DETAILED ACTION
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 .
Response to Amendment
Claims 1-8 are pending in the application. Examiner acknowledges the amendment to Claim 1.
Response to Arguments
Applicant’s arguments with respect to Claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi (WO 2019159933 A1) in view of Themelis (US 2018/0052382 A1).
Regarding Claim 1, Takeuchi discloses an electromagnetic-wave detection device ([0002]) comprising:
a radiating unit configured to radiate electromagnetic waves into a space ([0048]);
an incidence unit on which electromagnetic waves are incident ([0005]: “An electromagnetic wave detection device”), the electromagnetic waves including reflected waves resulting from electromagnetic waves radiated by the radiating unit being reflected by an object ([0038]);
a first detection unit configured to detect reflected waves incident from the incidence unit ([0042]: “The third detection unit 17 is provided on the path of the electromagnetic wave traveling from the separation unit 16 in the third direction d3.”);
a second detection unit configured to detect electromagnetic waves incident from the incidence unit ([0038]: “In the first embodiment, the second detection unit 22 is an active sensor that detects the reflected wave from the target ob of the electromagnetic wave irradiated from the irradiation unit 12 toward the target ob.”);
a first aperture having a first region that allows electromagnetic waves traveling to the first detection unit and the second detection unit to pass therethrough ([0018]: “The first imaging unit 15 may be positioned opposite the aperture ap formed in the housing of the electromagnetic wave detection device 10, such that the axis of the aperture ap and the main axis are parallel”; Figure 4 shows aperture ap as part of the housing.).
a second aperture having a second region and a third region, the second region allowing electromagnetic waves traveling to the first detection unit and the second detection unit to pass therethrough and being smaller than the first region, and the third region being located around the second region and the third region not allowing electromagnetic waves traveling to the second detection unit to pass therethrough ([0014]: “As shown in Figure 4, the electromagnetic wave detection device 10 has a first aperture 23” Light must pass through the central portion of this aperture to reach both the third (17) and second (22) detection units, thereby corresponding to the second region.; [0015]: “The first opening 23 may be, for example, an aperture diaphragm, which functions as a
diaphragm for the first imaging unit 15 that adjusts the amount of electromagnetic waves passing through.” The diaphragm operates by using its outer, ring-like portion to block light.);
an optical system configured to, out of electromagnetic waves that have passed through the first aperture and the second aperture, guide a first portion, including the reflected waves, to the first detection unit and guide a second portion, excluding the first portion, to the second detection unit ([0020]: “The separation unit 16 separates the electromagnetic wave incident from the first imaging unit 15 so that it propagates in the propagation direction da toward the propagation unit 18 and in the third direction d3 toward the third detection unit 17.”); and
a controller configured to acquire first spatial information about the space based on detection of electromagnetic waves by the first detection unit ([0042]: “Furthermore, the third detection unit 17 may include a distance measuring sensor.”) and to acquire second spatial information about the space based on detection of electromagnetic waves by the second detection unit ([0039]: “In the first embodiment, the second detection unit 22 more specifically includes elements that constitute a distance measuring sensor.”),
wherein a resolution of the first spatial information is lower than a resolution of the second spatial information ([0039], [0041] note that the second detection unit may be a single element, as opposed to the element array ([0032]) disclosed for the first detection unit. Given that the labeling is arbitrary, these together meet the final limitation of Claim 1.).
Takeuchi does not teach and Themelis does teach wherein the second aperture has a second region which passes all electromagnetic waves and a third region which passes some electromagnetic waves ([0131]-[0132] disclose a ring shaped filter surrounding a clear central aperture region. [0159]-[0162] disclose that this may be constructed as a diaphragm where the blades are filters.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Themelis to use a ring-shaped filter comprising a diaphragm with filtering blades into the device of Takeuchi. Themelis notes in [0081] that “the different apertures provided for the different spectral bands attenuate the intensity of the corresponding spectral band in a way simultaneously increasing the DOF.” Increased DOF benefits the end user by making it easier to focus the imaging device on the target scene.
Regarding Claim 4, which depends from rejected Claim 1, Takeuchi further discloses wherein the optical system includes a switching unit including switching elements configured to switch between a first state in which the first portion is made to travel to the first detection unit and a second state in which the first portion is not made to travel to the first detection unit ([0025]: “The propagation unit 18 can switch between a first state in which the electromagnetic wave incident on the reference plane ss propagates in a first direction d1, and a second state in which it propagates in a second direction d2, for each pixel px.”), and
prior to radiation of the electromagnetic waves by the radiating unit, the controller switches some of the switching elements in the switching unit to the first state, the switching elements corresponding to at least the reflected waves of the first portion within an image forming region in the switching unit, and switches other switching elements to the second state ([0028]: “The processing unit 18 switches between the first state and the second state for each pixel px based on the control of the control device 14, which will be described later.”).
