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 .
DETAILED ACTION
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement(s) submitted on 12/4/2023 and 2/1/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are 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 limitation(s) is/are:
“calculation unit” in claim(s) 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) 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 it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/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 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.
Claim(s) 3-4, 6, 9 and 10 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 3-4 recites “it” in line 2 where it is not clear which elements within the claims that it refers to.
Claim 6 recites “characterised in that the long exposure time (TL) is less than the image production rate of at least one of said sensors from said at least two sensors” which recites a first unit “the long exposure time (TL)” compared to a second unit “the image production rate” where the first unit is a time unit while the second unit is a rate unit (e.g. frame per time unit). This renders the claim indefinite because it is not clear how two different units are compared and how they should be read as claimed.
Claim 9 recites “it” in line 2 where it is not clear which elements within the claims that it refers to.
Claim 10 recites “it” in line 2 from the bottom where it is not clear which elements within the claims that it refers to.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter.
Claim 9 is directed to a “Computer program product comprising program code instructions” claimed in the absence of any underlying medium or other system, but a “program” is not a method, machine, manufacture, or composition of matter. The claim thus falls outside the four statutory categories of 35 U.S.C. 101 and is therefore nonstatutory. If the specification includes written description support, this rejection could be overcome by claiming the invention as being stored in a nontransitory computer readable medium; however, see MPEP 2111.05 for a discussion of functional and nonfunctional descriptive material as related to computer readable media.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laroia (US 20140192214 A1).
Regarding claim 1, Laroia teaches Method for generating a video stream comprising a set of high dynamic range images, called HDR video stream, from a plurality of standard dynamic range images that are obtained by reading at least two image sensors each having an image production rate , each sensor comprising a plurality of pixels arranged in a matrix, and each associated with a photoelectric conversion element for converting received light into electric charge and accumulating said electric charge over a light exposure time (Figs. 1-4, 10, 21; paras. 0074, 0157), method comprising a plurality of iterations of creating high dynamic range images comprising:
- determining (D1) at least three sensor exposure times comprising: a short exposure time TC, a long exposure time TL and an intermediate exposure time TI, such that TC<TI<TL (step 410; paras. 0165, 0287);
- at least one iteration of reading (D2) sensors, from said at least two sensors, delivering at least three successive images (IC, II, IL), depending on said at least three sensor exposure times (TC, TI, TL) (para. 0165);
- saving (D3), within at least three dedicated memory areas (ZM#1, ZM#2, ZM#3), said at least three successive images (IC, II, IL), each memory area being dedicated to a sensor exposure time from said at least three sensor exposure times (Fig. 21; paras. 0165, 0253);
- generating (D4) a high dynamic range image from information extracted from said at least three successive images (IC, II, IL) saved respectively within said at least three dedicated memory areas (ZM#1, ZM#2, ZM#3) (steps 424-432);
- adding (D5) said high dynamic range image to said HDR video stream (step 432; paras. 0074, 0167-0171), the method being implemented so that at any moment an image acquired at the short time (IC), an image acquired at the intermediate time (II) and an image acquired at the long time (IL) are respectively present within said at least three dedicated memory areas (ZM#1, ZM#2, ZM#3) (para. 0165).
Regarding claim 2, Laroia teaches Method for generating an HDR video stream according to Method for generating an HDR video stream according to characterised in that said determination of said at least three sensor exposure times (TC, TI, TL) comprises determining the intermediate exposure time TI depending on said short exposure time TC and on the long exposure time TL (Figs. 10, 25; para. 0287; three sensor exposure times 1/90, 1/60 and 1/30 sec; the 1/60 sec is determined as medium between the long and the short exposure time).
Regarding claim 6, Laroia teaches Method for generating an HDR video stream according to claim 1, characterised in that the long exposure time (TL) is less than the image production rate of at least one of said sensors from said at least two sensors (Figs. 10, 25; para. 0074).
