CTFR 18/561,271 CTFR 79654 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 In response to applicant’s amendment received on 4/3/26, all requested changes to the claims have been entered. Claims 1-3, 21-40, 43, 51-53, 55 and 57-58 were previously pending. Claim 61 has been added. Claim 27 has been cancelled. Claims 1-3, 21-26, 28-40, 43, 51-53, 55, 57, 58 and 61 are currently pending. Response to Arguments Regarding independent claims 1 and 21, which now incorporate the limitations of previously pending dependent claim 27, the applicant’s arguments, see remarks, filed 4/3/26, with respect to the pending prior art rejections of claims 1, 21 and 27 have been fully considered and are persuasive. The pending prior art (102(a)(1)) rejections of claims 1 and 21 have been withdrawn. Regarding independent claims 43 and 51, which now incorporate a broader version of previously pending dependent claim 53, the applicant’s arguments with respect to claims 43 and 51 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. The Examiner notes that in an attempt to expedite prosecution, via a potential Examiner’s amendment to claims 43 and 51, a voicemail was left on 5/19/26 for the applicant’s representative Shelton Austin at the number provided in the remarks filed 4/3/26. However, as of the close of business (5pm ET) on 5/22/26 no return call was received and therefore the present rejection is being provided instead. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 43, 51, 52, 55 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over USPN 10,306,203 to Goyal et al. (“Goyal”) in view of US 2016/0105636 to Guo et al. (“Guo”) . Regarding claim 43 , Goyal discloses a method of processing image data, the method comprising: determining a region of interest corresponding to at least one object depicted in an image obtained using at least one camera ( Fig. 1C, element 140; Fig. 3, element 320; column 3, lines 19-42; column 14, lines 43-63, wherein the foreground and background regions of the color image corresponds to a region of interest corresponding to at least one object ), the region of interest being associated with a plurality of elements of a multi-point grid associated with a multi-point depth sensing system ( Fig. 1E; Fig. 3, elements 325-335; column 3, line 43 – column 4, line 5; column 14, line 64 – column 15, line 20, wherein a depth image is associated with the color image, and each region is associated with at least one element of the multi-point depth grid, represented by elements 136-1 – 136-49 of figure 1E, of the depth image ); determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements ( Fig. 3, elements 340 and 350; column 15, lines 21-53, wherein a range of depth information associated with each of the elements is determined corresponding to determining a difference between depth values ) is greater than a multi-depth threshold ; determining the region of interest includes multi-depth information based on determining difference between the first depth value and the second depth value ( Fig. 3, elements 340 and 350; column 15, lines 21-53, wherein a range of depth information associated with each of the elements is determined and used to rank/sort the regions based depth, which corresponds to determining whether the region includes multi-depth information ) is greater than the multi-depth threshold ; and based on whether the region of interest includes multi-depth information, determining representative depth information representing a distance between the at least one camera and the at least one object depicted in the image ( Fig. 4G; column 18, lines 52-61, wherein the depth image is updated with final representative depth information representing a distances (i.e. first and second distances) between the camera and each object (i.e. first and second objects) in the image ). Goyal does not disclose expressly the difference is determined if first and second depth values are greater than a multi-depth threshold. Guo discloses a method of processing image data, the method comprising: determining a region of interest includes multi-depth information based on determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements is greater than a multi-depth threshold ( Fig. 2, element 202 and paragraphs 53-55, wherein a region (e.g. associated with the foreground or background) of a depth map is determined based on depth values being greater than a “multi-depth” threshold ). Goyal & Guo are combinable because they are from the same art of depth image processing. It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of determining that a region of interest includes multi-depth information based on determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements is greater than a multi-depth threshold, as taught by Guo, into the method of processing image data disclosed by Goyal. The suggestion/motivation for doing so would have been to provide foreground segmentation of a depth map (Guo, paragraph 09). Therefore, it would have