DETAILED ACTION
1. The Office Action is in response to Application 18434096 filed on 02/06/2024. Claim 1-8 are pending.
Notice of Pre-AIA or AIA Status
2. 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
3. The information disclosure statements (IDS) submitted on 02/06/2024, 08/02/2024, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 184340996 filed on 02/06/2024.
Priority # Filling Data Country
2023-032003 2023-03-02 Japan
Claim Objections
5. Claim 8 recites limitations of : “the method comprising the steps of”. Change it to: “the method comprising steps of”. Appropriate action is required.
Claim Rejections - 35 USC § 112
6. 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.
7. Claim 1 and its dependent claims 2-7 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 pre-AIA the applicant regards as the invention.
For claim 1, it recites “an image”, in “wherein the memory stores an image of an underfloor of a vehicle of a user clipped by the image clipper in a case where the gate descent detector detects the descent of the gate unit”. However, it is not clear if the image is of an image of the underfloor of a vehicle, or it is an image of a user.
Thus the scope of the claim and its dependent claims 2-7 are unclear.
Claim Rejections - 35 USC § 112(d)
8. The following is a quotation of 35 U.S.C. 112(d):(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
9. Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 depend on independent claim 1 but fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 112
10. 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.
11. For claim 7, it dependents on claim 1, which is an image pickup system; however, the claim as a whole is a vehicle. Therefore, it is not clear if it claims a computer-readable recording medium on which a vehicle or an image pickup system. Thus the scope of the claim is unclear.
Claim Rejections - 35 USC § 103
12. 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 of this title, 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.
13. Claims 1, 6-8 are rejected are rejected under 35 U.S.C. 103 as being unpatentable over YAMAMURA et al. (JP H09175272) and in view of MURAMATSU (CA 3164684) and further in view of Hiroyuki et al. (JP 3534557).
Regarding claim 1, YAMAMURA teaches an image pickup system (fig. 1(A)(B)) comprising:
an imaging unit (fig. 1(A)(B), 24) provided to a gate unit (fig 1(b), 23 is a gate unit; page 4, … As shown in FIGS. 1B and 2, the camera unit 20 is fixed to the bracket 21… an underfloor camera 24 attached to the other end of the rotary arm 23);
a gate descent detector (fig. 1(B), 28; page 5, … the detection switch 28 is turned on by contacting the contact arm 28a to detect the stored state ) configured to detect descent of the gate unit (as shown in fig. 1(B), the gate (i.e. 23) is descent; page 5, …when a switch (not shown) of the monitor 15 provided in the vicinity of the driver's seat is turned on, power is supplied to the drive source unit 22 (motor thereof) and the rotating arm 23 is used from the retracted state. At the same time when the rotation to the state is started, the detection switch 28 is turned off);
and a driving start detector (fig. 7, 32) configured to detect driving start (page 7, … when the ACC switch 32 is turned on, the engine start control is performed), wherein the display displays/stores an image of an underfloor of a vehicle of a user in a case where the gate descent detector detects the descent of the gate unit (fig. 1(B), page 5, …when the rotation to the state is started, the detection switch 28 is turned off. Detection switch 28 When is turned off, the video signal output from the underfloor camera 24 is output to the monitor 15 and at the same time the underfloor illumination lamp 25 is output).
It is noticed that YAMAMURA does not disclose explicitly of outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start.
MURAMATSU discloses of outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start (fig. 7, step S1, S2, S6, S3 and S7; if detects the driving start in S1, S2 and S6, it start to output image by active the cameras).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start as a modification to the system for the benefit of that detect the status of environment of the vehicle when start driving to make sure it is safe (page 13).
It is noticed that YAMAMURA does not disclose explicitly of an image clipper configured to clip a part of an image captured by the imaging unit; a memory configured to store an image clipped by the image clipper;
. Hiroyuki discloses of an image clipper configured to clip a part of an image captured by the imaging unit (as shown in fig. 5);
a memory (fig. 1, component 2) configured to store an image clipped by the image clipper (as shown in fig. 1 and fig. 2; page 3, … This input image is stored in the image memory 2.Further, in the reference memory 21, an image in which only the background 11 as shown in FIG. 5B is picked up is registered in advance; page 5, … a rectangular area cutout circuit 3 for cutting out a plurality of vertical or horizontal rectangular areas in the image memory, and (D) a rectangular area reference memory 4 for registering an image of the rectangular area).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that an image clipper configured to clip a part of an image captured by the imaging unit; a memory configured to store an image clipped by the image clipper as a modification to the system for the benefit of that process images with higher efficiency (page 5).