Regarding claim 7, Laroia teaches Method for generating an HDR video stream according to claim 1, characterised in that the generation of a high dynamic range image of a current iteration of creating a high dynamic range image is implemented from information extracted from at least three current successive images (IC, II, IL) and is implemented at the same time as said iterations of reading sensors, from said at least two sensors, delivering at least three successive images (IC, II, IL) of the following iteration of creating a high dynamic range image (Figs. 10, 25; paras. 0074, 0161, 0287).
Regarding claim 8, Laroia teaches Method for generating an HDR video stream according to claim 1, characterised in that the image rate of the HDR stream is at least equal to the image rate of at least one image sensor from the said at least two image sensors (Figs. 10, 25; paras. 0074, 0161, 0287; HDR video stream is generated by iteratively combining each captured group of three different exposure images captured at a same time into a corresponding HDR video frame; Thus, it is a 1:1 rate).
Regarding claim 9, Laroia teaches Computer program product comprising program code instructions for implementing a method according to claim 1, when it is executed by a processor (Fig. 1; para. 0077).
Regarding claim 10, Laroia teaches Device (Figs. 1) for generating a video stream comprising a set of high dynamic range images, called HDR video stream, from a plurality of standard dynamic range images that are obtained by reading at least two image sensors each having an image production rate, each sensor comprising a plurality of pixels arranged in a matrix, and each associated with a photoelectric conversion element for converting received light into electric charge and accumulating said electric charge over a light exposure time, characterised in that it comprises a calculation unit adapted to implement the steps of the method for generating an HDR video stream according to claim 1 (as presented in claim 1).
Claim(s) 1-2 and 6-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kiser et al (US 11375135 B2).
Regarding claim 1, Kiser teaches Method for generating a video stream comprising a set of high dynamic range images, called HDR video stream, from a plurality of standard dynamic range images that are obtained by reading at least two image sensors each having an image production rate , each sensor comprising a plurality of pixels arranged in a matrix, and each associated with a photoelectric conversion element for converting received light into electric charge and accumulating said electric charge over a light exposure time (Figs. 7-10, 13), method comprising a plurality of iterations of creating high dynamic range images comprising:
- determining (D1) at least three sensor exposure times comprising: a short exposure time TC, a long exposure time TL and an intermediate exposure time TI, such that TC<TI<TL (Fig. 13);
- at least one iteration of reading (D2) sensors, from said at least two sensors, delivering at least three successive images (IC, II, IL), depending on said at least three sensor exposure times (TC, TI, TL) (Figs. 8, 13);
- saving (D3), within at least three dedicated memory areas (ZM#1, ZM#2, ZM#3), said at least three successive images (IC, II, IL), each memory area being dedicated to a sensor exposure time from said at least three sensor exposure times (Fig. 10; col. 15, line 59 to col. 16, line 5);
- generating (D4) a high dynamic range image from information extracted from said at least three successive images (IC, II, IL) saved respectively within said at least three dedicated memory areas (ZM#1, ZM#2, ZM#3) (Figs. 9, 10, 13; col. 17, lines 10-25);
- adding (D5) said high dynamic range image to said HDR video stream, the method being implemented so that at any moment an image acquired at the short time (IC), an image acquired at the intermediate time (II) and an image acquired at the long time (IL) are respectively present within said at least three dedicated memory areas (ZM#1, ZM#2, ZM#3) (Figs. 9, 10, 13; col. 17, lines 10-25).
Regarding claim 2, Kiser teaches Method for generating an HDR video stream according to Method for generating an HDR video stream according to characterised in that said determination of said at least three sensor exposure times (TC, TI, TL) comprises determining the intermediate exposure time TI depending on said short exposure time TC and on the long exposure time TL (Figs. 8, 13).
Regarding claim 6, Kiser teaches Method for generating an HDR video stream according to claim 1, characterised in that the long exposure time (TL) is less than the image production rate of at least one of said sensors from said at least two sensors (Fig. 13).
