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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim(s) 1, 6-7, and 9-10 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 and 12-15 of copending Application No. 18751395 (reference application) (US20250008238). Although the claims at issue are not identical, they are not patentably distinct from each other because both the claimed invention of instant application ‘283 and the reference application ‘395 are directed to a photoelectric conversion device, a plurality of pixels which each comprise a sensor unit and a counter and a memory, one or more memories, one or more processors, recognition processing, an image signal, an accumulation period, output/display of results, control an operation of a movable apparatus, a control method, and a non-transitory computer-readable medium, and the claimed invention of the reference application ‘395 is narrower in scope in comparison to the claimed invention of the instant application ‘283.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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(s) 1-2 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikedo US20190191120 in view of Kurane US20070222877.
Regarding independent claim 1, Ikedo discloses, in Figures 1-3 and 20-22,
A photoelectric conversion apparatus (Ikedo; Fig. 1-3 and 20-22) comprising: a plurality of pixels (Ikedo; Fig. 2; pixel area 200; [0044] pixel area 200 with unit pixels 201 and avalanche photodiodes), each provided with a sensor unit configured to generate pulses corresponding to photons (Ikedo; Fig. 3; [0050] light receiving unit 301 with avalanche photodiode PD 303),
a counter (Ikedo; Fig. 3; [0054] counter circuit 306 of counter unit 302) that counts the number of pulses, and
a memory (Ikedo; Fig. 3; [0055] pixel memory 307 for counter circuit 306) that stores a count value of the counter; and
one or more memories (Ikedo; [0146] non-transitory CRM) storing instructions; and
one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) executing the instructions to:
perform processing (Ikedo; [0037] “signal processing”; [0041] signal processing unit 101) on an image signal generated based on the difference (Ikedo; [0121] the difference is determined by the counter circuit 306 when “reset to 0” after each divided exposure period) in the count value of the counter at a start time (Ikedo; Fig. 22; start time at t702) and an end time (Ikedo; Fig. 22; end time at t703) of an accumulation period (Ikedo; Fig. 22; exposure period T); and
output the results (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”).
Ikedo is silent regarding perform recognition processing on an image signal; and output the results of the recognition processing.
Kurane teaches perform recognition processing (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the processing as taught by Ikedo to comprise recognition processing as taught by Kurane for the purpose of estimating the target/object shape, determining whether the target/object is a potential hazard, and outputting an alarm signal when a potential hazard has been recognized based on the target/object’s shape.
Regarding claim 2, Modified Ikedo teaches the invention substantially the same as described above, and The photoelectric conversion apparatus according to claim 1, wherein the one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104), during a full-frame period (Ikedo; Fig. 22; exposure period T) which has a first accumulation period (Ikedo; Fig. 22; exposure period T1 alone) and a second accumulation period (Ikedo; Fig. 22; the combination of exposure periods T1, T2, T3, and T4) output a signal (Ikedo; [0121] PLAT signal) generated during the first accumulation period between the end of the first accumulation period and the end of the second accumulation period, wherein the first accumulation period being shorter than the second accumulation period (Ikedo; Fig. 22).
Regarding claim 4, Modified Ikedo teaches the invention substantially the same as described above, and The photoelectric conversion apparatus according to claim 1, wherein the one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) also output (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”) the image signal with the results of the recognition processing, in a case where an object is recognized from the image signal (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
Regarding claim 5, Modified Ikedo teaches the invention substantially the same as described above, and The photoelectric conversion apparatus according to claim 1, wherein the sensor unit includes an avalanche photodiode (Ikedo; Fig. 3; [0050] light receiving unit 301 with avalanche photodiode PD 303).
