DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/23/2026 has been entered.
AMENDMENTS
Applicant/s submitted arguments and remarks on 06/23/2026. The Examiner acknowledges the arguments and reviewed the claims accordingly.
Applicant/s amended claims 1, 9 – 10, and 15 – 16. Claim 17 has been cancelled and new claims 18 – 20 have been added. Claims 1 – 2, 5 – 16 and 18 – 20 are currently pending.
Response to Arguments
In regards to Argument 1, with respect to the rejection of claims 1, 5, 13 and 15 – 17, under 35 U.S.C. 103, the applicant/s states that independent claims 1 and 15 – 16 have been amended by incorporating most of the limitations of claim 17 and additional limitations of a turn-off period. The applicant/s further states that claim 17 has been cancelled. The applicant/s states that Saito in view of Satoshi fails to teach the limitations recited in the currently amended independent claim 1, “turn-off period between each emission of the light of the different wavelengths”. The applicant/s states that independent claims 15 – 16 have been amended substantially in the same was as amended claim 1. The applicant/s further states that new claims 18 – 20 are dependent from amended claims 1 and 15 – 16 and claims 2 and 5 – 14, are directly or indirectly dependent on amended independent claim 1. Therefore, the applicant/s requests withdrawal of rejection of claim 1 – 2, 5 – 16 and 18 – 20, under 35 U.S.C. 103. (See Arguments/Remarks, page 7 – 12, dated 01/27/2026)
In response to Argument 5, with respect to the rejection of claims 1, 5, 13 and 15 – 17, under 35 U.S.C. 103, the Examiner states that the applicant/s arguments have been fully considered but rendered moot in view of the amendments made to the independent claims. The Examiner further states that the amendments changed the scope of the claims. Therefore, the Examiner states that upon further search and consideration, the following new rejections have been necessitated by the amendments.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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, 5, 13, 15 – 16 and 18 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa).
Regarding Claim 1, Saito teaches:
A measuring device comprising:
image sensor (Saito, [0015] “image sensor 26 that photoelectrically converts the subject light”);
circuitry including a CPU that is configured to cause the image sensor to capture an image of an imaging range in water (Saito, [0010] “the photographing apparatus of the present invention includes an imaging unit that captures an image of a subject, a strobe light emitting unit that emits strobe light that illuminates the subject, and an image of the subject imaged by emitting the strobe light as a strobe image”; Saito, [0018] “an image quality correction circuit (W/γ) 34c for performing image quality correction processing”; Saito, [0027] “the CPU 49 executes the underwater shooting mode”); and
measure information regarding a position of a target object in an imaging direction based on the image captured by the image sensor (Saito, [0011] “a distance measuring unit that measures a subject distance, and a subject distance within the range of the strobe light. And a light emission prohibiting means for prohibiting the emission of strobe light when it is determined that the subject distance is outside the range of the strobe light”; Saito, [0040] “Each of the 79 object distances is measured. The subject distance can be obtained from the position of the focus lens when the subject in each divided area is in focus. When the subject distance of each divided region is measured, it is determined whether or not the subject distance of the divided region 75 located at the center of the shooting range is within the strobe light reachable range”);
While Saito teaches a light emission unit (Saito, [0014] “a strobe light emitting unit 22 that emits strobe light as auxiliary light for illuminating the subject”), it fails to explicitly teach:
a light source configured to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period, wherein
the circuitry is further configured to cause the image sensor to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively.
In the same field of endeavor, Satoshi teaches:
a light source configured to switch and emit light of different wavelengths at different timing, and irradiate the imaging range with the light of the different wavelengths at different timing (Satoshi, [0045] “The mode switching unit 72 appropriately switches the operation in the image processing unit 5 as described later in accordance with the normal mode, the intermediate mode, and the night-vision mode”; Satoshi, [0067] “FIG. 9, the infrared light of wavelength IR1 (780 nm) is irradiated to the subject in the first 1/3 period of one frame. In the next 1/3 period of one frame, infrared light of wavelength IR 2 (940 nm) is irradiated to the subject. In the last 1/3 period of one frame, infrared light of wavelength IR3 (870 nm) is irradiated to the subject. The order of projecting infrared light of the wavelengths IR1 to IR3 is arbitrary”; Satoshi, [0009] “An imaging step for imaging a subject in a second mode for imaging in each of the third sections for imaging in a state in which the third infrared light is projected, and an imaging signal output from the imaging unit And a video output step of generating and outputting a video signal of a predetermined signal system based on the second mode, the exposure time in the first section switched from the second mode to the first mode is the second time. Exposure time or more in one interval in the Providing a control program of an image pickup apparatus, characterized in that time”), wherein
the circuitry is further configured to cause the image sensor to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively (Satoshi, [0184] “At step S44, the control unit 7 causes the imaging unit 3 to capture an object. The imaging unit 3 projects the infrared light of the wavelength IR1 associated with R, the infrared light of the wavelength IR2 associated with G, and the infrared light of the wavelength IR3 associated with B. Take a picture of the subject while it is on”; [0186] The frames constituting the video signal generated by the imaging unit 3 imaging the subject in the state where the infrared light of the wavelengths IR1, IR2 and IR3 are respectively projected are referred to as the first frame and the second frame, and the third frame”).
