DETAILED ACTION
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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
If the Applicant requests a telephonic interview, the Applicant could schedule a phone interview with the Examiner.
Claim Rejections - 35 USC § 103
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.
Claims 1-9, 12-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hans-George et al. (“Hans-George”, DE 102019132045) in view of Li et al. (“Li”, US 2018/0003822).
Regarding claim 1, Hans-George discloses a method for multispectral recording of an image stream (1), the method comprising:
recording a sequence of single images (2) of a scene (5) as an image stream (1) using an image sensor (7) of an image recording system (23), including recording at least two different types of the single images (2a, 2b) in different associated wavelength ranges (11a, 11b) using the image sensor (7) (Hans-George: see fig. 1 and page 4, lines 36-37 and page 8, lines 15-19, recording a sequence of single images 33, 43 using an image sensor 34 of an image recording system 10, including recording at least two different types of the single image (33, 43) in different associated wave length ranges using the image sensor 34);
wherein the recording of the sequence of the single images (2) using the image sensor (7) is triggered using a signal (13) (Hans-George: see fig. 4 and page 6, lines 31-35, page 10, lines 43-45, wherein the recording of the sequence of the single images 33, 43 using the image sensor 34 using a signal of the video processor).
Hans-George does not explicitly disclose that the image recording system (23) features a signal input port (24) or an interface (25) via which the external synchronization signal (13) can be received by the image recording system (23): and wherein the external synchronization signal (13) is provided by another suitable external device.
However, Li teaches that the image recording system (23) features a signal input port (24) or an interface (25) via which the external synchronization signal (13) can be received by the image recording system (23): and wherein the external synchronization signal (13) is provided by another suitable external device (Li: see fig. 3 and par. [0032], wherein the control chip may be connected to an external trigger signal source, and may send the trigger signal to the camera sensor by using the external trigger signal source. For example, the trigger signal may be from an external algorithm processor, and trigger the camera sensor to collect an image).
One would have been modified to include an external device as taught by Li in the apparatus of Hans-George to obtain more flexibility in controlling the device by having the control from the external device.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Li with the Hans-George’s system to include that the image recording system (23) features a signal input port (24) or an interface (25) via which the external synchronization signal (13) can be received by the image recording system (23): and wherein the external synchronization signal (13) is provided by another suitable external device.
Regarding claim 2, Hans-George in the combination with Li discloses the method as claimed in claim 1, wherein the image stream (1) is played back by a playback device (14), which outputs the synchronization signal (13) (Hans-George: see fig. 4 and page 6, lines 31-35, wherein the image stream 89 is played back by a playback device including the video processor and ad 90. One of ordinary skill in the art would understand that the synchronization signal can be applied in any device including a playback device).
Regarding claim 3, Hans-George in the combination with Li discloses the method as claimed in claim 1, further comprising during the recording of the single images (2a, 2b), illuminating the scene (5) using a chronologically alternating illumination, so that the at least two different types of single images (2a, 2b) spectrally differ (Hans-George: see fig. 4 and page 4, lines 12-16, page 8, lines 16-19, wherein during the recording of the single image 33/43, illuminating the scene using a chronologically alternating illumination, so that the at least two different types of single images 33/43/ spectrally differ).
Regarding claim 4, Hans-George in the combination with Li discloses the method as claimed in claim 1, further comprising transmitting the synchronization signal (13) in real-time (One of ordinary skill in the art would understand that the synchronization signal is transmitted in real-time).
Regarding claim 5, Hans-George in the combination with Li discloses the method as claimed in claim 1, further comprising the recording including recording at least one type A of the single images (2a) of the sequence during a chronological type A recording segment (8a), and recording at least one type B of the single images (2b) of the sequence during a chronological type B recording segment (8b), wherein the at least one type A single image (2a) and the at least one type B single image (2b) are recorded using the same image sensor (7) (Hans-George: see fig. 4 and page 4, lines 12-16, wherein the recoding include recording at least one type A of the single image 33 of the sequence during a chronological type A recording segment as first exposure time and recording at least one type B of the single image 43 of the sequence during a chronological type B recording segment as second exposure time, wherein the at least one type A single image 33 and the at least one type B single image 43 are recorded using the same image sensor 34).