been obvious to combine Guo with Goyal to obtain the invention as specified in claim 43. Regarding claim 51 , Goyal discloses an apparatus for processing image data, comprising: at least one memory ( Fig. 2 and column 13, line 66 – column 14, line 18, wherein memory is loaded with executable instructions ); and at least one processor coupled to the at least one memory ( Fig. 2 and column 13, line 66 – column 14, line 18, wherein a processor couple to memory executes the instructions ), the at least one processor configured to: determining a region of interest corresponding to at least one object depicted in an image obtained using at least one camera ( Fig. 1C, element 140; Fig. 3, element 320; column 3, lines 19-42; column 14, lines 43-63, wherein the foreground and background regions of the color image corresponds to a region of interest corresponding to at least one object ), the region of interest being associated with a plurality of elements of a multi-point grid associated with a multi-point depth sensing system ( Fig. 1E; Fig. 3, elements 325-335; column 3, line 43 – column 4, line 5; column 14, line 64 – column 15, line 20, wherein a depth image is associated with the color image, and each region is associated with at least one element of the multi-point depth grid, represented by elements 136-1 – 136-49 of figure 1E, of the depth image ); determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements ( Fig. 3, elements 340 and 350; column 15, lines 21-53, wherein a range of depth information associated with each of the elements is determined corresponding to determining a difference between depth values ) is greater than a multi-depth threshold ; determining the region of interest includes multi-depth information based on determining difference between the first depth value and the second depth value ( Fig. 3, elements 340 and 350; column 15, lines 21-53, wherein a range of depth information associated with each of the elements is determined and used to rank/sort the regions based depth, which corresponds to determining whether the region includes multi-depth information ) is greater than the multi-depth threshold ; and based on whether the region of interest includes multi-depth information, determining representative depth information representing a distance between the at least one camera and the at least one object depicted in the image ( Fig. 4G; column 18, lines 52-61, wherein the depth image is updated with final representative depth information representing a distances (i.e. first and second distances) between the camera and each object (i.e. first and second objects) in the image ). Goyal does not disclose expressly the difference is determined if first and second depth values are greater than a multi-depth threshold. Guo discloses a method of processing image data, the method comprising: determining a region of interest includes multi-depth information based on determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements is greater than a multi-depth threshold ( Fig. 2, element 202 and paragraphs 53-55, wherein a region (e.g. associated with the foreground or background) of a depth map is determined based on depth values being greater than a “multi-depth” threshold ). Goyal & Guo are combinable because they are from the same art of depth image processing. It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of determining that a region of interest includes multi-depth information based on determining a difference between a first depth value of the plurality of elements and a second depth value of the plurality of elements is greater than a multi-depth threshold, as taught by Guo, into the apparatus for processing image data disclosed by Goyal. The suggestion/motivation for doing so would have been to provide foreground segmentation of a depth map (Guo, paragraph 09). Therefore, it would have been obvious to combine Guo with Goyal to obtain the invention as specified in claim 51. Regarding claim 52 , the combination of Goyal and Guo discloses the apparatus of claim 51, wherein the at least one processor is configured to: sort the plurality of elements according to the representative depth information associated with the plurality of elements, wherein the plurality of elements are sorted from smallest depth to largest depth ( Goyal, Fig. 3, elements 340 and 350; column 15, lines 21-53, wherein a range of depth information associated with each of the elements is determined and used to rank/sort the regions based depth (i.e. smallest to largest) ). Regarding claim 55 , the combination of Goyal and Guo discloses the apparatus of claim 51, wherein the at least one processor is configured to: determine a second region of interest corresponding to a second object depicted in the image ( Goyal, Fig. 1C, element 140; Fig. 3, element 320; column 3, lines 19-42; column 14, lines 43-63, wherein the foreground or background regions of the color image corresponds to a first and second region of interest, corresponding to at