Regarding independent claim 6, Modified Ikedo teaches the invention substantially the same as described above in reference to independent claim 1, and
A photoelectric conversion apparatus (Ikedo; Fig. 1-3 and 20-22) comprising: a plurality of pixels (Ikedo; Fig. 2; pixel area 200; [0044] pixel area 200 with unit pixels 201 and avalanche photodiodes), each provided with a sensor unit configured to generate pulses corresponding to photons (Ikedo; Fig. 3; [0050] light receiving unit 301 with avalanche photodiode PD 303),
a counter (Ikedo; Fig. 3; [0054] counter circuit 306 of counter unit 302) that counts the number of pulses, and
a memory (Ikedo; Fig. 3; [0055] pixel memory 307 for counter circuit 306) that stores a count value of the counter; and
one or more memories (Ikedo; [0146] non-transitory CRM) storing instructions; and
one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) executing the instructions to:
perform processing (Ikedo; [0037] “signal processing”; [0041] signal processing unit 101) on an image signal generated based on the difference (Ikedo; [0121] the difference is determined by the counter circuit 306 when “reset to 0” after each divided exposure period) in the count value of the counter at a start time (Ikedo; Fig. 22; start time at t702) and an end time (Ikedo; Fig. 22; end time at t703) of an accumulation period (Ikedo; Fig. 22; exposure period T); and
output the results (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”).
Ikedo is silent regarding perform recognition processing on an image signal; and output the results of the recognition processing.
Kurane teaches perform recognition processing (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the processing as taught by Ikedo to comprise recognition processing as taught by Kurane for the purpose of estimating the target/object shape, determining whether the target/object is a potential hazard, and outputting an alarm signal when a potential hazard has been recognized based on the target/object’s shape.
Modified Ikedo as described above, is silent regarding A movable apparatus; and control an operation of the movable apparatus.
Kurane teaches A movable apparatus (Kurane; [0062] “vehicle”); and control an operation of the movable apparatus (Kurane; [0023] “the control object may be a braking system, a steering system, a driving system (an engine or a motor), or an alarm system”; [0063] “perform a high-speed control to the control object”; [0006] provide high-speed control to “avoid any possible accident”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the apparatus as taught by Modified Ikedo to comprise a movable apparatus/vehicle and to control operation of the vehicle as taught by Kurane for the purpose of providing a user with mobile/vehicular transportation means while avoiding vehicular accidents/collisions (Kurane; [0023] “the control object may be a braking system, a steering system, a driving system (an engine or a motor), or an alarm system”; [0063] “perform a high-speed control to the control object”; [0006] provide high-speed control to “avoid any possible accident”).
Regarding claim 7, Modified Ikedo teaches the invention substantially the same as described above, and The movable apparatus according to claim 6, wherein the one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) perform control of the movable apparatus (Kurane; [0023] “the control object may be a braking system, a steering system, a driving system (an engine or a motor), or an alarm system”; [0063] “perform a high-speed control to the control object”; [0006] provide high-speed control to “avoid any possible accident”) based on the recognition results (Kurane; [0062-0063]) (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
Regarding claim 8, Modified Ikedo teaches the invention substantially the same as described above, and The movable apparatus according to claim 6, the one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) display the results of the recognition processing (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”).
Regarding independent claim 9, Modified Ikedo teaches the invention substantially the same as described above in reference to independent claim 1, and
A control method of a photoelectric conversion apparatus (Ikedo; Fig. 1-3 and 20-22) comprising
A photoelectric conversion apparatus (Ikedo; Fig. 1-3 and 20-22) comprising: a plurality of pixels (Ikedo; Fig. 2; pixel area 200; [0044] pixel area 200 with unit pixels 201 and avalanche photodiodes), each provided with a sensor unit configured to generate pulses corresponding to photons (Ikedo; Fig. 3; [0050] light receiving unit 301 with avalanche photodiode PD 303),
a counter (Ikedo; Fig. 3; [0054] counter circuit 306 of counter unit 302) that counts the number of pulses, and
a memory (Ikedo; Fig. 3; [0055] pixel memory 307 for counter circuit 306) that stores a count value of the counter; and
one or more memories (Ikedo; [0146] non-transitory CRM) storing instructions; and
one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) executing the instructions to:
perform processing (Ikedo; [0037] “signal processing”; [0041] signal processing unit 101) on an image signal generated based on the difference (Ikedo; [0121] the difference is determined by the counter circuit 306 when “reset to 0” after each divided exposure period) in the count value of the counter at a start time (Ikedo; Fig. 22; start time at t702) and an end time (Ikedo; Fig. 22; end time at t703) of an accumulation period (Ikedo; Fig. 22; exposure period T); and
output the results (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”).
Ikedo is silent regarding perform recognition processing on an image signal; and output the results of the recognition processing.
Kurane teaches perform recognition processing (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the processing as taught by Ikedo to comprise recognition processing as taught by Kurane for the purpose of estimating the target/object shape, determining whether the target/object is a potential hazard, and outputting an alarm signal when a potential hazard has been recognized based on the target/object’s shape.
