device to:
project, from the light projection device, during a first period of time, a first set of one or more images to illuminate an area, said first set of one or more images corresponding to a first pattern; and
project, from the light projection device, during a second period of time following said first period of time, a second set of one or more images, said second set of one or more images corresponding to a second pattern, said second pattern being a concealing pattern with respect to the first pattern.
1. A method of operating a system including a light projection device, the method comprising:
projecting, from the light projection device, for a fraction of a second, a first image to illuminate an area, and
projecting, from the light projection device, immediately following projecting the first image, a second image to illuminate the area, said second image being different from said first image and being a complementary image to said first image.
14. A system comprising:
a light projection device;
a memory storing a first image and a second image;
a processor configured to control the light projection device to:
project, from the light projection device, for a fraction of a second, the first image to illuminate an area, project, from the light projection device, immediately following projection of the first image, the second image to illuminate the area, said second image being different from said first image and being a complementary image to said first image.
.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-10, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gravante et al. (US 2020/0382765) in view of Nistico (US 2021/0334992).
Claim 1, Gravante teaches a method of operating a system including a light projection device, the method comprising:
projecting, from the light projection device (i.e. projectors 118a, 118b), during a first period of time (i.e. fraction of a second), a first set of one or more images to illuminate an area (i.e. surface 708), said first set of one or more images corresponding to a first pattern (i.e. first illumination pattern) (fig. 1, 7; p. 0154-0155); and
“projecting, from the light projection device (i.e. projectors 118a, 118b), during a second period of time (i.e. next fraction of a second) following said first period of time, a second set of one or more images (i.e. second set of images), said second set of one or more images corresponding to a second pattern” (i.e. second illumination pattern) (fig. 1, 7; p. 0154-0155).
Gravante is not entirely clear in teaching the specific feature of:
“second pattern being a concealing pattern with respect to the first pattern”.
Nistico teaches the specific feature of:
“second pattern being a concealing pattern (i.e. complementary illumination pattern) with respect to the first pattern” (figs. 6-7; p. 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate a concealing pattern as taught by Nistico to the system of Gravante to estimate depth using structured light with less amount of power and latency (Nistico, par [0002-0003]).
Claim 2, Gravante teaches the method of claim 1, wherein said steps of projecting said first set of one or more images and projecting said second set of one or more images is performed as part of projecting an image sequence including repeating periods of time in which said first and second sets of one or more images are projected (i.e. alternating first and second illumination patterns (p. 0168).
Claim 3, Gravante teaches the method of claim 2, wherein projecting of the first set of one or more images and projecting the second set of one or more images is performed using visible light (i.e. visible light within illumination pattern) (p. 0181).
Claim 4, Gravante is not entirely clear in teaching the method of claim 2, wherein said first set of one or more images and the second set of one or more images are complementary sets of images.
Nistico teaches the method of claim 2, wherein said first set of one or more images and the second set of one or more images are complementary sets of images (i.e. complementary illumination pattern) with respect to the first pattern” (figs. 6-7; p. 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate a concealing pattern as taught by Nistico to the system of Gravante to estimate depth using structured light with less amount of power and latency (Nistico, par [0002-0003]).
Claim 5, Gravante teaches the method of claim 2, wherein said first set of one or more images includes a first image (i.e. first illumination pattern) which is displayed by the light projection device for the entire first period of time (i.e. fraction of a second); and wherein said second set of one or more images (i.e. second illumination pattern) includes a single second image (i.e. second illumination pattern) which is displayed by the light projection device for the entire second period of time (i.e. next fraction of a second) (fig. 1, 7; p. 0154-0155).
Claim 6, Gravante is silent regarding the method of claim 1, wherein said first set of one or more images includes multiple sub-frame images each of which is projected by the light projection device for a different portion of said first period of time, at least some, and in some embodiments all, of the first set of multiple sub-frame images being different images.
Nistico teaches the method of claim 1, wherein said first set of one or more images (i.e. first illumination pattern) includes multiple sub-frame images (i.e. subset of pixel events) each of which is projected by the light projection device for a different portion of said first period of time (i.e. generated at a first time), at least some, and in some embodiments all, of the first set of multiple sub-frame images being different images (p. 0050-0055).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate subset events as taught by Nistico to the system of Gravante to estimate depth using structured light with less amount of power and latency (Nistico, par [0002-0003]).
Claim 7, Gravante is silent regarding the method of claim 6, wherein said second set of one or more images includes a second set of multiple sub-frame images each of which is projected by the light projection device for a different portion of said second period of time, at least some of the first set of multiple images being different images.