least one object ), the second region of interest being associated with a second plurality of elements of the multi-point grid ( Goyal, Fig. 1E; Fig. 3, elements 325-335; column 3, line 43 – column 4, line 5; column 14, line 64 – column 15, line 20, wherein a depth image is associated with the color image, and each region is associated with at least one element of the multi-point depth grid, represented by elements 136-1 – 136-49 of figure 1E, of the depth image ); determine a difference between a first depth value of the second plurality of elements and a second depth value of the second plurality of elements is less than the multi-depth threshold; and determine the second region of interest does not include multi-depth information based on determining the difference between the first depth value of the second plurality of elements and the second depth value of the second plurality of elements is less than the multi-depth threshold ( Guo, Fig. 2, element 202 and paragraphs 53-55, wherein a second consistent region associated with the foreground or background regions of a depth map is determined based on depth values not being greater than a “multi-depth” threshold (i.e. being less than the threshold ). Regarding claim 58 , the combination of Goyal and Guo discloses the apparatus of claim 51, wherein the multi-point depth sensing system includes a transmitter including a plurality of light sources and a receiver configured to receive reflections of light emitted by the plurality of light sources, and wherein the representative depth information is determined based on the received reflections of light ( Goyal, Fig. 1D, element 110; Fig. 2, elements 224, 226; column 3, lines 44-56 and column 11, lines 26-39, wherein projector corresponds to the claimed transmitter that projects light that reflected off objects in the scene and is received by the depth sensor (i.e. receiver) that is then used to determine the representative depth information ) . 07-21-aia AIA Claim 57 is rejected under 35 U.S.C. 103 as being unpatentable over USPN 10,306,203 to Goyal et al. (“Goyal”) in view of US 2016/0105636 to Guo et al. (“Guo”) in further view of US 2024/0259696 to He . Regarding claim 57 , the combination of Goyal and Guo discloses the apparatus of claim 51. The combination of Goyal and Guo does not disclose expressly wherein the at least one processor is configured to process the image based on the representative depth information representing the first distance, wherein to process the image the at least one one processor is configured to perform at least one of automatic-exposure, automatic-focus, automatic-white-balance, or automatic-zoom on at least the first region of interest of the image. He discloses a process for determining a foreground region/object based on depth and further processing those regions/objects by performing at auto-exposure on the region/object ( Fig. 4 and paragraphs 67-69 ). Goyal, Guo & He are combinable because they are from the same art of image processing. It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of performing automatic-exposure on a region of interest in an image based on the representative depth information representing the first distance, as taught by He, into the process of determining representative depth information disclosed by the combination Goyal and Guo. The suggestion/motivation for doing so would have been to greatly improve auto-exposure management using depth information (He, paragraph 25). Therefore, it would have been obvious to combine He with Goyal and Guo to obtain the invention as specified in claim 57 . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim s 1-3, 21-26 and 28-40 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 53 and 61 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. 13-03 AIA The following is an examiner’s statement of reasons for allowance: Regarding independent claims 1 and 21, please refer to the applicants remarks filed on 4/3/26 for the reasons of allowance . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion 07-40 AIA 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. 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AARON W CARTER/Primary Examiner, Art Unit 2661 Application/Control Number: 18/561,271 Page 2 Art Unit: 2661 Application/Control Number: 18/561,271 Page 3 Art Unit: 2661 Application/Control Number: 18/561,271 Page 4 Art Unit: 2661 Application/Control Number: 18/561,271 Page 5 Art Unit: 2661 Application/Control Number: 18/561,271 Page 6 Art Unit: 2661 Application/Control Number: 18/561,271 Page 7 Art Unit: 2661 Application/Control Number: 18/561,271 Page 8 Art Unit: 2661 Application/Control Number: 18/561,271 Page 9 Art Unit: 2661 Application/Control Number: 18/561,271 Page 10 Art Unit: 2661 Application/Control Number: 18/561,271 Page 11 Art Unit: 2661 Application/Control Number: 18/561,271 Page 12 Art Unit: 2661 Application/Control Number: 18/561,271 Page 13 Art Unit: 2661
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