Regarding claim 7, Kiser teaches Method for generating an HDR video stream according to claim 1, characterised in that the generation of a high dynamic range image of a current iteration of creating a high dynamic range image is implemented from information extracted from at least three current successive images (IC, II, IL) and is implemented at the same time as said iterations of reading sensors, from said at least two sensors, delivering at least three successive images (IC, II, IL) of the following iteration of creating a high dynamic range image (Figs. 8-10, 13).
Regarding claim 8, Kiser teaches Method for generating an HDR video stream according to claim 1, characterised in that the image rate of the HDR stream is at least equal to the image rate of at least one image sensor from the said at least two image sensors (Fig. 13).
Regarding claim 9, Kiser teaches Computer program product comprising program code instructions for implementing a method according to claim 1, when it is executed by a processor (Fig. 7; col. 13, lines 1-17).
Regarding claim 10, Kiser teaches Device (Figs. 7-10, 13) for generating a video stream comprising a set of high dynamic range images, called HDR video stream, from a plurality of standard dynamic range images that are obtained by reading at least two image sensors each having an image production rate, each sensor comprising a plurality of pixels arranged in a matrix, and each associated with a photoelectric conversion element for converting received light into electric charge and accumulating said electric charge over a light exposure time, characterised in that it comprises a calculation unit adapted to implement the steps of the method for generating an HDR video stream according to claim 1 (as presented in claim 1).
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 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.
Claim(s) 2 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laroia (US 20140192214 A1) in view of Morimura et al (JP-2014176449-A).
Regarding claim 2, in the alternative, the broader feature claimed in claim 2 compared to claim 5 is also rejected for the same reason presented below in claim 5.
Regarding claim 5, Laroia teaches everything as claimed in claim 1, but fails to teach
characterised in that the intermediate exposure time (TI) is obtained as the square root of the product of the short exposure time (TC) and of the long exposure time (TL).
However, in the same field of endeavor Morimura teaches
characterised in that the intermediate exposure time (TI) is obtained as the square root of the product of the short exposure time (TC) and of the long exposure time (TL) (page 10, lines 36-43: “The exposure time at the medium time exposure is set based on the exposure times at the new long exposure time and the short exposure time, and is, for example, the square root of the ratio between the new long exposure time and the short exposure time.”).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Morimura in Laroia to have characterised in that the intermediate exposure time (TI) is obtained as the square root of the product of the short exposure time (TC) and of the long exposure time (TL) for optimizing exposure times of the captured images for suppressing decreasing the signal to noise of the generated HDR images yielding a predicted result.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Laroia (US 20140192214 A1) in view of Kang et al (US 20050243177 A1).
Regarding claims 3-4, Laroia teaches everything as claimed in claim 1, but fails to teach
Claim 3: Method for generating an HDR video stream according to claim 1, characterised in that the short exposure time (TC) is calculated so that it produces, during the reading of a sensor from said at least two sensors, a standard dynamic range image of which a percentage of white-saturated pixels is less than a predetermined threshold.
Claim 4: Method for generating an HDR video stream according to claim 1, characterised in that the long exposure time (TL) is calculated so that it produces, during the reading of a sensor from said at least two sensors, a standard dynamic range image of which a percentage of black-saturated pixels is less than a predetermined threshold.
However, in the same field of endeavor Kang teaches
Claim 3: Method for generating an HDR video stream according to claim 1, characterised in that the short exposure time (TC) is calculated so that it produces, during the reading of a sensor from said at least two sensors, a standard dynamic range image of which a percentage of white-saturated pixels is less than a predetermined threshold (Figs. 5; paras. 0089-0093).
Claim 4: Method for generating an HDR video stream according to claim 1, characterised in that the long exposure time (TL) is calculated so that it produces, during the reading of a sensor from said at least two sensors, a standard dynamic range image of which a percentage of black-saturated pixels is less than a predetermined threshold (Figs. 5; paras. 0089-0093).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Kang in Laroia to have features of claims 3-4 for optimizing exposure times of captured images based on a current scene so that improved HDR video images can be optimized yielding a predicted result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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/Quan Pham/Primary Examiner, Art Unit 2637