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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 18 September, 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 September, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are: “an image processing unit that performs”, “a preprocessing unit that performs”, and “a recognition processing unit that performs”, in claim 1, claim 9, claim 10, claim 11, claim 19, and claim 20.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 9, 10, 11, 19, and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In paragraph [0039] of the applicant’s specification, “predetermined information” is defined as information generated by, among factors that affect data of the depth map generated by the imaging processing using, “a factor of being other than a subject that is a target imaged by the imaging processing unit and a factor of being other than an optical path connecting the imaging processing unit and the subject with a straight line” and “an optical or electrical factor in the system”.
However, in the independent claims of the applicant’s invention it is claimed as “a factor of being other than a subject that is a target imaged by the imaging processing unit and a factor of being other than an optical path connecting the imaging processing unit and the subject with a straight line, the factor being an optical or electrical factor”.
As written in the applicant’s specification it is described that the factors affecting the data of the depth map are a list of separate factors which include “a factor of being other than a subject that is a target imaged by the imaging processing unit and a factor of being other than an optical path connecting the imaging processing unit and the subject with a straight line” and “an optical or electrical factor in the system”, however in the claim the applicant appears to merge these factors to state that the “a factor of being other than a subject that is a target imaged by the imaging processing unit and a factor of being other than an optical path connecting the imaging processing unit and the subject with a straight line” are additionally “an optical or electrical factor in the system”.
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.
Claims 1, 9, 10, 11, 19, and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 9, 10, 11, 19 and 20 recite the limitation "using the information output by the preprocessing unit" in line 9, line 10, line 10, line 9, line 10, and line 10, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claims 1, 9, 10, 11, 19 and 20 recite the limitation "using the machine learning" in line 13, line 14, line 14, line 13, line 14, and line 14, respectively. There is insufficient antecedent basis for this limitation in the claim. The examiner believes “the machine learning” is being performed by “a machine learning processing unit” but no step of machine learning is explicitly stated as being performed in the claim prior to this point. Examiner suggests amending the claim to read as “executes at least a part of the preprocessing by using
Claims 1, 9, 10, 11, 19 and 20 recite the limitation "the factor being an optical or electrical factor" in line 24, line 25, line 25, line 24, line 25, and line 25, respectively. There is insufficient antecedent basis for this limitation in the claim. As written there are two “factors” described before this limitation, a “factor of being other than a subject” and a “factor of bring other than an optical path”. The examiner believes each factor should be identified as “a first factor of being other than a subject” and “a second factor of being other than an optical path” so as to distinguish these independent factors from one another, and correctly update the limitation of “the factor being an optical or electrical factor” to explicitly reference the respective “first factor” and “second factor”.
Allowable Subject Matter
Claims 2 – 8 and 12 – 18 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.
Gove et al (U.S. Patent Publication No. 2021/0258498 A1) teaches a depth sensing system which performs depth sensing using a Time of Flight sensor through a display which can introduce noise and visual errors, providing the time of flight data to a trained neural network to perform noise and error removal, and creating a depth map that is used for user authentication.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JONES whose telephone number is (703)756-4573. The examiner can normally be reached Monday - Friday 8:00-5:00 EST, off Every Other Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Bella can be reached at (571) 272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW B. JONES/Examiner, Art Unit 2667
/MATTHEW C BELLA/Supervisory Patent Examiner, Art Unit 2667