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 .
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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted by the applicant and listed below have been considered and are included in the file.
01 April 2024
03 June 2024
23 July 2024
Specification
The spacing of the lines of the specification is such as to make reading difficult. New application papers with lines 1 1/2 or double spaced (see 37 CFR 1.52(b)(2)) on good quality paper are required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 8, 10 and 13 are objected to because of the following informalities:
Claim 8, line 8 includes “propagating from the object”, however this should read “propagating from the at least one object” to match the prior introduction of at least one object.
Claim 8, line 8 includes “wherein the sensor element”, however this should read “wherein the at least one sensor element” to match the prior limitations.
Claim 10, line 1 reads “The detector according to the claim 9…” (emphasis added).
Claim 13 has numerous issues with antecedent basis, but all instances are understandable to refer to the same components which are introduced in claim 8, where claim 13 is directed to a method of use of the detector of claim 8. A non-exhaustive list of these informalities is:
Line 4 should read “with the at least one illumination pattern…”.
Line 8 should read “having the matrix…”.
Line 12 should read “comprising the plurality of reflection features”.
Line 13 should read “comprises the beam profile”.
Line 14 should read “using the at least one evaluation device”.
Line 15 should read “with the at least one illumination pattern”.
Line 19 should read “determining the refined longitudinal coordinate”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 7, line 3 refers to “…switching off and on emitters for generating the marker.” Based on this verbiage, it is unclear if the control unit is only intended to switch the marker emitter(s) on and off, or is intended to switch all emitters on and off where all emitters form the marker. Both of these interpretations do not align with the Broadest Reasonable Interpretation (BRI) based on claim 4 (which claim 7 depends on) and the specification, so for examination purposes this will be interpreted to read “at least one control unit configured for switching off and on the plurality of emitters, wherein the plurality of emitters includes the at least one marker emitter which generates the marker, and each of the other emitters generates at least one of the illumination features.”
Claim 9 recites the limitation "the reference image" in line 6. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, this will be interpreted to read “at least one displacement region in a reference image corresponding to the longitudinal area”.
Claim 10 recites the limitation "one of the reference features" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, this will be interpreted to read “with respectively one of at least one reference feature within the displacement region”.
Claim 12 recites the limitation "the longitudinal coordinate" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 8 introduces “a refined longitudinal coordinate”, but it is unclear if claim 12 is relying on the refined longitudinal coordinate or a different longitudinal coordinate. For examination purposes, this will be interpreted to utilize a relationship between a longitudinal coordinate and the combined signal Q, as it is interpreted to be similar to claim 11 where the “refined” (enhanced accuracy, as described in the specification) longitudinal coordinate is found from additional information.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, claim 14 claims a process but fails to outline a specific step or steps of how to utilize the detector, as claim 14 merely recites a list of varied uses for the detector according to claim 8 without including any active, positive defining steps (see MPEP 2173.05(q)).
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Qiao et al. (hereinafter Qiao, US 20210167580 A1).
Regarding claim 1, Qiao anticipates a projector for illuminating at least one object with at least one illumination pattern ([0079] - [0085]; Figs. 10A-10F, where an array of VCSELs (10) acts to emit far field patterns of illumination (620, 640)),
wherein the illumination pattern comprises a plurality of illumination features,
wherein the illumination pattern further comprises at least one marker (Figs. 14A-14C, wherein the output illumination patterns include various arrangements of features (832, 852) which may include various patterns of intensity or zero intensity, change in polarization or shape).
Regarding claim 2, Qiao anticipates the projector according to claim 1, wherein
the illumination pattern comprises a grid of illumination features,
wherein the marker is at least one element selected from the group consisting of: a hole, a pattern of holes, an additional illumination feature, a pattern of additional illumination features, a local deviation of periodicity of the grid, and a local deviation of wavelength ([0100] - [0102]; Figs. 14A-14C, where the array of VCSELs has an emission pattern which may include patterns configured by different areas, where areas may enclose a non-emission (zero intensity from VCSEL) area which acts as a hole or pattern of holes, and the pattern includes various arrangements of illumination spots (858)).
Regarding claim 3, Qiao anticipates the projector according to claim 1, wherein
the projector comprises a plurality of emitters ([0008], [0080] - [0085]; Figs. 10A-10F indicate various arrays of VCSEL emitters).
Regarding claim 4, Qiao anticipates the projector according to claim 3, wherein
at least one of the emitters is a marker emitter configured for generating the marker, wherein each of the other emitters is configured for generating at least one of the illumination features ([0100] - [0102]; Figs. 14A-14C, where the array of VCSELs has an emission pattern which may include patterns configured by different areas, where areas may enclose a non-emission (zero intensity from VCSEL) area).
