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 .
Specification
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "a pixel array unit, a distance measurement processing unit, a switching processing unit, a sensor unit, a color sensor unit, event-based vision sensor unit, a selection processing unit, a frequency determination processing unit, a light emission drive unit, a drive unit" in claims 1-6, 9-12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-3, 6-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Namba (US 20190383946 A1).
Regarding claim 1, Namba discloses a pixel array unit that performs a light receiving operation for time-of-flight distance measurement using a modulation frequency, “The light reception section 12 has an effective pixel section 30 and a dummy pixel section 40 and receives reflected light of the irradiated light emitted by the light emission section 11 and reflected from the target under control of the control section 53.” (Paragraph 0080) and “FIG. 26 is a flowchart describing a first light emission frequency Fmod change process.” (Paragraph 0038). Namba discloses a distance measurement processing unit that performs dual mode distance measurement that causes the pixel array unit to alternately perform a light receiving operation using a first frequency as the modulation frequency and a row receiving operation using a second frequency having a higher frequency than the first frequency as the modulation frequency, and single mode distance measurement that causes the pixel array unit to perform only a light receiving operation using a predetermined frequency as the modulation frequency, “For this reason, in the case where the light emission frequency Fmod of the light emission section 11 is increased from a low value to a high value in a step-by-step manner, one-bit fast distance measurement is performed when the light emission frequency Fmod is low value, and 10-bit high accuracy distance measurement is performed when the light emission frequency Fmod reaches a somewhat high value.” (Paragraph 0152) and “ One-bit fast distance measurement can be used for applications including detection of the existence of some kind of object halfway through a given distance and detection of saturation of the light reception section 12 due, for example, to external interference light.” (Paragraph 0112). Namba discloses a switching processing unit that switches the distance measurement in the dual mode and the distance measurement in the single mode according to a predetermined condition, “As illustrated in FIG. 16, the TOF sensor 10 performs 10-bit high accuracy distance measurement first. Then, in the case where motion blur exceeds a given threshold due to the movement of the target as illustration in FIG. 17A, the TOF sensor 10 next switches from 10-bit high accuracy distance measurement over to one-bit fast distance measurement as illustrated in FIG. 17B.” (Paragraph 0148).
Regarding claim 2, Namba discloses the distance measuring device according to claim 1, see claim 1 rejection. Namba discloses a sensor unit that performs sensing, wherein the predetermined condition is based on information obtained from the sensor unit, “In the case of distance measurement to a target, and in the case where the TOF sensor 10 detects the target at a given medium/long distance by starting from a given low value of the light emission frequency Fmod of the light emission section 11 (light flickering frequency), it is possible to measure the distance to the target with more accuracy by increasing the light emission frequency Fmod to a high value in a step-by-step manner.” (Paragraph 0151).
Regarding claim 3, Namba discloses the distance measuring device according to claim 2, see claim 2 rejection. Namba discloses that the sensor unit includes an inertial measurement device, “As illustrated in FIG. 16, the TOF sensor 10 performs 10-bit high accuracy distance measurement first. Then, in the case where motion blur exceeds a given threshold due to the movement of the target as illustration in FIG. 17A, the TOF sensor 10 next switches from 10-bit high accuracy distance measurement over to one-bit fast distance measurement as illustrated in FIG. 17B.” (Paragraph 0148), given motion blur is caused by the movement of the object and the senor is capable of detecting motion blur exceeding a certain threshold, and changing the measurement to one bit fast distance measurement based on that threshold, it can be assumed that inertial measurement is taking place. Namba discloses that the predetermined condition is a condition based on an output of the inertial measurement device, “As illustrated in FIG. 16, the TOF sensor 10 performs 10-bit high accuracy distance measurement first. Then, in the case where motion blur exceeds a given threshold due to the movement of the target as illustration in FIG. 17A, the TOF sensor 10 next switches from 10-bit high accuracy distance measurement over to one-bit fast distance measurement as illustrated in FIG. 17B.” (Paragraph 0148).
