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 .
DETAILED ACTION
This communication is responsive to the Amendment filed on 12/16/2025.
In the Instant Amendment, Claim(s) 5, 8, 10-13 and 17-18 has/have been amended; Claim(s) 1-4, 9 and 16 was/were cancelled; Claim(s) 1 and 12 is/are independent claims. Claims 5-8, 10-15 and 17-18 have been examined and are pending in this application.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Regarding claim 5, the Applicant is arguing in the remarks (pages 6-8) that “Paragraph [0071] of Chen merely discloses that, in some cases, a single threshold may be used instead of two thresholds, with the single threshold being set by the DSP 72, and being used to determine an operation mode of a night vision device. Applicant respectfully asserts that paragraph [0071] of Chen, and the remainder of Chen, are completely silent with regards to, and therefore fail to disclose that a present threshold with which an illuminance value is compared is preset according to a type of the mobility. Therefore, Applicant respectfully asserts that Zadracvec and Chen fail to disclose the above-recited features of amended independent claim 5.”
The Examiner respectfully disagrees with the Applicant. The Examiner respectfully submits that Chen does teach the feature “wherein the preset threshold value is preset according to a type of the mobility” (para. 0071) because the feature does not clearly provide what the type of the mobility is and the specification is also silent on how the preset threshold value is preset according to a type of the mobility. There is no example of any types or what they are. For these reasons, the preset threshold value can be any preset values according to any type of the mobility or anything else. Chen teaches “the single threshold being set by the DSP 72” (para. 0071). The threshold is a light type threshold to identify two types of light: visible and infrared. Thus, the DSP 72 sets the threshold according to a light type of the mobility. Thus, the Examiner respectfully submits that the combination of Zadracvec and Chen does teach the features as claimed in claim 5 and also claim 12 for the same reasons.
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 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) 5-8 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadracvec (US 20010028450 A1) in view of Chen (US 20220137389 A1).
Regarding claim 5, Zadracvec teaches A system for acquiring an image for a mobility, the system comprising:
an image acquisition apparatus (Fig. 2; para. 0016) comprising:
a lens (1) configured to pass an optical signal (Fig. 2);
an optical amplifier (low-light-level amplifier 5) configured to receive and amplify the optical signal (Fig. 2);
a sensor (sensor 13’) configured to acquire an image signal included in the optical signal (Fig. 2; abstract; para. 0008); and
a plurality of reflectors (mirrors 2, 8) configured to change a path of the optical signal passing through the lens; wherein:
but fails to teach
an illuminance sensor configured to detect an illuminance value of an internal environment of the mobility or an external environment of the mobility;
a controller configured to: receive the illuminance value from the illuminance sensor; compare the illuminance value with a preset threshold value, wherein the preset threshold value is preset according to a type of the mobility; generate a first control signal in response to the illuminance value being greater than or equal to the preset threshold value, and generate a second control signal in response to the illuminance value being less than the preset threshold value; and wherein, in a case in which the image acquisition apparatus receives the first control signal from the controller, [daytime mode]; and wherein, in a case in which the image acquisition apparatus receives the second control signal from the controller, [night-vision mode].
However, in the same field of endeavor Chen teaches
an illuminance sensor (ambient light sensor 45) configured to detect an illuminance value of an internal environment of the mobility or an external environment of the mobility (para. 0073);
a controller (DSP 72) configured to: receive the illuminance value from the illuminance sensor, compare the illuminance value with a preset threshold value, wherein the preset threshold value is preset according to a type of the mobility (para. 0071); generate a first control signal in response to the illuminance value being greater than or equal to the preset threshold value; and generate a second control signal in response to the illuminance value being less than the preset threshold value; and wherein, in a case in which the image acquisition apparatus receives the first control signal from the controller, [daytime mode]; and wherein, in a case in which the image acquisition apparatus receives the second control signal from the controller, [night-vision mode] (Fig. 6; paras. 0072-0079).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Chen in Zadracvec to have an illuminance sensor configured to detect an illuminance value of an internal environment of the mobility or an external environment of the mobility; a controller configured to: receive the illuminance value from the illuminance sensor; compare the illuminance value with a preset threshold value, wherein the preset threshold value is preset according to a type of the mobility; generate a first control signal in response to the illuminance value being greater than or equal to the preset threshold value; and generate a second control signal in response to the illuminance value being less than the preset threshold value; and wherein, in a case in which the image acquisition apparatus receives the first control signal from the controller, [daytime mode]; and wherein, in a case in which the image acquisition apparatus receives the second control signal from the controller, [night-vision mode] for enabling an automatic switching configuration allowing optimized mode switching between daytime and night-vision modes improving functionalities of the device yielding a predicted result.