Regarding claim 5, Qiao anticipates the projector according to claim 1, wherein
the projector comprises at least one mask configured for generating the marker ([0011], [0077], [0108]; where the array with gratings may act to modify emissions to provide for far-field control and/or perform as a polarization, angle, mode or wavelength selective reflector for the VCSELs).
Regarding claim 6, Qiao anticipates the projector according to claim 1, wherein
the projector comprises at least one optical element configured for adjusting the wavelength of at least one of the emitters thereby generating the marker
and/or wherein at least one of the emitters is configured for emitting in a different wavelength in comparison to the other emitters thereby generating the marker ([0011], [0077], [0108]; where the array with gratings may act to modify emissions to provide for far-field control and/or perform as a polarization, angle, mode or wavelength selective reflector for the VCSELs).
Regarding claim 7, Qiao anticipates the projector according to claim 4, wherein
the projector comprises at least one control unit configured for switching off and on emitters for generating the marker ([0049], [0150]; where single VCSELs such as those with differing intensities, or groupings of VCSELs, are electronically controlled to emit).
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.
Claim(s) 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao et al. (hereinafter Qiao, US 20210167580 A1) in view of Bonsignore et al. (hereinafter Bonsignore, WO 2020169727 A1).
Regarding claim 8, Qiao teaches the at least one projector according to claim 1, but does not teach a detector for determining a position of at least one object.
Bonsignore teaches a detector for determining a position of at least one object, the detector comprising a projector for emitting light into an environment which consists of an illumination pattern,
at least one sensor element having a matrix of optical sensors, the optical sensors each having a light-sensitive area (Pg. 60 line 15 - pg. 61, line 33; Fig. 1, where detector (110) has an array (116) of sensors (118) with light sensitive areas),
wherein each optical sensor is designed to generate at least one sensor signal in response to an illumination of its respective light-sensitive area by a reflection light beam propagating from the object to the detector, wherein the sensor element is configured to determine at least one reflection image comprising a plurality of reflection features, wherein each of the reflection features comprises a beam profile (pg. 66 lines 1-15; where the sensor generates a signal from detecting reflected light based on a reflected beam profile);
and at least one evaluation device configured for determining a distance information of the reflection features by analysis of their respective beam profiles (pg. 67 lines 4-27; where an evaluation device determines distance to the object by analyzing the beam profiles),
wherein the analysis of a beam profile comprises evaluating a combined signal Q from the respective sensor signals, wherein the evaluation device is configured for determining a refined longitudinal coordinate using triangulation (pg. 67 lines 4-27, pg. 76, lines 1-31; where the system determines a combined signal and finds a longitudinal coordinate via triangulation).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Qiao to incorporate the teachings of Bonsignore to utilize the emitter system of Qiao in a detector as taught by Bonsignore with a reasonable expectation of success. Qiao specifically teaches an emitter array for use in time-of-flight (TOF) or 3-D sensing systems, and Bonsignore teaches use of a similar array of emitters, with an optical element, for use of illuminating an object in an environment, and therefore this would be a simple substitution of two emitter arrays with predictable results to one of ordinary skill in the art as the emitter array which includes a marker as taught by Qiao would readily be integrated into the detector as taught by Bonsignore, where the analysis of the distance information would be compatible with the light emission patterns of Qiao.
Regarding claims 9 and 10, Qiao as modified above teaches the detector according to claim 8, but does not teach specifics of how the detector determines the position of the at least one object.
Bonsignore teaches a detector for determining a position of at least one object, the detector comprising a projector for emitting light into an environment which consists of an illumination pattern, and an evaluation device, wherein
the evaluation device is configured for determining, for each reflection feature, a longitudinal region of the reflection feature (pg. 76 lines 1-31) , wherein the longitudinal region is given by the distance information of the reflection feature determined from the combined signal Q and an error interval ±ε (pg. 76, line 33 - pg. 77 line 13),
wherein the evaluation device is configured for determining at least one displacement region in the reference image corresponding to the longitudinal region (pg. 76, line 33 - pg. 77 line 13),
wherein the evaluation device is configured for matching respectively one of the reflection features with respectively one of the reference features within the displacement region by using the marker (pg. 33 line 37 - pg. 34 line 8, pg. 74 lines 28-35; where reflection features are matched to reference features within the displacement region, and where the features may be related to the illumination pattern which may include a hexagon pattern, for example, wherein the hexagon pattern could act as a marker within the illumination pattern).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Qiao to incorporate the teachings of Bonsignore to utilize the emitter system of Qiao in a detector as taught by Bonsignore, where distance information is determined by identifying regions in which reflection features occur, and the marker as created by the emitter array is used to match the reflection features to reference features with a reasonable expectation of success. Qiao specifically teaches an emitter array for use in time-of-flight (TOF) or 3-D sensing systems, and Bonsignore teaches use of a similar array of emitters, with an optical element, for use of illuminating an object in an environment, and therefore this would be a simple substitution of two emitter arrays with predictable results to one of ordinary skill in the art as the emitter array which includes a marker as taught by Qiao would readily be integrated into the detector as taught by Bonsignore, where the analysis of the distance information would be compatible with the light emission patterns of Qiao.