Regarding claim 6, Namba discloses the distance measuring device according to claim 2, see claim 2 rejection. Namba discloses that the sensor unit includes an event-based vision sensor unit, “As illustrated in FIG. 18, for example, the TOF sensor 10 and the Vision sensor 800 are mounted to the same vehicle (e.g., automobile), and the TOF sensor 10 is operated at 300 fps by performing one-bit AD conversion, and at the same time, the Vision sensor 800 is operated at 300 fps in synchronism with the TOF sensor 10, thus providing a video of an extremely high frame rate and an output image (e.g., image each of whose pixels has a pixel value representing whether or not an object is present up to a given distance) from the TOF sensor 10 that is synchronous with the video.” (Paragraph 0156). Namba discloses that the predetermined condition is a condition related to a view angle variation of the event-based vision sensor detected on a basis of an output from the event- based vision sensor, “In the case of distance measurement to a target, and in the case where the TOF sensor 10 detects the target at a given medium/long distance by starting from a given low value of the light emission frequency Fmod of the light emission section 11 (light flickering frequency), it is possible to measure the distance to the target with more accuracy by increasing the light emission frequency Fmod to a high value in a step-by-step manner.” (Paragraph 0151) and “As illustrated in FIG. 18, for example, the TOF sensor 10 and the Vision sensor 800 are mounted to the same vehicle (e.g., automobile), and the TOF sensor 10 is operated at 300 fps by performing one-bit AD conversion, and at the same time, the Vision sensor 800 is operated at 300 fps in synchronism with the TOF sensor 10, thus providing a video of an extremely high frame rate and an output image (e.g., image each of whose pixels has a pixel value representing whether or not an object is present up to a given distance) from the TOF sensor 10 that is synchronous with the video.” (Paragraph 0156).
Regarding claim 7, Namba discloses the distance measuring device according to claim 1, see claim 1 rejection. Namba discloses that depending on the circumstances either the lower or higher frequency can be used. “As illustrated in FIG. 16, the TOF sensor 10 performs 10-bit high accuracy distance measurement first. Then, in the case where motion blur exceeds a given threshold due to the movement of the target as illustration in FIG. 17A, the TOF sensor 10 next switches from 10-bit high accuracy distance measurement over to one-bit fast distance measurement as illustrated in FIG. 17B.” (Paragraph 0148).
Regarding claim 8, Namba discloses the distance measuring device according to claim 1, see claim 1 rejection. Namba discloses that depending on the circumstances either the lower or higher frequency can be used. “As illustrated in FIG. 16, the TOF sensor 10 performs 10-bit high accuracy distance measurement first. Then, in the case where motion blur exceeds a given threshold due to the movement of the target as illustration in FIG. 17A, the TOF sensor 10 next switches from 10-bit high accuracy distance measurement over to one-bit fast distance measurement as illustrated in FIG. 17B.” (Paragraph 0148).
Regarding claim 9, Namba discloses the distance measuring device according to claim 1, see claim 1 rejection. Namba discloses a selection processing unit that selects one of the first frequency and the second frequency as the predetermined frequency. “In step S23, the determination section 523 compares the difference calculated in step S21 and the difference calculated in step S22 and notifies the smaller of the two differences to the setting section 524. The setting section 524 controls the frequency hopping control section 501 of the control section 53 in accordance with the notice from the determination section 523. That is, in the case where the difference calculated in step S21 is smaller, the setting section 524 controls the frequency hopping control section 501 not to perform frequency hopping. In the case where the difference calculated in step S22 is smaller, the setting section 524 controls the frequency hopping control section 501 to perform frequency hopping.” (Paragraph 0260).
Regarding claim 10, Namba discloses the distance measuring device according to claim 1, see claim 1 rejection. Namba discloses a frequency determination processing unit that determines the predetermined frequency on a basis of a longest distance calculated in the distance measurement processing by the distance measurement processing unit, “In the case of distance measurement to a target, and in the case where the TOF sensor 10 detects the target at a given medium/long distance by starting from a given low value of the light emission frequency Fmod of the light emission section 11 (light flickering frequency), it is possible to measure the distance to the target with more accuracy by increasing the light emission frequency Fmod to a high value in a step-by-step manner” (Paragraph 0151).
Regarding claim 11, Namba discloses the distance measuring device according to claim 10, see claim 10 rejection. Namba discloses a light emitting unit used for time-of-flight distance measurement, “A TOF sensor 10 includes a light emission section 11 and a light reception section 12 and measures a distance to a target through a TOF scheme.” (Paragraph 0052). Namba discloses a light emission drive unit that drives the light emitting unit on a basis of the modulation frequency, “The light emission section 11 emits irradiated light, given modulated light such as pulsed light to be irradiated onto a target.