Regarding independent claim 10, Modified Ikedo teaches the invention substantially the same as described above in reference to independent claim 1, and
A non-transitory computer-readable storage medium (Ikedo; [0146] non-transitory CRM) configured to store a computer program for controlling
A photoelectric conversion apparatus (Ikedo; Fig. 1-3 and 20-22) comprising: a plurality of pixels (Ikedo; Fig. 2; pixel area 200; [0044] pixel area 200 with unit pixels 201 and avalanche photodiodes), each provided with a sensor unit configured to generate pulses at a frequency corresponding to the frequency at which photons are incident (Ikedo; Fig. 3; [0050] light receiving unit 301 with avalanche photodiode PD 303),
a counter (Ikedo; Fig. 3; [0054] counter circuit 306 of counter unit 302) that counts the number of pulses, and
a memory (Ikedo; Fig. 3; [0055] pixel memory 307 for counter circuit 306) that stores a count value of the counter; and
one or more memories (Ikedo; [0146] non-transitory CRM) storing instructions; and
one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) executing the instructions to:
perform processing (Ikedo; [0037] “signal processing”; [0041] signal processing unit 101) on an image signal generated based on the difference (Ikedo; [0121] the difference is determined by the counter circuit 306 when “reset to 0” after each divided exposure period) in the count value of the counter at a start time (Ikedo; Fig. 22; start time at t702) and an end time (Ikedo; Fig. 22; end time at t703) of an accumulation period (Ikedo; Fig. 22; exposure period T); and
output the results (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”).
Ikedo is silent regarding perform recognition processing on an image signal; and output the results of the recognition processing.
Kurane teaches perform recognition processing (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the processing as taught by Ikedo to comprise recognition processing as taught by Kurane for the purpose of estimating the target/object shape, determining whether the target/object is a potential hazard, and outputting an alarm signal when a potential hazard has been recognized based on the target/object’s shape.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ikedo in view of Kurane as applied to claim 1 above, and further in view of Maheriya US9792501.
Regarding claim 3, Modified Ikedo teaches the invention substantially the same as described above, and The photoelectric conversion apparatus according to claim 1, wherein the one or more processors (Ikedo; Fig. 1; [0041] control/arithmetic unit 104) to output the results (Ikedo; Fig. 1; display unit 106; [0042] “displays various information and captured images”) of the recognition processing according to whether a subject has been recognized (Kurane; Fig. 11; target object detection unit 86; [0146] “target detection unit 86 detects the target object”, “Then, it is determined, from the estimated shape, whether the size of the target object reaches a predetermined threshold value, a first approach alarm signal is generated when the size of the target object is equal to or greater than the threshold value, and the first approach alarm signal is output to the system controller 2a.”).
Modified Ikedo is silent regarding wherein the one or more processors switch whether or not to output the results of the recognition processing according to whether or not a subject has been recognized.
Maheriya teaches wherein the one or more processors switch whether or not to output the results of the recognition processing according to whether or not a subject has been recognized (Maheriya; col. 5:66-67 to col. 6:1-13 deciding what to output/display based on subject/object recognition for the purpose of avoiding trivial information overload from subjects that have not been recognized as being important and are instead deemed to be trivial subjects).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the output decision-making process as taught by Modified Ikedo to include switching whether or not to output the results of the recognition processing according to whether or not a subject has been recognized as taught by Maheriya for the purpose of avoiding trivial information overload from subjects that have not been recognized as being important and are instead deemed to be trivial subjects (Maheriya; col. 5:66-67 to col. 6:1-13 deciding what to output/display based on subject/object recognition for the purpose of avoiding trivial information overload from subjects that have not been recognized as being important and are instead deemed to be trivial subjects).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kimura US20250008238 teaches a photoelectric conversion device.
Kurane US20090147120 teaches an image sensor.
Kwan US20100147951 teaches an image capture device for reducing motion blur.
Sato US20200304745 teaches an image capturing device with a counter.
Schoeberl DE102011002824 teaches an image sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MALIKASIM whose telephone number is (313)446-6597. The examiner can normally be reached M-F; 8 am - 5 pm (CST).
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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.
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/JONATHAN MALIKASIM/ Primary Examiner, Art Unit 3645 8/4/26
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