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 .
DETAILED ACTION
This communication is responsive to the Amendment filed on 12/12/2025.
In the Instant Amendment, Claim(s) 21, 25-27, 30, 32-38 and 40 has/have been amended; Claim(s) 1-20 and 24 was/were cancelled; Claim(s) 21, 35 and 38 is/are independent claims. Claims 21-23 and 25-40 have been examined and are pending in this application.
Response to Arguments
The rejection of claims 21-34 under 35 U.S.C 112(b) and the rejections of claims 21, 35 and 38 under 35 U.S.C 102(a)(2) are withdrawn because of the amendment and the persuasive arguments in the remarks (pages 9-11).
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive.
the Applicant is commenting in the remark (page 9) that “Applicant notes this double patenting rejection and respectfully requests that this rejection be held in abeyance until allowable subject matter has been identified in this application.”
The Examiner notes that no argument with respect to the double patenting rejection was presented. Since the amendment has not overcome the nonstatutory double patenting, this rejection is maintained in this Office action.
Claims 21, 35 and 38 would be allowable if an approved terminal disclaimer filed, or rewritten/amended to overcome the double patenting rejection(s) set forth in this Office action.
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 21, 25-32 and 35-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7 and 11-14 of U.S. Patent No. US 11902673 B2 (hereinafter “Pat’673”). Although the claims at issue are not identical, they are not patentably distinct from each other.
Instance Application
Pat’673
21. An image sensing device comprising:
a dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate an event signal based on the sensed change in the light intensity; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity and to compensate for the time delay,
the time delay compensator configured to calculate the time delay based on illuminance information, the illuminance information being based on a pixel illuminance for at least one second pixel.
1. An electronic device comprising:
a dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate an event signal based on the sensed change in the light intensity;
an illuminance estimator configured to estimate illuminance of a light; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the illuminance of the light, and to compensate for the time delay.
7. The electronic device of claim 6+4+1, wherein the at least one second pixel generates the electrical signal, wherein the image data include a pixel value corresponding to the electrical signal, and wherein the illuminance calculator calculates the pixel illuminance based on the pixel value.
25. The image sensing device of claim 21,
wherein the first pixel corresponds to the at least one second pixel.
6. The electronic device of claim 4, wherein the image sensor includes at least one second pixel, and wherein the first pixel corresponds to the at least one second pixel.
26. The image sensing device of claim 25,
wherein the at least one second pixel generates an electrical signal based on an incident light, and wherein the pixel illuminance is based on the incident light.
7. The electronic device of claim 6+4+1, wherein the at least one second pixel generates the electrical signal, wherein the image data include a pixel value corresponding to the electrical signal, and wherein the illuminance calculator calculates the pixel illuminance based on the pixel value.
27. The image sensing device of claim 25,
wherein the at least one second pixel and the first pixel receive the light reflected from a same object.
6. The electronic device of claim 4, wherein the image sensor includes at least one second pixel, and wherein the first pixel corresponds to the at least one second pixel.
28. The image sensing device of claim 21, further comprising an image sensor configured to generate an electrical signal based on an incident light, and generate image data based on the electrical signal.
4. The electronic device of claim 1, wherein the illuminance estimator includes:
an image processing device including an image sensor configured to generate an electrical signal based on an incident light, and configured to generate image data based on the electrical signal; and
an illuminance calculator configured to calculate pixel illuminance based on the image data.
30. The image sensing device of claim 28,
wherein the image sensor includes the at least one second pixel,
wherein the illuminance information is based on the pixel illuminance for the at least one second pixel, and
wherein the first pixel corresponds to the at least one second pixel.
4. The electronic device of claim 1, wherein the illuminance estimator includes:
an image processing device including an image sensor configured to generate an electrical signal based on an incident light, and configured to generate image data based on the electrical signal; and
an illuminance calculator configured to calculate pixel illuminance based on the image data.
6. The electronic device of claim 4, wherein the image sensor includes at least one second pixel, and wherein the first pixel corresponds to the at least one second pixel.
31. The image sensing device of claim 30,
wherein the at least one second pixel generates the electrical signal,
wherein the image data include a pixel value corresponding to the electrical signal, and
wherein the pixel illuminance is calculated based on the pixel value.
7. The electronic device of claim 6+4+1, wherein the at least one second pixel generates the electrical signal, wherein the image data include a pixel value corresponding to the electrical signal, and wherein the illuminance calculator calculates the pixel illuminance based on the pixel value.
32. The image sensing device of claim 30,
wherein the at least one second pixel and the first pixel receive the light reflected from a same object.
6. The electronic device of claim 4, wherein the image sensor includes at least one second pixel, and wherein the first pixel corresponds to the at least one second pixel.
35. An image sensing device comprising:
a dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate a first event signal based on the change in the light intensity;
a complementary metal-oxide-semiconductor (CMOS) image sensor configured to generate image data based on an intensity of light; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on at least one of illuminance of the light or the change in light illuminance, and to generate a second event signal in which the time delay is compensated for,
wherein the illuminance of the light and the change in light illuminance are calculated based on the image data, and
wherein the CMOS image sensor includes a second pixel.