Saito and Satoshi are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito with the invention of Satoshi to make the invention that replaces the light source with of Saito with the light source of Satoshi to switch and emit light of different wavelengths, and irradiate the imaging range with the light of the different wavelengths, wherein the circuitry is further configured to cause the image sensor to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively; doing so can efficiently identify object under different light emitting wavelengths (Satoshi, background); thus one of the ordinary skill in the art would have been motivated to combine the references.
However, Saito in view of Satoshi fails to explicitly teach:
a light source configured to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period;
In the same field of endeavor, Chikugawa teaches:
a light source configured to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period (Chikugawa, [0014] “one or more light-emitting semiconductor devices having a plurality of light-emitting elements emitting light at different wavelengths, comprises first lit steps in which at least a portion of the light-emitting elements of any of the emitted wavelengths is or are made to light as a result of being driven at one or more drive settings for each emitted wavelength, at least one optical output from the lit light-emitting element or elements is detected, and at least one of the light-emitting element drive setting or settings is adjusted based on at least one of the detected light-emitting element optical output or outputs; and unlit steps in which the light-emitting elements of all of the emitted wavelengths are unlit for prescribed unlit time (“turn-off period”); wherein the first lit steps are carried out in repeated fashion while at least a portion of the driven light-emitting element or elements is or are switched so as to cause at least a portion of the light-emitting elements to sequentially light in pulsed fashion in turn by emitted wavelength; and at least one iteration of the unlit steps respectively intervenes between each pair of successive iterations of the first lit steps carried out in repeated fashion”; Chikugawa, [0037] “when light-emitting elements being driven are switched in turn by emitted wavelength, to set prescribed unlit time during which all light-emitting elements are unlit, it is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit”; Chikugawa, Fig. 2(a) – 2(c), [0068] “cause light-emitting elements 2a through 2c to sequentially emit light in pulsed fashion. It is however not the case that a light-emitting element of a subsequent emitted color is made to light simultaneous with extinguishing of a light-emitting element of any given emitted color, there instead being a prescribed unlit time following extinguishing of the light-emitting element of that given emitted color during which all of the light-emitting elements are unlit, lighting of the light-emitting element of the next emitted color being made to occur following passage of this unlit time (the light source being turned off in the turn-off period). Furthermore, during this unlit time, switching of the light-emitting element that is to be driven occurs internal to drive circuit 3, and switching as appropriate for detection of optical output of the light-emitting element of the next emitted color occurs internal to light-receiving circuit 4”);
Saito, Satoshi and Chikugawa are considered analogous art as they are reasonably pertinent to the same field of endeavor. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi with the invention of Chikugawa to make the invention that replaces the light source of Saito in view of Satoshi with the light source of Chikugawa to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period; doing so can allow switching of the light-emitting element during the unlit time (turn-off period) (Chikugawa, [0068]) and is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit and prevent error in detection of the optical output with high precision (Chikugawa, [0037] and [0077]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 5, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, wherein the circuitry is further configured to measure a distance to the target object in the imaging direction (Saito, [0011] “a distance measuring unit that measures a subject distance, and a subject distance within the range of the strobe light”).
Regarding Claim 13, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, wherein the circuitry is further configured to cause the light source to move in a case where the target object may not be detected within the imaging range (Saito, [0033] “Strobe light emission is prohibited when there is a lot of marine snow, and strobe light is allowed when there is little marine snow”; Saito, [0034] “the strobe light emission prohibition setting is maintained, but this is maintained, but the power is turned on again in consideration of the case where the user moves from a place where there is a lot of marine snow to a place where there is little”).