Nistico teaches the method of claim 6, wherein said second set of one or more images (i.e. second illumination pattern) includes a second set of multiple sub-frame images (i.e. second subset of pixel events) each of which is projected by the light projection device for a different portion of said second period of time (i.e. generated at a second time), at least some of the first set of multiple images being different images (p. 0050-0055).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate subset events as taught by Nistico to the system of Gravante to estimate depth using structured light with less amount of power and latency (Nistico, par [0002-0003]).
Claim 8, Gravante teaches the method of claim 2, wherein said first set of one or more images and said second set of one or more images (i.e. first and second illumination patterns), through repeated consecutive display (i.e. alternating display) of the first and second sets of one or more images, provide uniform illumination (i.e. repeating display is a uniform illumination) (fig. 7; p. 0154-0155, 0168).
Claim 9, Gravante teaches the method of claim 1, further comprising:
repeating the steps of projecting the first set of one or more images and projecting the second set of one or more images at predetermined recurring time intervals (i.e. alternating first and second illumination patterns for equals times) (p. 0168).
Claim 10, Gravante teaches the method of claim 9, “wherein the projecting the first set of one or more images and projecting the second image set of one or more images at predetermined recurring intervals (i.e. alternating first and second illumination patterns for equals times) includes the second set of one or more images being projected immediately following said first set of one or more images to form a repeating sequence”(i.e. alternating patterns) (p. 0168).
Gravante is silent regarding the specific feature of:
“projecting the first set of one or more images and second set of one or more images as interleaved image sequences”.
Nistico teaches the specific feature of:
“projecting the first set of one or more images and second set of one or more images as interleaved image sequences (i.e. complementary patterns of illumination patterns)” (figs. 6-7; p. 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate a concealing pattern as taught by Nistico to the system of Gravante to estimate depth using structured light with less amount of power and latency (Nistico, par [0002-0003]).
Claim 13 is analyzed and interpreted as an apparatus of claim 1.
Claim 14 is analyzed and interpreted as an apparatus of claim 2.
Claim 15 is analyzed and interpreted as an apparatus of claim 3.
Claim 16 is analyzed and interpreted as an apparatus of claim 4.
Claim 17 is analyzed and interpreted as an apparatus of claim 5.
Claim 18 is analyzed and interpreted as an apparatus of claim 6.
Claim 19 is analyzed and interpreted as an apparatus of claim 7.
Claim 20 recites “An on-transitory computer readable medium including processor executable instructions which when executed by a processor of an apparatus including a light projection device causes the processor to control the light projection”.
Gravante teaches “An on-transitory computer readable medium including processor executable instructions which when executed by a processor of an apparatus including a light projection device causes the processor to control the light projection” (p. 0086).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gravante et al. (US 2020/0382765) in view of Nistico (US 2021/0334992), and further in view of Hare, JR et al. (US 2021/0225136).
Claim 11, Gravante is silent regarding the method of claim 10, wherein said first period of time corresponds to a first frame duration; and
wherein repeating the step of projecting the first set of one or more images includes projecting the first set of one or more images at an even integer multiple of said first frame duration.
Hare, JR teaches the method of claim 10, wherein said first period of time corresponds to a first frame duration; and
wherein repeating the step of projecting the first set of one or more images includes projecting the first set of one or more images at an even integer multiple of said first frame duration (i.e. 1 or 3 cycles per second for repeated pattern sequence) (p. 0042).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided intervals for repeating patterns as taught by Hare, JR to the system of Gravante to provide patterns for illumination LEDs (p. 0042).
Claim 12, Gravante teaches the method of claim 7, wherein said second period of time corresponds to a second frame duration which is equal in length to the first frame duration (i.e. first and second illumination patterns repeat at equals durations) 9p. 0168).
Gravante is silent regarding the specific feature of:
wherein repeating the step of projecting the second set of one or more images includes projecting the second set of one or more images at an even multiple of said first frame duration.
Hare, JR teaches the specific feature of:
wherein repeating the step of projecting the second set of one or more images includes projecting the second set of one or more images at an even multiple of said first frame duration (i.e. 1 or 3 cycles per second for repeated pattern sequence) (p. 0042).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided intervals for repeating patterns as taught by Hare, JR to the system of Gravante to provide patterns for illumination LEDs (p. 0042).
Conclusion
Claims 1-20 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240179281 A1 FURUI; Shiki et al.
US 20210215476 A1 BOISSON; Loïc et al.
US 20210195146 A1 Christmas; Jamieson
US 20180095165 A1 Cohen; David et al.
US 9122946 B2 Zhang; Li et al.
US 20090011370 A1 Nakamura; Hiroko et al.
US 20020149750 A1 Kane, Robert H.
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MUSHFIKH I. ALAM
Primary Examiner
Art Unit 2426
/MUSHFIKH I ALAM/ Primary Examiner, Art Unit 2426 11/19/2025