8669DETAILED 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 .
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.
Claim(s) [1, 5 -6, 8,-10, 14-15, 17 and 19-20] is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by Kim (US. 2022/0020122).
Reclaim [1], Kim discloses an image capture device (see fig. 6), comprising: an image sensor (see 310 fig. 1) configured to obtain a first long exposure image (see fig2. The long exposure image) and a pair of digitally overlapped (DOL) multi-exposure images (see Middle short exposure images as depicted in fig. 2), wherein the pair of DOL multi-exposure images includes a second long exposure image (middle exposure image as depicted in fig. 2, the middle exposure and the short exposure are equated to the claimed DOL multi exposure image by being overlapping exposure as depicted in fig. 2]) and a short exposure image (see fig. 2, short exposure image as depicted in fig. 2); a processor (400 fig. 6) configured to: obtain a first RGB image from the first long exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using along exposure image]); obtain a second RGB image from the second long exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using middle exposure image]); obtain a third RGB image from the short exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using short exposure image]); fuse the first RGB image, the second RGB image, and the third RGB image to obtain a fused image (see ¶0052, The image combiner 310 may generate a high dynamic range (HDR) image by combining a long exposure image, a middle exposure image and a short exposure image); and generate a low light high dynamic range (HDR) image from the fused image (see 0052, The image combiner 310 may generate a high dynamic range (HDR), [the generated high dynamic range image is equated to the claimed low light high dynamic range image since the claim language requires aa result of combined image to be a low light high dynamic range image]); and a memory configured to store the low light HDR image (see¶0109, The display 500 may display the image data outputted from the processor 400 or the memory 600 , [the buffer of 400 or in the memory 600]).
Reclaim [5] , Kim further discloses wherein the image sensor is configured to obtain the first long exposure image and the pair of DOL multi-exposure images sequentially (see fig. 2, the sequence and ¶0015, images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image).
Reclaim [6] , Kim further discloses , wherein the image sensor is configured to obtain the first long exposure image prior to the pair of DOL multi-exposure images (see fig.2, and ¶0053, the sequence long exposure then middle and short exposure).
Reclaim [8] Kim further discloses, wherein exposure durations for the pair of DOL multi-exposure images are determined based on statistics obtained for the first long exposure image (see fig. 2, it implies the middle exposure is based on the long exposure time in order to capture an image with different exposure in order to capture different feature of the scene).
Reclaim [9] Kim further discloses, wherein the image sensor is configured to obtain the short exposure image at a short exposure interval time after a delay from a start of the second long exposure image (see fig. 2, the timing s sequence, the short exposures are captured after the middle exposure).
Reclaim [10], except a few changes in wording has substantially same limitations as claim [1] above, and thus anyzed and rejected by the same reasoning.
Reclaim [14], except its dependency has subaerially same limitation as claim [5] above, and thus analyzed and rejected by the same reasoning
Reclaim [15], except its dependency has subaerially same limitation as claim [6] above, and thus analyzed and rejected by the same reasoning
Reclaim [17], except its dependency has subaerially same limitation as claim [8] above, and thus analyzed and rejected by the same reasoning.