Regarding Claim 15, Saito teaches:
A measurement method comprising:
capturing, by an image sensor (Saito, [0015] “image sensor 26 that photoelectrically converts the subject light”), an image of an imaging range in water (Saito, [0010] “the photographing apparatus of the present invention includes an imaging unit that captures an image of a subject, a strobe light emitting unit that emits strobe light that illuminates the subject, and an image of the subject imaged by emitting the strobe light as a strobe image”); and
measuring information regarding a position of a target object in an imaging direction based on the image that was captured (Saito, [0011] “a distance measuring unit that measures a subject distance, and a subject distance within the range of the strobe light. And a light emission prohibiting means for prohibiting the emission of strobe light when it is determined that the subject distance is outside the range of the strobe light”; Saito, [0040] “Each of the 79 object distances is measured. The subject distance can be obtained from the position of the focus lens when the subject in each divided area is in focus. When the subject distance of each divided region is measured, it is determined whether or not the subject distance of the divided region 75 located at the center of the shooting range is within the strobe light reachable range”);
While Saito teaches a light emission unit (Saito, [0014] “a strobe light emitting unit 22 that emits strobe light as auxiliary light for illuminating the subject”), it fails to explicitly teach:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period, wherein
the capturing is capturing respective images of the imaging range irradiated with the light of the different wavelengths, respectively.
In the same field of endeavor, Satoshi teaches:
causing a light source to switch and emit light of different wavelengths at different timing, and irradiate the imaging range with the light of the different wavelengths at different timing (Satoshi, [0045] “The mode switching unit 72 appropriately switches the operation in the image processing unit 5 as described later in accordance with the normal mode, the intermediate mode, and the night-vision mode”; Satoshi, [0067] “FIG. 9, the infrared light of wavelength IR1 (780 nm) is irradiated to the subject in the first 1/3 period of one frame. In the next 1/3 period of one frame, infrared light of wavelength IR 2 (940 nm) is irradiated to the subject. In the last 1/3 period of one frame, infrared light of wavelength IR3 (870 nm) is irradiated to the subject. The order of projecting infrared light of the wavelengths IR1 to IR3 is arbitrary”; Satoshi, [0009] “An imaging step for imaging a subject in a second mode for imaging in each of the third sections for imaging in a state in which the third infrared light is projected, and an imaging signal output from the imaging unit And a video output step of generating and outputting a video signal of a predetermined signal system based on the second mode, the exposure time in the first section switched from the second mode to the first mode is the second time. Exposure time or more in one interval in the Providing a control program of an image pickup apparatus, characterized in that time”), wherein
the capturing is capturing respective images of the imaging range irradiated with the light of the different wavelengths, respectively (Satoshi, [0184] “At step S44, the control unit 7 causes the imaging unit 3 to capture an object. The imaging unit 3 projects the infrared light of the wavelength IR1 associated with R, the infrared light of the wavelength IR2 associated with G, and the infrared light of the wavelength IR3 associated with B. Take a picture of the subject while it is on”; [0186] The frames constituting the video signal generated by the imaging unit 3 imaging the subject in the state where the infrared light of the wavelengths IR1, IR2 and IR3 are respectively projected are referred to as the first frame and the second frame, and the third frame”).
Saito and Satoshi are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito with the invention of Satoshi to make the invention that replaces the light source with of Saito with the light source of Satoshi to switch and emit light of different wavelengths, and irradiate the imaging range with the light of the different wavelengths, wherein the circuitry is further configured to cause the image sensor to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively; doing so can efficiently identify object under different light emitting wavelengths (Satoshi, background); thus one of the ordinary skill in the art would have been motivated to combine the references.