Regarding claim 8, YAMAMURA teaches a method (fig. 1(A)of controlling an image pickup system (fig. 1(B)) configured to image a rear of a vehicle of a user and an underfloor of the vehicle using an imaging unit (fig. 1(Aa)(B), 24) provided to a gate unit (fig 1(b), 23 is a gate unit; page 4, … … As shown in FIGS. 1B and 2, the camera unit 20 is fixed to the bracket 21… an underfloor camera 24 attached to the other end of the rotary arm 23);
the method comprising the steps of:
determining whether or not descent of the gate unit is detected (as shown in fig. 1(B), the gate (i.e. 23) is descent; page 5, …when a switch (not shown) of the monitor 15 provided in the vicinity of the driver's seat is turned on, power is supplied to the drive source unit 22 (motor thereof) and the rotating arm 23 is used from the retracted state. At the same time when the rotation to the state is started, the detection switch 28 is turned off);
display the images in a case where it is determined that the descent of the gate unit has been detected (fig. 1(B), page 5, …when the rotation to the state is started, the detection switch 28 is turned off. Detection switch 28 When is turned off, the video signal output from the underfloor camera 24 is output to the monitor 15 and at the same time the underfloor illumination lamp 25 is output);
determining whether driving start is detected; (page 7, … when the ACC switch 32 is turned on, the engine start control is performed).
It is noticed that YAMAMURA does not disclose explicitly of outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start.
MURAMATSU discloses of outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start (fig. 7, step S1, S2, S6, S3 and S7; if detects the driving start in S1, S2 and S6, it start to output image by active the cameras).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that outputs the image of the underfloor of the vehicle in a case where the driving start detector detects the driving start as a modification to the method for the benefit of that detect the status of environment of the vehicle when start driving to make sure it is safe (page 13).
It is noticed that YAMAMURA does not disclose explicitly of clipping and storing in a memory a part of an image of the underfloor of the vehicle captured by the imaging unit.
. Hiroyuki discloses of clip a part of an image captured by the imaging unit (as shown in fig. 5);
store an image clipped by the image clipper (as shown in fig. 1 and fig. 2; page 3, … This input image is stored in the image memory 2.Further, in the reference memory 21, an image in which only the background 11 as shown in FIG. 5B is picked up is registered in advance; page 5, … a rectangular area cutout circuit 3 for cutting out a plurality of vertical or horizontal rectangular areas in the image memory, and (D) a rectangular area reference memory 4 for registering an image of the rectangular area).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that clipping and storing in a memory a part of an image of the underfloor of the vehicle captured by the imaging unit as a modification to the method for the benefit of that process images with higher efficiency (page 5).
Regarding claim 6, the combination of YAMAMURA, MURAMATSU and Hiroyuki teaches the limitations recited in claim 1 as discussed above. In addition, YAMAMURA further discloses that wherein an imaging direction of the imaging unit changes according to a descending operation of the gate unit (as shown in fig. 1(B), since camera 24 is attached with gate 23, imaging direction of the imaging unit changes according to a descending operation of the gate unit 23).
Regarding claim 7, the combination of YAMAMURA, MURAMATSU and Hiroyuki teaches the limitations recited in claim 1 as discussed above. In addition, YAMAMURA further discloses that a vehicle (fig. 1(A), vehicle 10) comprising: a gate unit (fig. 1(B), 23); and the image pickup system (fig. 1(B), 24).
14. Claim 2 is rejected are rejected under 35 U.S.C. 103 as being unpatentable over YAMAMURA et al. (JP H09175272) and in view of MURAMATSU (CA 3164684) and further in view of Hiroyuki et al. (JP 3534557) and further in view of OGAMI (JP 2004142557).
Regarding claim 2, the combination of YAMAMURA, MURAMATSU and Hiroyuki teaches the limitations recited in claim 1 as discussed above. In addition, YAMAMURA further discloses that a recognition unit configured to recognize an obstacle based on the image of the underfloor of the vehicle captured by the imaging unit (page 2, the video signal output from the underfloor camera is monitored by a monitor provided near the driver's seat to confirm an obstacle or the like under the floor).
It is noticed that YAMAMURA does not disclose explicitly of outputs information about the obstacle superimposed on the image of the underfloor of the vehicle.
OGAMI discloses of outputs information about the obstacle superimposed on the image of the underfloor of the vehicle (fig. 3B; paragraph 0096, an image obtained by superimposing a point indicating the position of an obstacle on a graphic image based on the image immediately below the vehicle by the camera 22 is used as the image immediately below the vehicle displayed on the display 26).
It would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the technology that outputs information about the obstacle superimposed on the image of the underfloor of the vehicle as a modification to the system for the benefit of that emphasis the obstacle such that the driver can pay attention to it (paragraph 0096).
Conclusion
15 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form 892.
16. Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAIHAN JIANG whose telephone number is (571)272-1399. The examiner can normally be reached on flexible.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on (571)272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-270-0655.
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/ZAIHAN JIANG/Primary Examiner, Art Unit 2488