Regarding claim 6, Hans-George in the combination with Li discloses the method as claimed in claim 5, wherein the recording of the at least one type A single image (2a) is recorded while illuminating the scene (5) using or by a first illumination light (3), which is in a first wavelength range (11a) (Hans-George: see page 7, lines 12-21, in which the recording of the at least one type A single image 33 is recorded while illumination the scene using or by a first illumination light 38), and
the recording at least one type B single image (2b) is recorded while the scene (5) is illuminated using a second illumination light (4), which is in a second wavelength range (11b) deviating from the first wavelength range (11a) (Hans-George: see page 4, lines 35-37 and page 7, lines 12-21, note that the recording at least one type B single image 43 is recorded while the scene is illuminated using a second illumination light 48, which is in a second wavelength range deviating from the first wavelength range).
Regarding claim 7, Hans-George in the combination with Li discloses the method as claimed in claim 6, further comprising triggering a chronological modulation of the alternating illumination of at least one of the first illumination light (3) or the second illumination light (4) using the synchronization signal (13) output by the playback device (14) (Hans-George: see fig. 4 and page 4, lines 12-22, triggering a chronological modulation of the alternating illumination of at least one of the first illumination light 38 or the second illumination light 48 using the signal output by the video processor and see the analysis of claims 1 and 2).
Regarding claim 8, Hans-George in the combination with Li discloses the method as claimed in claim 7, further comprising a camera control unit (19) receiving the synchronization signal (13) from the playback device (14) (see the analysis of claims 1-2).
Hans-George in the combination with Li does not explicitly disclose the signal transmitting the synchronization signal to a light source (21) in order to thus trigger the chronological modulation of the at least one of the first illumination light (3) or the second illumination light (4).
The Examiner takes Official Notice that the signal transmitting the synchronization signal to a light source (21) in order to thus trigger the chronological modulation of the at least one of the first illumination light (3) or the second illumination light (4) is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate a signal into Hans-George and Lis’ system to trigger the illumination light. The rational to do so is to activate the illumination light source to supply ambient light for the subject to be captured.
Regarding claim 9, Hans-George in the combination with Li disclose the method as claimed in claim 8, further comprising continuously illuminating the scene (5) using a) an excitation light (34) and alternately using white light (35), and controlling the modulation of the white light (35) or the excitation light (34) using the external synchronization signal (13) (Hans-George: see fig. 4 and page 8, lines 16-19 and analysis of claim 1).
Regarding claim 12, Hans-George in the combination with Li discloses the method as claimed in claim 6, wherein at least one of a) during at least one partial segment (10a) of the chronological type A recording segment (a), the scene (5) is also irradiated using the second illumination light (4), or b) during at least one partial segment (10b) of the chronological type B recording segment (8b), the scene (5) is also irradiated using the first illumination light (3) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. using addition illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987)).
Regarding claim 13, Hans-George in the combination with Li discloses the method as claimed in claim 6, wherein at least one of a) during an entire chronological recording of the respective type A single image (2a), the scene (5) is only irradiated using the first illumination light (3) and not using the second illumination light (4), or b) during an entire chronological recording of the respective type B single image (2b), the scene (5) is only irradiated using the second illumination light (4), and not using the first illumination light (3) (Hans-George: see fig. 4 and page 8, lines 16-19, wherein at least one of a) during the entire chronological recording of the respective type A single image 33, the scene is only irradiated using the first illumination light 38 and not using the second illumination light 48, or b) during an entire the chronological recording of the respective type B single image 43, the scene is only irradiated using the second illumination light 48, and not using the first illumination light 38).
Regarding claim 14, Hans-George in the combination with Li discloses the method as claimed in claim 6, wherein at least one of a) an intensity of the first illumination light (3) before the overlap segment (6) is greater than in and/or after the overlap segment (6), or b) an intensity of the second illumination light (4) after the overlap segment (6) is greater than in and/or before the overlap segment (6) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. deciding when using illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987)).
Regarding claim 15, Hans-George in the combination with Li discloses the method as claimed in claim 6, wherein the image stream (1) is played back on or by the playback device (14) with a playback frequency which is chronologically synchronized with at least one of a) a modulation frequency of the alternating illumination, or with an image recording frequency, at which the image sensor (4) records the single images (2) (Hans-George: see fig. 4, page 14, lines 40-47, wherein the frequency of the display parameter is determined or adjusted).