However, Saito in view of Satoshi fails to explicitly teach:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period;
In the same field of endeavor, Chikugawa teaches:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period (Chikugawa, [0014] “one or more light-emitting semiconductor devices having a plurality of light-emitting elements emitting light at different wavelengths, comprises first lit steps in which at least a portion of the light-emitting elements of any of the emitted wavelengths is or are made to light as a result of being driven at one or more drive settings for each emitted wavelength, at least one optical output from the lit light-emitting element or elements is detected, and at least one of the light-emitting element drive setting or settings is adjusted based on at least one of the detected light-emitting element optical output or outputs; and unlit steps in which the light-emitting elements of all of the emitted wavelengths are unlit for prescribed unlit time (“turn-off period”); wherein the first lit steps are carried out in repeated fashion while at least a portion of the driven light-emitting element or elements is or are switched so as to cause at least a portion of the light-emitting elements to sequentially light in pulsed fashion in turn by emitted wavelength; and at least one iteration of the unlit steps respectively intervenes between each pair of successive iterations of the first lit steps carried out in repeated fashion”; Chikugawa, [0037] “when light-emitting elements being driven are switched in turn by emitted wavelength, to set prescribed unlit time during which all light-emitting elements are unlit, it is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit”; Chikugawa, Fig. 2(a) – 2(c), [0068] “cause light-emitting elements 2a through 2c to sequentially emit light in pulsed fashion. It is however not the case that a light-emitting element of a subsequent emitted color is made to light simultaneous with extinguishing of a light-emitting element of any given emitted color, there instead being a prescribed unlit time following extinguishing of the light-emitting element of that given emitted color during which all of the light-emitting elements are unlit, lighting of the light-emitting element of the next emitted color being made to occur following passage of this unlit time (the light source being turned off in the turn-off period). Furthermore, during this unlit time, switching of the light-emitting element that is to be driven occurs internal to drive circuit 3, and switching as appropriate for detection of optical output of the light-emitting element of the next emitted color occurs internal to light-receiving circuit 4”);
Saito, Satoshi and Chikugawa are considered analogous art as they are reasonably pertinent to the same field of endeavor. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi with the invention of Chikugawa to make the invention that replaces the light source of Saito in view of Satoshi with the light source of Chikugawa to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period; doing so can allow switching of the light-emitting element during the unlit time (turn-off period) (Chikugawa, [0068]) and is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit and prevent error in detection of the optical output with high precision (Chikugawa, [0037] and [0077]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 16, Saito teaches:
A non-transitory computer-readable medium storing a program (Saito, [0025] “The CPU 49 executes a control program”) configured to cause a measuring device to execute processing of:
causing an image sensor to capture an image of a predetermined imaging range in water (Saito, [0015] “image sensor 26 that photoelectrically converts the subject light”), an image of an imaging range in water (Saito, [0010] “the photographing apparatus of the present invention includes an imaging unit that captures an image of a subject, a strobe light emitting unit that emits strobe light that illuminates the subject, and an image of the subject imaged by emitting the strobe light as a strobe image”); and
measuring information regarding a position of a target object in an imaging direction based on the image that was captured (Saito, [0011] “a distance measuring unit that measures a subject distance, and a subject distance within the range of the strobe light. And a light emission prohibiting means for prohibiting the emission of strobe light when it is determined that the subject distance is outside the range of the strobe light”; Saito, [0040] “Each of the 79 object distances is measured. The subject distance can be obtained from the position of the focus lens when the subject in each divided area is in focus. When the subject distance of each divided region is measured, it is determined whether or not the subject distance of the divided region 75 located at the center of the shooting range is within the strobe light reachable range”);
While Saito teaches a light emission unit (Saito, [0014] “a strobe light emitting unit 22 that emits strobe light as auxiliary light for illuminating the subject”), it fails to explicitly teach:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period, wherein
the image sensor is caused to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively.
In the same field of endeavor, Satoshi teaches:
causing a light source to switch and emit light of different wavelengths at different timing, and irradiate the imaging range with the light of the different wavelengths at different timing (Satoshi, [0045] “The mode switching unit 72 appropriately switches the operation in the image processing unit 5 as described later in accordance with the normal mode, the intermediate mode, and the night-vision mode”; Satoshi, [0067] “FIG. 9, the infrared light of wavelength IR1 (780 nm) is irradiated to the subject in the first 1/3 period of one frame. In the next 1/3 period of one frame, infrared light of wavelength IR 2 (940 nm) is irradiated to the subject. In the last 1/3 period of one frame, infrared light of wavelength IR3 (870 nm) is irradiated to the subject. The order of projecting infrared light of the wavelengths IR1 to IR3 is arbitrary”; Satoshi, [0009] “An imaging step for imaging a subject in a second mode for imaging in each of the third sections for imaging in a state in which the third infrared light is projected, and an imaging signal output from the imaging unit And a video output step of generating and outputting a video signal of a predetermined signal system based on the second mode, the exposure time in the first section switched from the second mode to the first mode is the second time. Exposure time or more in one interval in the Providing a control program of an image pickup apparatus, characterized in that time”), wherein
the image sensor is caused to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively (Satoshi, [0184] “At step S44, the control unit 7 causes the imaging unit 3 to capture an object. The imaging unit 3 projects the infrared light of the wavelength IR1 associated with R, the infrared light of the wavelength IR2 associated with G, and the infrared light of the wavelength IR3 associated with B. Take a picture of the subject while it is on”; [0186] The frames constituting the video signal generated by the imaging unit 3 imaging the subject in the state where the infrared light of the wavelengths IR1, IR2 and IR3 are respectively projected are referred to as the first frame and the second frame, and the third frame”).