Regarding claim 11, Qiao as modified above teaches the detector according to claim 8, but does not teach specifics of how the detector determines the position of the at least one object.
Bonsignore teaches a detector for determining a position of at least one object, the detector comprising a projector for emitting light into an environment which consists of an illumination pattern, and an evaluation device, wherein
the evaluation device is configured for determining a displacement of a matched reference feature and reflection feature, wherein the displacement is a difference between a position in a reference image to a position in the reflection image,
wherein the evaluation device is configured for determining the refined longitudinal coordinate using a predetermined relationship between a longitudinal coordinate and the displacement (pg. 34, lines 10-42, where a displacement of matched reference features and reflection features is used to find the refined longitudinal coordinate).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Qiao to incorporate the teachings of Bonsignore to utilize the emitter system of Qiao in a detector as taught by Bonsignore, where distance information is determined by identifying a refined longitudinal coordinate by using displacements between a reference feature and a reflection feature with a reasonable expectation of success. Qiao specifically teaches an emitter array for use in time-of-flight (TOF) or 3-D sensing systems, and Bonsignore teaches use of a similar array of emitters, with an optical element, for use of illuminating an object in an environment, and therefore this would be a simple substitution of two emitter arrays with predictable results to one of ordinary skill in the art as the emitter array which includes a marker as taught by Qiao would readily be integrated into the detector as taught by Bonsignore, where the analysis of the distance information would be compatible with the light emission patterns of Qiao.
Regarding claim 12, Qiao as modified above teaches the detector according to claim 8, but does not teach specifics of how the detector determines the position of the at least one object.
Bonsignore teaches a detector for determining a position of at least one object, the detector comprising a projector for emitting light into an environment which consists of an illumination pattern, and an evaluation device, wherein
the evaluation device is configured for deriving the combined signal Q by one or more of dividing the sensor signals, dividing multiples of the sensor signals, dividing linear combinations of the sensor signals, wherein the evaluation device is configured for using at least one predetermined relationship between the combined signal Q and the longitudinal coordinate for determining the distance information (pg. 67 lines 4-27, where a predetermined relationship between the combined signal and a longitudinal coordinate are used to determine distance) .
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Qiao to incorporate the teachings of Bonsignore to utilize the emitter system of Qiao in a detector as taught by Bonsignore, where distance information is determined by identifying a predetermined relationship between a combined signal and a longitudinal coordinate with a reasonable expectation of success. Qiao specifically teaches an emitter array for use in time-of-flight (TOF) or 3-D sensing systems, and Bonsignore teaches use of a similar array of emitters, with an optical element, for use of illuminating an object in an environment, and therefore this would be a simple substitution of two emitter arrays with predictable results to one of ordinary skill in the art as the emitter array which includes a marker as taught by Qiao would readily be integrated into the detector as taught by Bonsignore, where the analysis of the distance information would be compatible with the light emission patterns of Qiao.
Regarding claim 13, Qiao as modified above teaches the detector according to claim 8, and thus teaches a method for determining a position of at least one object using at least one detector according to claim 8. Therefore, claim 13 is similarly rejected to claim 8.
Regarding claim 14, Qiao as modified above teaches A method of using the detector according to claim 8, the method comprising using the detector for a purpose selected from the group consisting of a position measurement in traffic technology; an entertainment application; a security application; a surveillance application; a safety application; a human-machine interface application; a logistics application; a tracking application; an outdoor application; a mobile application; a communication application; a photography application; a machine vision application; a robotics application; a quality control application; a manufacturing application, and an automotive application ([0035], where the detector is intended for use in time-of-flight (TOF) or 3D sensing systems which are utilized in a variety of applications such as object tracking, environmental scanning, photography and vehicle/driving control).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Kawaike et al. (US 20030235331 A1) teaches a three-dimensional monitoring apparatus which uses patterned projected light emitted towards objects, and where images are compared to reference images captured without objects.
Ebrahimi Afrouzi et al. (US 20190035099 A1) teaches a method and apparatus for combining perceived depths to construct a floor plan, where structured light may be emitted by the system, where depth images are collected and distances are determined by comparison of images, and reference images.
Raz et al. (US 20170234679 A1) teaches an apparatus for 3D scanning with structured light emission, where differing groups of emitters which form the pattern may have changes in intensity or spacings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at (571) 270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.R./Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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