Regarding claim 16, Hans-George in the combination with Li discloses the method as claimed in claim 6, further comprising between two directly successive chronological illumination segments of at least one of the first illumination light (3) or the second illumination light (4), configuring an illumination-free pause segment (36), which is achieved by accordingly switching off at least one light source (21) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. deciding when using illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).).
Regarding claim 17, Hans-George in the combination with Li discloses the method as claimed in claim 16, wherein the pause segment (36) overlaps with at least one said recording segment (8) of one of the single images (2) (The Examiner notes that it has been held that a recitation with respect to the manner in which a claimed method (i.e. deciding when switching off the illumination light source) is intended to be employed does not differentiate the claimed method from a prior art method satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).).
Regarding claim 21, Hans-George in the combination with Li discloses the method as claimed in claim 1.
Hans-George in the combination with Li does not explicitly disclose that the external device is a data sink, to which the image recording system is transmitting the image stream.
The Examiner takes Official Notice that the external device is a data sink, to which the image recording system is transmitting the image stream is well known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art to incorporate the external device into Hans-George and Lis’ system to receive the image stream. The rational to do so is to obtain image stream from the image recording system.
Regarding claim 18, Hans-George discloses an image recording system (23), comprising:
an image sensor (7), which is configured to record at least two different types of single images (2a, 2b) in different associated wavelength ranges (11a, 11b) as a continuous image stream (1), with a rate of the image sensor (7) during the recording of the single images (2a, 2b) being specifiable (Hans-George: see fig. 1 and page 4, lines 36-37 and page 8, lines 15-19, in which an image sensor 34, which is configured to record at least two different types of single image 33/43 in different associated wavelength ranges as a continuous image stream 89, with a rate of the image sensor 34 during the recording of the single images 33/43 being specifiable);
the image sensor (7) is configured to adapt the rate based on a synchronization signal (13), by changing at least one of an image recording frequency or by changing a respective starting point of the recording segment (8a, 8b) associated with said single image (2a, 2b) (Hans-George: see page 4, lines 12-21, in which the image sensor 34 is configured to adapt the rate based on an external synchronization signal 85, by changing at least one of an image recording frequency as different exposure times); and
the image recording system (23) is configured to receive the synchronization signal (13) via a signal input port (24) (Hans-George: see fig. 4, page 6, lines 31-35, note that the image recording system 30 is configured to receive the external synchronization signal from the video processor 80 which can be another device and should be via a signal input port).
Hans-George does not explicitly the synchronization signal provided by another suitable external device.
On the other hand, Li teaches that the synchronization signal provided by another suitable external device (Li: see fig. 3 and par. [0032], wherein the control chip may be connected to an external trigger signal source, and may send the trigger signal to the camera sensor by using the external trigger signal source. For example, the trigger signal may be from an external algorithm processor, and trigger the camera sensor to collect an image).
One would have been modified to include an external device as taught by Li in the apparatus of Hans-George to obtain more flexibility in controlling the device by having the control from the external device.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Li with the Hans-George’s system to include that the synchronization signal provided by another suitable external device.
Regarding claim 19, Hans-George in the combination with Li discloses the image recording system (23) as claimed in claim 18, wherein the image recording system (15) comprises one light source (21), which emits a first illumination light (3); and the image recording system (23) further comprises a controller (20) that is configured to activate the at least one light source (21) based on the received external synchronization signal (13) in order to modulate an intensity (Hans-George: see fig. 4 and page 6, lines 31-35, wherein the image recording system 10 comprises one light source 38, which emits at least one of a first illumination light and the image recording system further comprises a controller that is configured to active the at least one light source 38 based on the received external synchronization signal in order to modulate an intensity and see the analysis of claim 18).
Regarding claim 20, Hans-George in the combination with Li discloses the image recording system (23) as claimed in claim 19, further comprising a camera control unit (19), which is configured to receive the external synchronization signal (13) and to at least one of a) transmit the external synchronization signal (13) to the image sensor (7), in order to thus trigger the recording of the single images (2a, 2b) (Hans-George: see fig. 4 and page 6, lines 31-35 and see the analysis of claim 18).
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM.
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, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAN T NGUYEN/Patent Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638
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