Saito and Satoshi are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito with the invention of Satoshi to make the invention that replaces the light source with of Saito with the light source of Satoshi to switch and emit light of different wavelengths, and irradiate the imaging range with the light of the different wavelengths, wherein the circuitry is further configured to cause the image sensor to capture respective images of the imaging range irradiated with the light of the different wavelengths, respectively; doing so can efficiently identify object under different light emitting wavelengths (Satoshi, background); thus one of the ordinary skill in the art would have been motivated to combine the references.
However, Saito in view of Satoshi fails to explicitly teach:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period;
In the same field of endeavor, Chikugawa teaches:
causing a light source to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period (Chikugawa, [0014] “one or more light-emitting semiconductor devices having a plurality of light-emitting elements emitting light at different wavelengths, comprises first lit steps in which at least a portion of the light-emitting elements of any of the emitted wavelengths is or are made to light as a result of being driven at one or more drive settings for each emitted wavelength, at least one optical output from the lit light-emitting element or elements is detected, and at least one of the light-emitting element drive setting or settings is adjusted based on at least one of the detected light-emitting element optical output or outputs; and unlit steps in which the light-emitting elements of all of the emitted wavelengths are unlit for prescribed unlit time (“turn-off period”); wherein the first lit steps are carried out in repeated fashion while at least a portion of the driven light-emitting element or elements is or are switched so as to cause at least a portion of the light-emitting elements to sequentially light in pulsed fashion in turn by emitted wavelength; and at least one iteration of the unlit steps respectively intervenes between each pair of successive iterations of the first lit steps carried out in repeated fashion”; Chikugawa, [0037] “when light-emitting elements being driven are switched in turn by emitted wavelength, to set prescribed unlit time during which all light-emitting elements are unlit, it is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit”; Chikugawa, Fig. 2(a) – 2(c), [0068] “cause light-emitting elements 2a through 2c to sequentially emit light in pulsed fashion. It is however not the case that a light-emitting element of a subsequent emitted color is made to light simultaneous with extinguishing of a light-emitting element of any given emitted color, there instead being a prescribed unlit time following extinguishing of the light-emitting element of that given emitted color during which all of the light-emitting elements are unlit, lighting of the light-emitting element of the next emitted color being made to occur following passage of this unlit time (the light source being turned off in the turn-off period). Furthermore, during this unlit time, switching of the light-emitting element that is to be driven occurs internal to drive circuit 3, and switching as appropriate for detection of optical output of the light-emitting element of the next emitted color occurs internal to light-receiving circuit 4”);
Saito, Satoshi and Chikugawa are considered analogous art as they are reasonably pertinent to the same field of endeavor. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi with the invention of Chikugawa to make the invention that replaces the light source of Saito in view of Satoshi with the light source of Chikugawa to switch and emit light of different wavelengths at different timings with a turn-off period between each emission of the light of the different wavelengths, and irradiate the imaging range with the light of the different wavelengths at the different timings, the light source being turned off in the turn-off period; doing so can allow switching of the light-emitting element during the unlit time (turn-off period) (Chikugawa, [0068]) and is possible to avoid mutual overlap between or among times during which light-emitting elements of different emitted wavelengths are actually lit and prevent error in detection of the optical output with high precision (Chikugawa, [0037] and [0077]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 18, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, wherein the circuitry is further configured to cause the image sensor to capture the image of the imaging range every time the light source is turned on and off (Satoshi, [0162] “the light emission control unit 71 controls the on / off of the infrared light projector 9, and the mode switching unit 72 switches the operation / non-operation of each unit in the video processing unit 5”; Satoshi, [0180] – [0181] “the control unit 7 (light projection control unit 71) turns off the infrared light projector 9 in step S31…In step S34, the control unit 7 causes the imaging unit 3 to capture an object. In step S35, the control unit 7 controls the video processing unit 5 so that the demosaicing unit 54 demosaicing a frame that constitutes a video signal generated by the imaging unit 3 capturing an object”).