Regarding Claim 8, which depends from rejected Claim 1, Takeuchi further discloses wherein the first spatial information is distance information ([0045]: “Furthermore, the third detection unit 17 may include a distance measuring sensor. In this configuration, the electromagnetic wave detection device 10 can acquire image-like distance information using the third detection unit 17.”), and the second spatial information is image information ([0094]: “However, the information acquisition system 11 is not limited to this configuration. For example, in the information acquisition system 11, whether all of the first detection unit 20, the second detection units 22 and 220, and the third detection units 17 and 170 are active sensors, passive sensors, or even just one of them is a passive sensor, similar effects to those of the first and second embodiments can be obtained.”.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi in view of Themelis and further view of Toyama (US 2020/0348400 A1).
Regarding Claim 2, which depends from rejected Claim 1, Takeuchi does not teach and Themelis does not teach and Toyama does teach wherein the first region has a long diameter in a direction that intersects a direction in which the radiating unit is disposed with respect to the incidence unit ([0071]: “A light emission board 53, to which the light source 11 has been assembled, is mounted to the rear surface of the frame side section 42.”; Figures 1-3, the long axis of the window 200 is perpendicular to the light emission board.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Takeuchi with the teaching of Toyama to orient the radiating unit in a direction that intersects the long dimension of the entrance aperture of the device. A worker skilled in the art would be familiar with various orientations of apertures relative to radiating units, and would be able to incorporate this arrangement into an existing device with predictable results.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi in view of Noguchi (US 2017/0118925 A1).
Regarding Claim 3, which depends from rejected Claim 1, Takeuchi does not teach and Themelis does not teach and wherein the second aperture is thicker than the first aperture, and the second aperture is disposed on an object side from the incidence unit (Figure 13, element 50 is the barrel, equivalent to the second aperture here. Figure 14, element 56 shows another aperture within the barrel which is clearly thinner in the extent of its inner edge dimension. The barrel is disposed closer to the object than the photodetector 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Takeuchi with the teaching of Noguchi to have the second aperture disposed towards the object and with a larger thickness. A worker skilled in the art would be familiar with implementing a barrel aperture on a device that also contains another smaller aperture, and would be able to incorporate this arrangement into an existing device with predictable results.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi in view of Seo (JP 2002369049).
Regarding Claim 5, which depends from rejected Claim 4, Takeuchi does not teach and Themelis does not teach and Seo does teach wherein an opening size of the first aperture is variable ([0007], [0008], Seo disclose the use of variable apertures.), and the number of switching elements switched to the first state is changed in accordance with the opening size of the first aperture (This feature is inherent in the operation of the variable aperture, since, for example, decreasing the aperture size necessarily switches elements out of the first state and into the second state, which is defined in Claim 4 as a state in which the first portion of light does not propagate to the first detection unit. Obscuring those elements from the incoming light switches them into this state.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Takeuchi with the teaching of Seo to use a variable aperture. Variable apertures are well-known in the art, and can be advantageously used to increase the contrast of an image. Higher contrast is a desirable characteristic in imaging and ranging.
Regarding Claim 6, which depends from rejected Claim 5, Takeuchi does not teach and Themelis does not teach and Seo does teach wherein the controller determines the opening size of the first aperture ([0018]: “The opening of the aperture 25b is adjusted by the iris drive circuit 26.”).
Takeuchi does not explicitly teach and Seo does not explicitly teach that the aperture is adjusted in accordance with the resolution of the first spatial information input thereto.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the aperture in accordance with the resolution of the first spatial information input thereto, since it has been held that the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 7, which depends from rejected Claim 1, Takeuchi does not teach and Themelis does not teach and Seo does teach wherein the second region includes a wavelength filter that allows electromagnetic waves in a band that includes a wavelength of the electromagnetic waves radiated by the radiating unit and electromagnetic waves in a visible light band to pass therethrough (Figure 9; [0045]; [0046]), and
the third region includes a wavelength filter that allows electromagnetic waves in a band that includes the wavelength of the electromagnetic waves radiated by the radiating unit to pass therethrough and blocks electromagnetic waves in the visible light band ([0046]: “On the other hand, the aperture blades of aperture 25b consist of an infrared transmission filter (for example, an acrylic resin) that selectively transmits light in the infrared wavelength region (for example, about 770 nm to about 950 nm), which is the wavelength range of the laser light emitted from the light-emitting device 14, and blocks light in the visible light region (for example, about 380 nm to about 770 nm).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Takeuchi with the teaching of Seo to have an aperture which can pass visible and infrared light differently in different regions. Seo notes in [0047] that “This makes it possible to simultaneously capture images using light from two different wavelength regions (for example, a two-dimensional image and a three-dimensional image) with appropriate exposures, using the same imaging system.” This is an advantageous arrangement as it allows for the use of a single imaging system, thereby reducing overall cost and size of the imaging components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wajs (US 2013/0113988 A1) discloses capturing an image of a scene by exposing an image sensor to radiation from one part of the EM spectrum using one aperture and to radiation from another part of the EM spectrum using another aperture having a different size than the first aperture.
Yoshida (JP S62263776 A) discloses a filter diaphragm in which the blades are formed by an IR cut filter.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/B.W.C./ Examiner, Art Unit 3645
/ISAM A ALSOMIRI/ Supervisory Patent Examiner, Art Unit 3645
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