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 .
Acknowledgements
Applicants’ arguments filed on 05/13/2026 are acknowledged. Claims 3 and 7 are canceled from consideration by applicants. Amended Claims 1, 2, 9, 12 and 16-18 are acknowledged by the examiner. Accordingly, claims 1-20 remain pending and have been examined.
Response to Arguments
Applicants’ arguments filed on 05/13/2026 have been fully considered but they are not persuasive.
As per claim 1, Applicant argues Boross does not teach or suggest “(i) a depth sensor captures the depth information, and (ii) that depth information is used to provide color information of an image. This differs from the pending claims, in which (in the "first mode,") a distance of an object is computed based on an electric signal that is generated based on the angle of arrival of the incident light.” (see remarks, page 2)."
The Examiner maintains that Boross teaches a method comprising: in a first mode (fig.1), determining depth information by (fig.1; Para.0035): detecting angle of arrival of incident light by modulating the incident light such that an amount of light reaching one or more positions within a first image sensor array is based on angle of arrival of the incident light (fig.1; Para.0062; image sensor 222); generating an electric signal based on an intensity of the light incident upon at least one photodetector of the image sensor array (fig.1; Para.0035; image sensor 222); and computing a distance to an object based at least in part on the generated electric signal; and in a second mode, determining depth information at least in part with a second image sensor (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boross et al. (US 2012/0050484 A1) hereinafter Boross.
Regarding Claim 1, Boross teaches a method comprising: in a first mode (fig.1), determining depth information by (fig.1; Para.0035): detecting angle of arrival of incident light by modulating the incident light such that an amount of light reaching one or more positions within a first image sensor array is based on angle of arrival of the incident light (fig.1; Para.0062; image sensor 222); generating an electric signal based on an intensity of the light incident upon at least one photodetector of the image sensor array (fig.1; Para.0035; image sensor 222); and computing a distance to an object based at least in part on the generated electric signal; and in a second mode, determining depth information at least in part with a second image sensor (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 2, Boross teaches the method of claim 1, wherein the method further comprises: estimating distance to the object (Para.0039; determine distance of the object).
Regarding Claim 3, Boross teaches the method of claim 1, wherein the method further comprises: selectively operating in the first mode when an estimated distance to the object is below a threshold amount (fig.3-4; para.0077-0079; determining distance of the object).
Regarding Claim 4, Boross teaches the method of claim 3, wherein: the threshold amount is five meters or less (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 5, Boross teaches the method of claim 1, wherein the method further comprises in a third mode, determining depth information (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 6, Boross teaches the method of claim 5, wherein: determining depth information in the third mode is based at least in part on a time of flight of IR light (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 7, Boross teaches the method of claim 1, wherein: in a first mode, determining depth information comprises using at least one angle-of-arrival to-intensity converter (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 8, Boross teaches the method of claim 1, wherein: in a second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 9, Boross teaches the method of claim 8, wherein: processing multiple images stereoscopically comprises using at least the first image sensor and a second image sensor (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 10, Boross teaches the method of claim 1, wherein: computing the distance to the object is based at least in part on computing a location of the object (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 11, Boross teaches the method of claim 10, wherein: computing the location of the object is based at least in part on computing a distance from a user (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 12, Boross teaches same reason as Claim 1.
Regarding Claim 13, Boross teaches the system of claim 12, wherein: the at least one processor is further configured to estimate a distance to an object (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 14, Boross teaches the system of claim 13, wherein: the at least one processor is further configured to selectively operate in the first mode when the estimated distance to the object is below a threshold amount (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 15, Boross teaches the system of claim 12, wherein: in the second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0066-0068; depth sensor 226; distance to an object from depth information from the depth sensor).
Regarding Claim 16, Boross teaches the system of claim 12, comprising a head-mounted display, wherein the first image sensor array and the second image sensor are mounted to the head-mounted display (Para.0043; display).
Regarding Claim 17, Boross teaches same reason as Claim 1.
Regarding Claim 18, Boross teaches the non-transitory computer-readable medium of claim 17, wherein the plurality of computer executable instructions are further configured to, when executed, cause the at least one processor to estimate distance to an object and selectively operate in the first mode or the second mode based on the estimated distance to the object (fig.3-4; depth information).
Regarding Claim 19, Boross teaches the non-transitory computer-readable medium of claim 17, wherein the plurality of computer executable instructions are further configured to, when executed, cause the at least one processor to: selectively operate in the first mode when the distance to the object is below a threshold amount (fig.1; Para.0072-0076; distance to the object).
Regarding Claim 20, Boross teaches the non-transitory computer-readable medium of claim 17, wherein: in the second mode, determining depth information comprises processing multiple images stereoscopically (fig.1; Para.0037-38).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAYEZ A BHUIYAN whose telephone number is (571)270-1562. The examiner can normally be reached 9:00 - 6:00 M-F.
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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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/FAYEZ A. BHUIYAN/
Examiner
Art Unit 2639
/LIN YE/Supervisory Patent Examiner, Art Unit 2638
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