Regarding Claim 19, Saito in view of Satoshi further in view of Chikugawa teaches the measuring method according to claim 15, wherein the method is further configured to cause the image sensor to capture the image of the imaging range every time the light source is turned on and off (Satoshi, [0162] “the light emission control unit 71 controls the on / off of the infrared light projector 9, and the mode switching unit 72 switches the operation / non-operation of each unit in the video processing unit 5”; Satoshi, [0180] – [0181] “the control unit 7 (light projection control unit 71) turns off the infrared light projector 9 in step S31…In step S34, the control unit 7 causes the imaging unit 3 to capture an object. In step S35, the control unit 7 controls the video processing unit 5 so that the demosaicing unit 54 demosaicing a frame that constitutes a video signal generated by the imaging unit 3 capturing an object”).
Regarding Claim 20, Saito in view of Satoshi further in view of Chikugawa teaches the non-transitory computer-readable medium storing the program according to claim 16, wherein the program is further configured to cause the image sensor to capture the image of the imaging range every time the light source is turned on and off (Satoshi, [0162] “the light emission control unit 71 controls the on / off of the infrared light projector 9, and the mode switching unit 72 switches the operation / non-operation of each unit in the video processing unit 5”; Satoshi, [0180] – [0181] “the control unit 7 (light projection control unit 71) turns off the infrared light projector 9 in step S31…In step S34, the control unit 7 causes the imaging unit 3 to capture an object. In step S35, the control unit 7 controls the video processing unit 5 so that the demosaicing unit 54 demosaicing a frame that constitutes a video signal generated by the imaging unit 3 capturing an object”).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa) and Drazen, David, et al. (Drazen, David, et al. "Toward real-time particle tracking using an event-based dynamic vision sensor." Experiments in Fluids 51.5 (2011): 1465-1469; hereafter referred to as David).
Regarding Claim 2, Saito in Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, wherein
the image sensor includes a vision sensor (Saito, [0023] “a subject image captured by the CCD image sensor 26 in the photographing mode”) configured to acquire pixel data in accordance with an amount of light incident on each of a plurality of pixels arranged two-dimensionally (Saito, [0017] “The CCD image sensor 26 has millions of unit pixels arranged in a matrix with a photodiode having a color filter as a unit pixel, and generates an analog image signal for one screen from the signal charge obtained for each pixel”).
However, Saito in view of Satoshi further in view of Chikugawa fails to explicitly teach:
wherein the image sensor includes a vision sensor configured to acquire pixel data asynchronously in accordance with an amount of light incident on each of a plurality of pixels arranged two-dimensionally.
In the same field of endeavor, David teaches:
wherein the image sensor includes a vision sensor configured to acquire pixel data asynchronously in accordance with an amount of light incident on each of a plurality of pixels arranged two-dimensionally (David, Abstract “A novel camera technology for use in particle tracking velocimetry is presented in this paper. This technology consists of a dynamic vision sensor in which pixels operate in parallel, transmitting asynchronous events only when relative changes in intensity of approximately 10% are encountered with a temporal resolution of 1µs”, page 1466, col. 2, last para, “The DVS has a spatial resolution of 128 x 128 pixels and a temporal resolution of 1µs. Pixels are asynchronous emitters of events, and these events are encoded using the pixel coordinates combined with a timestamp”).
Saito, Satoshi, Chikugawa and David are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of David to make the invention that uses the vision sensor to acquire pixel data asynchronously in accordance with an amount of light incident on each of a plurality of pixels arranged two-dimensionally; doing so can efficiently track dense particles with improved processing time (David, Abstract); thus one of the ordinary skill in the art would have been motivated to combine the references.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa) and Fujiwara, Ken (See Machine Translation for WO 2021038753 A1; hereafter referred to as Fujiwara).
Regarding Claim 6, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
wherein the circuitry is further configured to measure a speed of the target object in the imaging direction.
In the same field of endeavor, Fujiwara teaches:
the circuitry is further configured to measure a speed of the target object in the imaging direction (Fujiwara, page 11, para 4, “That is, in two or more images or moving images taken within a predetermined time, the distance traveled, the amount of change in posture, and the like are detected for one detected individual”).
Saito, Satoshi, Chikugawa and Fujiwara are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Fujiwara to make the invention that measures a speed of the target object in the imaging direction; doing so can efficiently detect aquatic animals (target object) in the water (Fujiwara, Abstract); thus one of the ordinary skill in the art would have been motivated to combine the references.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa) and Asano et al. (See Machine Translation for WO 2014171052 A1; hereafter referred to as Asano).