Reclaim [19], Kim discloses A non-transitory computer-readable medium comprising instructions stored in a memory (see ¶0108, The memory 600 may store the program for controlling an operation of the image sensor 100 and the image data generated from the processor 400), that when executed by a processor (see ¶0108, The processor 400 may execute the program stored in the memory 600), cause the processor to: obtain a first long exposure image (see fig2. The long exposure image); obtain a pair of digitally overlapped (DOL) multi-exposure images (see Middle short exposure images as depicted in fig. 2), wherein the pair of DOL multi-exposure images includes a second long exposure image and a short exposure image (see middle exposure image as depicted in fig. 2, the middle exposure and the short exposure are equated to the claimed DOL multi exposure image by being overlapping exposure as depicted in fig. 2]), wherein exposure durations of the pair of DOL multi-exposure images are based on obtained statistics (see fig. 2 and ¶0092, [it is implied the duration of the middle short exposure is based on the duration of long exposure in order to capture a feature of a desired region]); obtain a first RGB image from the first long exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using along exposure image]); obtain a second RGB image from the second long exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using middle exposure image]); obtain a third RGB image from the short exposure image (see ¶0084, the image signal processor 400 may process a Bayer pattern such that the image data is displayed in a display, [using short exposure image]); fuse the first RGB image, the second RGB image, and the third RGB image to obtain a fused image (see ¶0052, The image combiner 310 may generate a high dynamic range (HDR) image by combining a long exposure image, a middle exposure image and a short exposure image); and generate a low light high dynamic range (HDR) image from the fused image (see 0052, The image combiner 310 may generate a high dynamic range (HDR), [the generated high dynamic range image is equated to the claimed low light high dynamic range image since the claim language requires aa result of combined image to be a low light high dynamic range image]) ; and store the low light HDR image (see¶0109, The display 500 may display the image data outputted from the processor 400 or the memory 600 , in the buffer of 400 or in the memory 600]) .
Reclaim [20] Kim further discloses, wherein the processor is configured to: obtain the first long exposure image and the pair of DOL multi-exposure images sequentially ((see fig. 2, the sequence and ¶0015, images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image)).
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) [ 2-4, 11-13, 7, 16 and 18] is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US. 2022/0020122).
Reclaim [2], Kim discloses capturing images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image (see ¶0015 and fig. 2) However Kim doesn’t seem to explicitly discloses, wherein an exposure duration of the first long exposure image is at least 1 second. Nonetheless it would have been obvious to one of ordinary skill in the art to have been motivated to modify Kim before the effective filling date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior at, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Reclaim [3], Kim discloses capturing images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image (see ¶0015 and fig. 2) . However Kim doesn’t seem to explicitly discloses, wherein an exposure duration of the second long exposure image is at least 100 milliseconds. Nonetheless it would have been obvious to one of ordinary skill in the art to have been motivated to modify Kim before the effective filling date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior at, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Reclaim [4], Kim discloses capturing images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image (see ¶0015) However Kim doesn’t seem to explicitly discloses, , wherein an exposure duration of the short exposure image is at least 50 milliseconds.. Nonetheless it would have been obvious to one of ordinary skill in the art to have been motivated to modify Kim before the effective filling date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior at, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Reclaim [11], except its dependency has subaerially same limitation as claim [2] above, and thus analyzed and rejected by the same reasoning.
Reclaim [12], except its dependency has subaerially same limitation as claim [3] above, and thus analyzed and rejected by the same reasoning
Reclaim [13], except its dependency has subaerially same limitation as claim [4] above, and thus analyzed and rejected by the same reasoning
Reclaim [7], Kim discloses capturing images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image (see ¶0015 and fig. 2). However Kim don’t seem to explicitly discloses wherein the image sensor is configured to obtain the pair of DOL multi-exposure images prior to the first long exposure image. Nonetheless it would have been obvious to one of ordinary skill in the art to haven motivated to modify Kim before the effective filling date of the claimed invention in order to capture multiple exposure image in a desired order since it only requires a common knowledge of one of ordinary skill in the art.
Reclaim [16], except its dependency has subaerially same limitation as claim [7] above, and thus analyzed and rejected by the same reasoning
Reclaim [18} Kim discloses capturing images having different exposure times may include a long exposure image, a middle exposure image and a short exposure image (see ¶0015 and fig. 2). However Kim doesn’t seem to explicitly disclose, wherein a difference between an exposure of the second long exposure image and an exposure of the short exposure image is less than two stops. Nonetheless it would have been obvious to one of ordinary skill in the art to have been motivated to modify Kim before the effective filling date of the claimed invention, since it has been held that where the general conditions of a claim are disclosed in the prior at, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shmunk (US. Pat. No. 8, 699, 814) discloses: This invention deals with photographic images, in particular, taking pictures with the help of sensors and an electronic shutter. It can be used for taking pictures in low light conditions and when there is no high-aperture optics. In col. 1 lines 13-16.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
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/AHMED A BERHAN/Primary Examiner, Art Unit 2639