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 .
Election/Restrictions
Applicant’s election without traverse of species I corresponding to claims 1-8, 10 and 13-14 in the reply filed on 9/18/2025 is acknowledged.
Claims 9 and 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/18/2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 (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 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.
Claims 1-3 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Komiya et al. US 2009/0256927.
Re claim 1, Komiya discloses a camera (100) comprising: a light guiding module (lens 102 and half mirror 104) configured to receive incident light external to the camera and split the incident light into a first light and a second light; an image sensing module (RGB sensor 114 receives first light beam from half mirror 104) configured to receive the first light and convert the first light into image data; a spectrometer module (multipoint spectral measurement sensor 122 receives second light beam from half mirror 104) configured to receive the second light and obtain spectral information of the second light (figures 1-2; paragraphs 36-55); and a processor (camera control unit 120) electrically connected to the image sensing module and the spectrometer module, the processor being configured for adjusting image data based on the spectral information; wherein the image data comprises data of a plurality of pixels, and data of each of the plurality of pixels comprises intensities information of three primary colors of light, the processor is further configured to adjust the intensity information of each of the three primary colors of light in the data of the plurality of pixels based on the spectral information (camera control unit 120 performs color conversion processing on RGB image data captured by sensor 114 on the basis of multipoint spectral data output by multipoint spectral measurement sensor 122) (figures 1-2; paragraphs 50-55).
Re claim 2, Komiya further discloses that the light guiding module comprises a lens module (102) and a beam splitter module (half mirror 104); the lens module (102) is configured to receive the incident light; the beam splitter module (104) is configured to transmit the first light and reflect the second light (half mirror 104 transmits first light to RGB sensor 114 and reflects second light to spectral measurement sensor 122) (figures 1-2; paragraphs 36-55).
Re claim 3, Komiya further discloses that the beam splitter module (half mirror 104) is semi-transparent and semi-reflective; the beam splitter module is configured to transmit a portion of the incident light and reflect a remaining portion of the incident light (half mirror 104 transmits first light to RGB sensor 114 and reflects second light to spectral measurement sensor 122) (figures 1-2; paragraphs 36-55).
Re claim 13, Komiya further discloses a method for adjusting image data, the adjusting method being applied in the camera of claim 1, the method comprising: calculating an intensity ratio of three primary colors of light in the spectral information; and adjusting the intensity of each of the three primary colors of light in data of each pixel according to the intensity ratio of the three primary colors of light in the spectral information (color conversion processing unit 206 adjusts the intensity of RGB image data of pixels according to intensity ratios and area-by-area color conversion characteristic data based on camera spectral sensitivity information provided by spectral sensor 122) (figure 6; paragraphs 68-92).
Re claim 14, Komiya further discloses obtaining a type and a number of primary colors of light included in a display module configured for displaying the image data; calculating an intensity ratio of the primary colors of light of the display module in the spectral information based on the type and the number of primary colors of light included in the display module; and adjusting the image data to include data of the intensities of the primary color of lights in the display module according to the intensities of the three primary colors (R,G,B) of light in the image data and the intensity ratio of the primary color of lights of the display module in the spectral information (display 116 is a color display panel capable of displaying image data generated by the image capturing apparatus and the camera control unit 120 performs color conversion processing on R,G,B image data on the basis of multipoint spectral data output by measurement sensor 122 and then displays color converted R,G,B image data on the display 116 in a resolution suited to a display resolution of the display 116) (figures 1-2, 6; paragraphs 36-55, 68-92).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Komiya et al. US 2009/0256927 in view of Yoshino US 2021/0239963.
Re claim 4, the Komiya reference discloses all of the limitations of claim 3 above including a beam splitter module that is a half mirror (104) (figures 1-2; paragraphs 36-55). However, although the Komiya reference discloses all of the limitations above it fails to specifically disclose that the beam splitter module is a beam splitter prism comprising two right-angled prisms; each of the two right-angled prisms comprises an inclining surface; inclining surfaces of the two right-angled prisms are adhered to each other, and a semi-transparent and semi-reflective film is on the inclining surface of one of the two right-angled prisms.
However, Yoshino discloses that it is well known in the imaging art for an image capturing and optical device to including a beam splitter module including a beam splitter prism comprising two right-angled prisms (123a, 123b); each of the two right-angled prisms comprises an inclining surface; inclining surfaces of the two right-angled prisms are adhered to each other, and a semi-transparent and semi-reflective film (123e – polarization separation film) is on the inclining surface of one of the two right-angled prisms (123a, 123b) (figure 4; paragraphs 52-56). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include a beam splitter prism comprising two right-angled prisms and a semi-transparent and semi-reflective film as disclosed by the Yoshino reference in the camera device including a beam splitter disclosed by the Komiya reference. Doing so would provide an alternative means for splitting incident light into plural beams to be projected on different sensing devices of an imaging device.
Claims 5-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Komiya et al. US 2009/0256927 in view of Nagai US 5,570,180.
Re claim 5, the Komiya reference discloses all of the limitations of claim 1 above and further discloses that the multipoint spectral measurement sensor 122a may include a re-imaging lens 902 to transmit beams of light to the sensor 122a (figure 9; paragraphs 93-98). However, although the Komiya reference discloses all of the limitations above it fails to specifically disclose that the spectrometer module includes a superlens that is configured to disperse second light that is to be received by the spectrometer sensor.
However, Nagai discloses that it is well known in the art for a spectrometer to be provided with a superlens (optical shutter array 60) configured to disperse light that is received by a spectrometer sensor (photoelectric conversion element 12) (figures 1, 2A-2C; col. 5, line 3-col. 7, line 61). Therefore, it would have been obvious for one skilled in the art before the effective filing date to have been motivated to include an optical shutter array as disclosed by the Nagai reference in the spectrometer module of the camera disclosed by the Komiya reference. Doing so would provide a means for dispersing incoming light to an image sensor of a spectrometer.
Re claims 6-7, Nagai further discloses that the superlens (60) comprises a transparent substrate and a plurality of nanostructures on the substrate (optical shutter array 60 includes a plurality of projections 66); each of the plurality of nanostructures (66) has a columnar shape and a dimension ranging from tens of nanometers to hundreds of nanometers and is arranged in an array on the substrate (figures 1, 2A-2C; col. 5, line 3-col. 7, line 61).
Re claim 8, Komiya further discloses a superlens (902) configured to transmit the second light to the spectrometer sensor (figure 9; paragraphs 93-98). In addition, Nagai discloses a lens (11) configured to transmit the dispersed second light to the spectrometer sensor (12) (figures 1, 2A-2C; col. 5, line 3-col. 7, line 61).
Re claim 10, Komiya further discloses that the spectrometer module further comprises a slit (slit plate 2) ; the slit (2) is between the light guiding module and the superlens (60), and configured to block a portion of the second light (figures 1, 2A-2C; col. 5, line 3-col. 7, line 61).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Benson et al. US 2022/0412799 discloses a spectrometer including a diffraction grating structure.
Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kelly L. Jerabek whose telephone number is (571) 272-7312. The examiner can normally be reached on Monday - Friday (8:00 AM - 5:00 PM).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for submitting all Official communications is (571) 273-7300. The fax phone number for submitting informal communications such as drafts, proposed amendments, etc., may be faxed directly to the Examiner at (571) 273-7312.
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/KELLY L JERABEK/Primary Examiner, Art Unit 2699