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 Amendment
The Reply filed 09 July 2026 included a) amended title that overcomes the title objection and b) claim amendments that overcome the 112(b) rejection and 112(f) claim interpretation.
Response to Arguments
Applicant's arguments filed 09 July 2026 have been fully considered but they are not persuasive.
Applicant argues That Ishiazaki does not disclose determining disparity between pixels of a feature point of an object in two images or “derive a positional relationship between the image capturing device and the marker from the disparity of pixels capturing a target section of the market that comprises the feature point” as recited in amended claim 1.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Indeed, Kojima is the primary reference and is relied upon, inter alia, to disclose deriving a positional relationship between the image capturing device and the marker…” as recited in claim 1 including distanced to the marker using a stereo camera. Ishikaki teaches that stereo cameras may also use disparity to determine distance to objects and feature points of detected objects such that it would have been obvious to replace Kojima’s distance determination that determines distance to the marker with highly conventional distance determinations that use disparity between reference and comparison images as taught by Ishizaki because doing so efficiently leverages the Kojima’s stereo camera to determine distance (disparity) to detected markers which also reduces complexity, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kojima (US 20210312661) and Ishizaki (US 20200311964 A1.
Claim 1
In regards to claim 1, Kojima discloses a mobile unit control system, comprising:
an image capturing device attached to a mobile unit, the image capturing device being configured to capture images of a marker disposed in a movement environment of the mobile unit {mobile unit (forklift) 1 shown in Fig. 2 to which is attached imaging capturing device 11 capturing images of markers 4 disposed in a movement environment as shown in Figs 1, 4, and 7}; and
processing circuitry {Figs. 2, 3 including processor 21 and positioning apparatus 11, [0058], [0061]},
wherein the image capturing device is a stereo camera unit {image capturing apparatus 11 may be a stereo camera in order to detect distance to the marker objects, [0159]},
and the processing circuitry is configured to
acquire image data from the image capturing device {Fig. 8, obtain captured images step S1, [0080]},
detect the marker from the image data {Fig. 8, absolute position calculator 34 extracts/detects the markers 4s which are disposed at known positions (Fig. 5), [0165], [0080], Fig. 11, [0097] image recognizer 33 detects marker 4 from image};
estimate a position of the mobile unit in the movement environment from a positional relationship between the mobile unit and the marker based on the marker {see [0080], [0165], Fig. 8 including (optional) correction process S4, output position of vehicle; Fig. 11 including S23 calculate position of image capturing apparatus as seen from marker, [0099]-[0106]}, and
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execute a control based on the estimated position {see [0163]-[0164], [0054]-[0061]},
wherein the stereo camera unit includes: a first camera; and a second camera {image capturing apparatus 11 may be a stereo camera with first and second cameras in order to detect distance to the marker objects, [0159]},
the image data includes:
a reference image obtained by the first camera device {Fig. 8, obtain captured images step S1, [0080]} and
derive a positional relationship between the image capturing device and the marker from the pixels capturing a target section of the marker {absolute position calculation may calculate a distance from the vehicle (camera) to the marker 4 based on the image data captured by stereo camera 11 and use that positional relationship (distance) to determine positional relationship between the image capturing device and the marker, [0159], [0173]}.
Although Kojima derives a positional relationship between the image capturing device and the marker from the pixels capturing a target section of the marker based on distance measured by a stereo camera, Kojima does not use highly conventional disparity calculations based on reference and comparison images to determine distance (disparity).
Ishizaki is a highly analogous reference from the same field of detecting positional relationships using captured images in order to control a mobile unit and otherwise execute control based on estimated positions. See Figs. 1, 2, abstract, [0001]-[0020].
Ishizaki also teaches the conventional nature of determining distance (disparity) using a stereo camera 31 having first and second cameras 32, 33, fig. 2, [0021]-[0025] gathering image data, wherein the image data includes:
a reference image obtained by the first camera device {[0025]} and
a comparison image obtained by the second camera {[0025]}, and
the processing circuitry is configured to
determine a disparity of pixels of a feature point of the reference image compared to pixels of the feature point of the comparison image
{Fig. 4, obtain disparity image S1 which includes disparity of pixels of features points of the reference and comparison images, [0030]-[0031]}, and
derive a positional relationship between the image capturing device and the object (marker) from the pixels capturing a target section of the object (marker) {Fig. 4, S2 object detection device 41 derives distance to the object and the coordinates of the feature points of the object in the camera coordinate system and then converted to world coordinate system, [0030]-[0038], Fig. 7, [0048]-[0055]}.
It 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 to have modified Kojima which already derives a positional relationship between the image capturing device and the marker from the pixels capturing a target section of the marker based on distance measured by a stereo camera, such that Kojima employs highly conventional disparity calculations (stereo matching) based on reference and comparison images to determine distance (disparity) as taught by Ishizaki and including wherein the captured images also include a comparison image obtained by the second camera, and the processing circuitry is configured to associate a disparity with pixels of the reference image as also taught by Ishizaki’s because doing so efficiently leverages the Kojima’s stereo camera to determine distance (disparity) to detected markers which also reduces complexity, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Claim 2
In regards to claim 2, Kojima discloses
wherein the marker defines an absolute position of the marker in the movement environment, and the processing circuitry is configured to acquire the absolute position from the marker {see Fig. 8 absolute position calculation process S3, output position of vehicle; Fig. 11 including S23 calculate position of image capturing apparatus as seen from marker, [0099]-[0106]}
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acquire a relative position of the mobile unit with respect to the marker {Fig. 8 including relative position calculation process S2, [0080], Fig. 9, [0087]-[0095]}, and
derive an absolute position of the mobile unit in the movement environment from the absolute position of the marker and the acquired relative position of the mobile unit {see Fig. 8 correction process S4, [0080]}, Figs. 14-15, [0107]-[0116]}.
Claim 3
In regards to claim 3, Kojima discloses
a storage unit, wherein the storage unit is configured to store map data representing the movement environment using coordinates in a map coordinate system {See Fig. 6 showing stored map data including ID identification of markers and their corresponding positions in a map (world) coordinate system, [0064]-[0066], [0111], [0165], [0175], [0192]}, and
the processing circuitry is configured to acquire coordinates in the map coordinate system as the absolute positions of the marker and the mobile unit {[0064]-[0066] for acquiring position of marker. As to absolute position of the mobile unit see Fig. 8 absolute position calculation process S3, output position of vehicle; Fig. 11 including S23 calculate position of image capturing apparatus as seen from marker, [0099]-[0106]}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Emanuel (US 20060184013 A1) discloses marker-based position determination using markers at known positions, fig. 7, detecting markers, decoding position of marker based on marker ID and determining relative position of marker in the image, Fig. 8
Munich (WO 2016085717 A1), discloses a stereo camera and identifying disparity between images to locate markers. See [0010]-[0020], [0103]-[0130].
THIS ACTION IS MADE FINAL. 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.
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/MICHAEL ROBERT CAMMARATA/Primary Examiner, Art Unit 2667
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