11. An electronic device comprising:
A dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate a first event signal based on the sensed change in the light intensity;
an image processing device including a complementary metal-oxide-semiconductor (CMOS) image sensor configured to generate first image data based on an intensity of light;
an illuminance calculator configured to calculate at least one of illuminance of a light and a change in light illuminance based on the first image data; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the at least one of the illuminance of the light and the change in light illuminance, and to generate a second event signal in which the time delay is compensated for,
[an illuminance calculator configured to calculate at least one of illuminance of a light and a change in light illuminance based on the first image data]
wherein the CMOS image sensor includes a second pixel.
36. The image sensing device of claim 35,
wherein the dynamic vision sensor further includes a third pixel configured to sense the change in the light intensity, and generates a third event signal based on the change in the light intensity that is sensed by the third pixel,
wherein the CMOS image sensor further includes a fourth pixel, wherein the first pixel corresponds to the second pixel, and wherein the third pixel corresponds to the fourth pixel.
12. The electronic device of claim 11, wherein the first pixel corresponds to the second pixel.
13. The electronic device of claim 12, wherein the dynamic vision sensor further includes a third pixel configured to sense a change in the light intensity, and generates a third event signal based on the change in the light intensity that the third pixel senses, wherein the CMOS image sensor further includes a fourth pixel, and wherein the third pixel corresponds to the fourth pixel.
37. The image sensing device of claim 36,
wherein the first event signal includes first time data, wherein the third event signal includes second time data, wherein the image data includes a first pixel value corresponding to a first electrical signal that the second pixel generates, and a second pixel value corresponding to a second electrical signal that the fourth pixel generates, wherein the time delay compensator is configured to generate the third event signal that is obtained by compensating for a first time delay for the first time data based on at least one of a first pixel illuminance and a change in the first pixel illuminance, and generate a fourth event signal that is obtained by compensating for a second time delay for the second time data based on at least one of a second pixel illuminance and the change in the second pixel illuminance, and wherein the at least one of the first pixel illuminance or the change in the first pixel illuminance are calculated based on the first pixel value, and the at least one of the second pixel illuminance or the change in the second pixel illuminance are calculated based on the second pixel value.
14. The electronic device of claim 13, wherein the first event signal includes first time data, wherein the third event signal includes second time data, wherein the first image data includes a first pixel value corresponding to a first electrical signal that the second pixel generates, and a second pixel value corresponding to a second electrical signal that the fourth pixel generates, wherein the illuminance calculator calculates at least one of first pixel illuminance and a change in first pixel illuminance based on the first pixel value and calculates at least one of second pixel illuminance and a change in second pixel illuminance based on the second pixel value, and wherein the time delay compensator generates the third event signal, which is obtained by compensating for a first time delay for the first time data based on the at least one of the first pixel illuminance and the change in first pixel illuminance, and generates a fourth event signal, which is obtained by compensating for a second time delay for the second time data based on the at least one of the second pixel illuminance and the change in second pixel illuminance.
38. A method of operating an image sensing device, comprising:
generating, by a dynamic vision sensor, event signal based on sensed change in light intensity;
calculating illuminance of a light or a change in the illuminance of the light based on the light that is reflected from an object and that is received by an image sensor including at least one pixel; and
compensating, by a time delay compensator, for a time delay between a first time at which the change in the light intensity occurs and a second time at which the dynamic vision sensor senses the change in the light intensity, based on the illuminance of the light or the change in the illuminance of the light.
11. An electronic device comprising:
A dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate a first event signal based on the sensed change in the light intensity;
an image processing device including a complementary metal-oxide-semiconductor (CMOS) image sensor configured to generate first image data based on an intensity of light;
an illuminance calculator configured to calculate at least one of illuminance of a light and a change in light illuminance based on the first image data; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the at least one of the illuminance of the light and the change in light illuminance, and to generate a second event signal in which the time delay is compensated for, wherein the CMOS image sensor includes a second pixel.
39. The method of operating the image sensing device of claim 38,
wherein the event signal includes a timestamp value indicating the second time, and further comprising, adjusting the timestamp value to correspond to the first time.
11… a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the at least one of the illuminance of the light and the change in light illuminance, and to generate a second event signal in which the time delay is compensated for…
38. A method of operating an image sensing device, comprising:
generating, by a dynamic vision sensor, event signal based on sensed change in light intensity;
calculating illuminance of a light or a change in the illuminance of the light based on the light that is reflected from an object and that is received by an image sensor including at least one pixel; and
compensating, by a time delay compensator, for a time delay between a first time at which the change in the light intensity occurs and a second time at which the dynamic vision sensor senses the change in the light intensity, based on the illuminance of the light or the change in the illuminance of the light.
1. An electronic device comprising:
a dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate an event signal based on the sensed change in the light intensity;
an illuminance estimator configured to estimate illuminance of a light; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the illuminance of the light, and to compensate for the time delay.
39. The method of operating the image sensing device of claim 38,
wherein the event signal includes a timestamp value indicating the second time, and further comprising, adjusting the timestamp value to correspond to the first time.