Regarding claims 6-7, the combination of Zadracvec and Chen teaches everything as claimed in claim 5. In addition, Chen teaches
Claim 6: the system of claim 5, wherein the image acquisition apparatus further comprises a filter configured to filter out the optical signal passing through the lens (para. 0059-0060).
Claim 7: the system of claim 6, wherein the filter is configured to filter out the optical signal in the daytime image acquisition mode (para. 0059-0060).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Chen in the combination to have features of claims 6-7 for providing a filter configuration for enhancing the image quality of the image generated by the image sensor during daytime yielding a predicted result.
Regarding claim 8, the combination of Zadracvec and Chen teaches everything as claimed in claim 5. In addition, Zadracvec teaches wherein the plurality of reflectors comprises an even number of the reflectors (Fig. 2; mirrors 2, 8).
Regarding claim 12, claim 12 reciting features corresponding to claim 5 is also rejected for the same reason above.
Regarding claim 13, the combination of Zadracvec and Chen teaches everything as claimed in claim 12. In addition, the combination of Zadracvec and Chen teaches further comprising:
generating, by the controller, a second control signal in response to the illuminance value being less than the preset threshold value; transmitting the second control signal to the image acquisition apparatus (Chen: Figs. 1, 6; paras. 0072-0079); and
operating, by the image acquisition apparatus, in a night image acquisition mode in response to receiving the second control signal (Chen: Figs. 1, 6; paras. 0072-0079), wherein operating in the night image acquisition mode comprises the image acquisition apparatus controlling the plurality of reflectors such that the optical signal that passes through the lens passes through the optical amplifier before being transmitted to the sensor (Zadracvec: Fig. 2; para. 0016).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Chen in the combination for enabling the automatic switching configuration allowing optimized mode switching between daytime and night-vision modes improving functionalities of the device yielding a predicted result.
Regarding claims 14-15, claims 14-15 reciting features corresponding to claims 6-7 are also rejected for the same reasons above.
Claim(s) 10-11 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadracvec (US 20010028450 A1) in view of Chen (US 20220137389 A1) as applied to claim 5, and further in view of Alakarhu et al (US 20230336847 A1) or Kim et al (US 20150310093 A1).
Regarding claim 10, the combination of Zadracvec and Chen teaches everything as claimed in claim 5, but fails to teach
wherein the image acquisition apparatus further comprises an image signal processor configured to: process the image signal acquired by the sensor to obtain a processed image signal; and transmit the processed image signal to the controller.
However, in the same field of endeavor Alakarhu teaches
wherein the image acquisition apparatus further comprises an image signal processor (ISP 170) configured to process the image signal acquired by the sensor (116) to obtain a processed image signal; and transmit the processed image signal to the controller (130) (Alakarhu: Fig. 1; para. 0063).
However, in the same field of endeavor Kim teaches
wherein the image acquisition apparatus further comprises an image signal processor (ISP of camera 291) configured to: process the image signal acquired by the sensor (of camera 291) to obtain a processed image signal; and transmit the processed image signal to the controller (210) (Fig. 2; para. 0075).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Alakarhu/Kim in the combination to have wherein the image acquisition apparatus further comprises an image signal processor configured to: process the image signal acquired by the sensor to obtain a processed image signal; and transmit the processed image signal to the controller for optimizing processing and controlling of the system yielding a predicted result.
Regarding claim 11, the combination of Zadracvec, Chen and Alakarhu/Kim teaches everything as claimed in claim 10. In addition, Alakarhu/Kim teaches wherein the controller is further configured to transmit the processed image signal to a corresponding apparatus (Alakarhu: Fig. 1; para. 0063; Kim: Fig. 2; para. 0075).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Alakarhu/Kim in the combination to have wherein the controller is further configured to transmit the processed image signal to a corresponding apparatus for optimizing processing and controlling of the system yielding a predicted result.
Regarding claims 17-18, claims 17-18 reciting features corresponding to claims 10-11 are also rejected for the same reasons above.
Alternative Rejections
+ Claims 5 and 12 are rejected as presented above, or in the alternative, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have “wherein the preset threshold value is preset according to a type of the mobility”, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
+ Claims 5 and 12 are rejected as presented above, or in the alternative, Quan et al (CN-113468970-A) teaches “wherein the preset threshold value is preset according to a type of the mobility” (page 5, lines 44-52; page 6, lines 21-41; the thresholds to switch between night mode and daytime mode are obtained by calibration; calibration can be for any purposes; e.g. for a type of the mobility, calibration can be performed). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to have wherein the preset threshold value is preset according to a type of the mobility for optimizing the threshold value for optimizing the mode switching yielding a predicted result.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637