CTNF 18/569,716 CTNF 90261 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. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Limitation “contribution rate” is not term of the art and is not clearly defined in the specification. Paragraph [0156] mentions the term but does not fully defines it. Also it is unclear what Applicant means by “calculates a distance to the region”. Region is 3D volume and if object is present in the volume distance to the object will be some number but if nothing is present in the volume no distance will be calculated. Also volume can include multiple objects at different distances(which one will be considered distance to region). Examiner in order to advance prosecution Interpreted the limitation as using equations 2 and 3 in the specifications where I(u,v) and Q(u,v) interpreted as differences between different phase measurements as described in [0084-0086]. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 17 is rejected under 35 U.S.C. 101 because claim 17 references a “computer program product having a computer readable medium having computer program logic recorded thereon”. The claim does not include a statutory computer storage medium and is seen as functional descriptive material (software per se). It is further noted that the specification in this instance is silent, but broadest reasonable interpretation of any computer-readable medium includes “signals” and "carrier waves". Signals are not a statutory type of storage media (In re Nuijten, 84 USPQ2d 1495 and “Subject Matter Eligibility of Computer Readable Media” at http://www.uspto.gov/patents/law/notices/101_crm_20100127.pdf ). 07-05-01 AIA the claimed invention is directed to non-statutory subject matter . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 16,18 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by D1 DE 102019124142 A1 . Regarding claims 16, 18 D1 teaches [Claim 16]A distance measuring method comprising, by a distance measuring device configured to illuminate with light selectively one or more regions as targets for distance measurement among a plurality of regions,(abstract) in a case where(conditional limitation no patentable weight) two or more of the plurality of regions are illuminated with illumination light for the respective regions, calculating a distance to the region based on output data output from each pixel of a sensor that receives light from the plurality of regions, the output data corresponding to an amount of light received at the pixel, and based on a calibration parameter calculated for the each pixel. [Claim 18] A distance measuring device configured to illuminate with light selectively one or more regions as targets for distance measurement among a plurality of regions, the distance measuring device comprising a recording unit that records a calibration parameter calculated for each pixel of a sensor that receives light from the plurality of regions.(page 6, 7 implicit) Allowable Subject Matter 07-43-01 AIA Claim s 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action. Prior art does not teach or render obvious using “contribution rate” (if we take description [0156] as definition ) in combination with the rest of the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOVHANNES BAGHDASARYAN whose telephone number is (571)272-7845. The examiner can normally be reached Mon-Fri 7am - 5 pm. 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, Yuqing Xiao can be reached at (571) 270-3603. 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. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645 Application/Control Number: 18/569,716 Page 2 Art Unit: 3645 Application/Control Number: 18/569,716 Page 3 Art Unit: 3645
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