2. The electronic device of claim 1, wherein the event signal includes a location value of the first pixel, a polarity value including information about the change in the light intensity, and a timestamp value indicating a time at which the first pixel senses the change in the light intensity.
3. The electronic device of claim 2, wherein the time delay compensator adjusts the timestamp value based on the time delay.
40. The method of operating the image sensing device of claim 38,
wherein the calculating the illuminance of the light or the change in the illuminance of the light based on the light that is reflected from the object and that is received by the image sensor including the at least one pixel includes:
generating, by the image sensor including the at least one pixel, image data based on the light reflected from the object;
estimating pixel illuminance based on a pixel value that is output by the at least one pixel; and
generating illuminance information comprising an information about the illuminance of the light or the change in the illuminance of the light, based on the pixel illuminance.
4. The electronic device of claim 1, wherein the illuminance estimator includes:
an image processing device including an image sensor configured to generate an electrical signal based on an incident light, and configured to generate image data based on the electrical signal; and
an illuminance calculator configured to calculate pixel illuminance based on the image data.
6. The electronic device of claim 4, wherein the image sensor includes at least one second pixel, and wherein the first pixel corresponds to the at least one second pixel.
7. The electronic device of claim 6, wherein the at least one second pixel generates the electrical signal, wherein the image data include a pixel value corresponding to the electrical signal, and wherein the illuminance calculator calculates the pixel illuminance based on the pixel value.
21. An image sensing device comprising:
a dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate an event signal based on the sensed change in the light intensity; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity and to compensate for the time delay, the time delay compensator configured to calculate the time delay based on illuminance information, the illuminance information being based on a pixel illuminance for at least one second pixel.
11. An electronic device comprising:
A dynamic vision sensor including a first pixel configured to sense a change in light intensity, and configured to generate a first event signal based on the sensed change in the light intensity;
an image processing device including a complementary metal-oxide-semiconductor (CMOS) image sensor configured to generate first image data based on an intensity of light;
an illuminance calculator configured to calculate at least one of illuminance of a light and a change in light illuminance based on the first image data; and
a time delay compensator configured to calculate a time delay between a first time at which the change in the light intensity occurs and a second time at which the first pixel senses the change in the light intensity, based on the at least one of the illuminance of the light and the change in light illuminance, and to generate a second event signal in which the time delay is compensated for, wherein the CMOS image sensor includes a second pixel.
29. The image sensing device of claim 28,
wherein the image sensor is implemented with a complementary metal-oxide-semiconductor (CMOS) image sensor.
11… an image processing device including a complementary metal-oxide-semiconductor (CMOS) image sensor configured to generate first image data based on an intensity of light; …
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6-7 and 11 of U.S. Patent No. US 11902673 B2 (hereinafter “Pat’673”) in view of Park et al (US 10531031 B2).
Regarding claim 22, the claims of Pat’673 teach everything as claimed in claim 21, but fails to teach
wherein the event signal includes a location value of the first pixel, a polarity value including information about the change in the light intensity, and a timestamp value indicating a time at which the first pixel senses the change in the light intensity.
However, in the same field of endeavor Park teaches
wherein the event signal includes a location value of the first pixel, a polarity value including information about the change in the light intensity, and a timestamp value indicating a time at which the first pixel senses the change in the light intensity (col. 5, lines 48-60: “event detection circuit 112 may generate a packet or frame including polarity information of an event, an address ADDR of a pixel where the event occurs, a timestamp, etc.”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Park in the claims of Pat’673 to have wherein the event signal includes a location value of the first pixel, a polarity value including information about the change in the light intensity, and a timestamp value indicating a time at which the first pixel senses the change in the light intensity for providing more useful information about detected events so that subsequent processing can take advantage of to improve image acquisition process yielding a predicted result.
Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6-7 and 11 of U.S. Patent No. US 11902673 B2 (hereinafter “Pat’673”) in view of Park et al (US 10531031 B2) as applied to claim 22 above, and further in view of Koizumi et al (US 20220311966 A1).
Regarding claim 23, the combination of the claims of Pat’673 and Park teaches everything as claimed in claim 22, but fails to teach
wherein the time delay compensator adjusts the timestamp value based on the time delay.
However, in the same field of endeavor Koizumi teaches
wherein the time delay compensator adjusts the timestamp value based on the time delay (paras. 0032-0039; “The delay times calculated by the delay time calculation section 240 as described above may be used, for example, to identify a true time of occurrence of the event excluding the delay times. Specifically, the true time of occurrence of the event detected by the first sensor 111 can be identified by subtracting the delay time d.sub.1 from the timestamp for the first event signal generated by the first sensor 111”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Koizumi in the combination to have wherein the time delay compensator adjusts the timestamp value based on the time delay for addressing a time delay issue in the timestamp value so that better event image data can be obtained yielding a predicted result.
Allowable Subject Matter
Claims 21, 35 and 38 would be allowable if an approved terminal disclaimer filed, or rewritten/amended to overcome the double patenting rejection(s) set forth in this Office action.
Claims 33 and 34 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
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
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