Regarding Claim 7, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
the circuitry is further configured to identify a type of the target object based on the image captured by the image sensor, and
measure the information regarding the position of the target object based on the type of the target object was identified.
In the same field of endeavor, Asano teaches:
the circuitry is further configured to identify a type of the target object based on the image captured by the image sensor (Asano, page 2, summary of the invention, “The distance to the object is calculated based on the length of the object in the captured image and the reference length of the object predetermined in accordance with the type of the object”), and
measure the information regarding the position of the target object based on the type of the target object was identified (Asano, page 9, para 2, “The object detection unit 1300 extracts the object in the captured image at the request from the distance estimation unit 1200 and calculates the pixel size according to the type of the object and the direction (direction) of the type (the length of the object is The number of pixels indicated), and the position coordinates of the object to the distance estimating unit 1200”; Asano, page 14, para 5, “from an image capturing position to an object in a captured image, the image processing method comprising the steps of: detecting a type of the object in the captured image A predetermined constant obtained by photographing a chart of a predetermined length arranged at a position apart from the imaging position by a predetermined distance, a length of the object in the captured image, And a first distance calculating step of calculating a distance to the object based on a reference length of an object predetermined in accordance with the type detected in the object detecting step”).
Saito, Satoshi, Chikugawa and Asano are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Asano to make the invention that identifies the type of the target object on a basis of the image captured by the imaging unit and measures information regarding a position of the target object; doing so can efficiently detect different types of target objects (Asano, page 2, summary); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 8, Saito in view of Satoshi further in view of Chikugawa and Asano teaches the measuring device according to claim 7, wherein the circuitry is further configured to measure the information regarding the position of the target object based on statistical information for the type of the target object (Asano, page 14, last para, “According to such an image processing method, an image processing apparatus and an image processing program, a reference length (actual length) is previously determined for each type of object and the length of the object in the captured image (the number of pixels Since the distance to the object in the captured image is calculated using the image capturing method, the distance to the object in the captured image can be accurately calculated”; Asano, page 15, para 2, “since the direction of the length used for distance measurement is different for each type of object, by using the length in the direction with little change due to the movement of the object or the like, the distance is calculated more accurately Is possible”).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa) and Noda et al. (US 20180373942 A1; hereafter referred to as Noda).
Regarding Claim 9, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
wherein the circuitry is further configured to measure the information regarding the position of the target object based on a learning result of information regarding a position previously learned for a type of the target object.
In the same field of endeavor, Noda teaches:
wherein the circuitry is further configured to measure the information regarding the position of the target object based on a learning result of information regarding a position previously learned for a type of the target object (Noda, [0053] “When a plurality of types of objects are to be detected simultaneously, different neural networks may be trained and used for the respective object types to be detected, or the same neural network may be trained and used. Even when the object to be detected …, different neural networks may be trained for respective types, … and such neural networks may be used in the estimations of the posture or the distance”).
Saito, Satoshi, Chikugawa and Noda are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Noda to make the invention that measures information regarding a position of the target object on a basis of a learning result of information regarding a position previously learned for each type of the target object; doing so can efficiently detect different types of target objects (Noda, [0016]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 10, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
wherein the circuitry is further configured to measure the information regarding the position of the target object based on a learning result of information regarding a position previously learned regardless of a type of the target object.
In the same field of endeavor, Noda teaches:
wherein the circuitry is further configured to measure the information regarding the position of the target object based on a learning result of information regarding a position previously learned regardless of a type of the target object (Noda, [0032] “The detecting function 12 may also be configured to input the entire captured image or a part of the captured image captured by the onboard camera 2 to a neural network having been trained in advance, to obtain only the output of the position of the scanning rectangle, and to further subject the position to non-linear processing performed by a neural network or the like, and to cause the neural network to output likelihood of the object being another object”; [0033] To detect a plurality of types of objects …, the number of variations in the shape or the size of the scanning rectangle may be increased, corresponding to the respective types of objects.”).
Saito, Satoshi, Chikugawa and Noda are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikuwaga with the method of Noda to make the invention that measures information regarding a position of the target object on a basis of a learning result of information regarding a position previously learned for each type of the target object; doing so can efficiently detect different types of target objects (Noda, [0016]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Claim 11, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Saito (See Machine Translation for JP 2007189542 A; hereafter referred to as Saito) in view of Satoshi et al. (See Machine Translation for JP 2015126537 A; hereafter referred to as Satoshi) further in view of Chikugawa (US 20050117367 A1; hereafter referred to as Chikugawa) and Shibusawa et al. (US 20180359424 A1; hereafter referred to as Shibusawa).
Regarding Claim 11, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
wherein the circuitry is further configured to cause the light source to temporarily stop emission of the light from the illumination unit in a case where the target object may not be detected within the imaging range.
In the same field of endeavor, Shibusawa teaches:
wherein the circuitry is further configured to cause the light source to temporarily stop emission of the light from the illumination unit in a case where the target object may not be detected within the imaging range (Shibusawa, [0477] when it is determined by the determiner 15 that the captured image obtained by the second operation of the controller 14 does not include the detection target, since the determining of the light emission intensity (the light emission amount) of the light source 11 during imaging for obtaining the captured image as a light emission intensity to be set is canceled, the imaging at a light emission intensity (a light emission amount) not suitable to determine whether the detection target exists may be stopped”).
Saito, Satoshi, Chikugawa and Shibusawa are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Shibusawa to make the invention that causes the light source to temporarily stop emission of the light from the illumination unit in a case where the target object may not be detected within the imaging range; doing so can efficiently detect target objects/ subjects while reducing power consumption needed to illuminate the subject (Shibusawa, [0004]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 12, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
wherein the circuitry is further configured to cause the light source to change a wavelength of light emitted from the light source in a case where the target object may not be detected within the imaging range.
In the same field of endeavor, Shibusawa teaches:
wherein the circuitry is further configured to cause the light source to change a wavelength of light emitted from the light source in a case where the target object may not be detected within the imaging range (Shibusawa, [0076] “the controller may be further configured to, when the image area determined by the determiner to include the detection target does not exist, perform the light emission control so that the plurality of light sources emit light in a pre-determined light emission order, and when the image area determined by the determiner to include the detection target exists, perform the light emission control so that a light emission frequency of the light source corresponding to the image area determined by the determiner to include the detection target from among the plurality of light sources is increased”; Shibusawa, [0085] “when the image area determined by the determiner to include the detection target does not exist, perform the light emission control so that the plurality of light sources emit light in a pre-determined light emission order and a turn-on order, and when the image area determined by the determiner to include the detection target exists, perform the light emission control so that a frequency at which the light source corresponding to the image area determined by the determiner to include the detection target from among the plurality of light sources is turned on in a turn-on period corresponding to the image area determined by the determiner to include the detection target is increased”).
Saito, Satoshi, Chikugawa and Shibusawa are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Shibusawa to make the invention that causes the light source to change a wavelength of light emitted from the light source in a case where the target object may not be detected within the imaging range; doing so can efficiently detect target objects/ subjects while reducing power consumption needed to illuminate the subject (Shibusawa, [0004]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Regarding Claim 14, Saito in view of Satoshi further in view of Chikugawa teaches the measuring device according to claim 1, but fails to explicitly teach:
another light source configured to irradiate the imaging range, wherein the circuitry is further configured to cause the another light source to emit light in a case where the target object may not be detected within the imaging range.
In the same field of endeavor, Shibusawa teaches:
another light source configured to irradiate the imaging range, wherein the circuitry is further configured to cause the another light source to emit light in a case where the target object may not be detected within the imaging range (Shibusawa, [0085] “when the image area determined by the determiner to include the detection target does not exist, perform the light emission control so that the plurality of light sources emit light in a pre-determined light emission order and a turn-on order, and when the image area determined by the determiner to include the detection target exists, perform the light emission control so that a frequency at which the light source corresponding to the image area determined by the determiner to include the detection target from among the plurality of light sources is turned on in a turn-on period corresponding to the image area determined by the determiner to include the detection target is increased”).
Saito, Satoshi, Chikugawa and Shibusawa are considered analogous art as they are reasonably pertinent to the same field of endeavor of image processing. Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Saito in view of Satoshi further in view of Chikugawa with the method of Shibusawa to make the invention such that another light source configured to irradiate the imaging range, wherein the circuitry is further configured to cause the another light source to emit light in a case where the target object may not be detected within the imaging range; doing so can efficiently detect target objects/ subjects while reducing power consumption needed to illuminate the subject (Shibusawa, [0004]); thus one of the ordinary skill in the art would have been motivated to combine the references.
Conclusion
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VAISALI RAO. KOPPOLU
Examiner
Art Unit 2664
/VAISALI RAO KOPPOLU/Examiner of Art Unit 2664
Prosecution Insights