“ (Paragraph 0053). Namba discloses that the light emission drive unit determines the number of times of light emission of the light emitting unit in one distance measurement processing on a basis of the predetermined frequency, “The light emission section 11 includes, for example, an LED (Light Emitting Diode) and irradiates light that flickers in synchronism with a light emission frequency Fmod (including phase information) under control of the control section 53 in the direction where a target can exist.
“ (Paragraph 0079).
Regarding claim 12, Namba discloses a pixel array unit in which light receiving elements that perform a unit light receiving operation in time-of-flight distance measurement are two-dimensionally arrayed, “The effective pixel section 30 has a plurality of pixels 31, and the dummy pixel section 40 has a plurality of pixels 41” (Paragraph 0081) and Figure 4. Namba discloses a drive unit that performs, as driving of the pixel array unit, driving in a dual mode in which the light receiving element alternately performs the unit light receiving operation at a first frequency and the unit light receiving operation at a second frequency different from the first frequency, and driving in a single mode in which the light receiving element performs only the unit light receiving operation at a predetermined frequency, see claim 1 rejection.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Namba (US 20190383946 A1).
Regarding claim 4, Namba discloses the distance measuring device according to claim 3, see claim 3 rejection. Namba does not disclose the switching processing unit switches to the dual mode distance measurement in a case where an output of the inertial measurement device is equal to or greater than a threshold, and switches to the single mode distance measurement in a case where the output of the inertial measurement device is less than the threshold. However, Namba does disclose the dual mode and switching between measurement modes based on a inertial measurement device, as discussed in claim 1 and 3 rejections. It would be obvious to one of skill in the art before the filing date as the reference discloses all of the elements and combining them would lead to a reasonable expectation of success.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nambda (US 20190383946 A1).
Regarding claim 5, Namba discloses the distance measuring device according to claim 2, see claim 2 rejection. Namba discloses the predetermined condition is a condition related to a view angle variation of the sensor detected on a basis of an output from the sensor, “In the case of distance measurement to a target, and in the case where the TOF sensor 10 detects the target at a given medium/long distance by starting from a given low value of the light emission frequency Fmod of the light emission section 11 (light flickering frequency), it is possible to measure the distance to the target with more accuracy by increasing the light emission frequency Fmod to a high value in a step-by-step manner.” (Paragraph 0151). Namba does not disclose that the sensor unit includes a color sensor unit that generates a color image.
Skotheim discloses a color sensor unit that generates a color image, “Imaging unit for obtaining a three-dimensional image of an object area, comprising an image sensor constituted by a matrix of sensor elements and a focusing unit for providing an image of said object area on the image sensor, the matrix being covered by a color filter array, and a projection unit for projecting a predetermined pattern toward the object area, the focusing unit and the projection unit having optical axes differing with a known angle, wherein the projection unit is adapted to project a time sequence of patterns toward the object area, the pattern sequence being chosen so as to uniquely define a position along at least one axis perpendicular to the projection axis, over the period defined by the illumination, wherein each sensor element in said matrix is connected to a processing branch adapted to detect the variations in the illumination sequence measured at each sensor element, and calculating from the known angle between the projection and imaging axes, the position in the sensor matrix, and the illumination sequence detected at each sensor element, a three-dimensional coordinate of the imaged point on the surface of the object, and wherein the processing branch is adapted to sample at least one image of said image area and calculate a color image based on said color filter pattern for said at least one image.” (Claim 1).
Namba discloses the distance measuring device according to claim 2. Skotheim discloses a a color sensor unit that generates a color image. Skotheim teaches “This means that it is possible to analyze a time series of e.g. Gray code patterns or phase stepped sinusoidal patterns (including combinations of these pattern types) and determine pattern displacement, and hence 3D depth, by analyzing the raw CFA images directly, without the need for color information and hence CFA demosaicking. In other words, it is possible to use the information directly from each sensor element or pixel in a sensor matrix by analyzing the detected illumination variations on each sensor element in the sequence of projected patterns even if the effect of the color filter itself is unknown. This has several benefits, as will be described in the following paragraphs. The information captured directly from the sensor may be represented as an aforementioned raw CFA image containing only grey level information.” (Paragraph 0016). With this motivation one of skill in the art before the filing date could have applied what is disclosed by Skotheim to what is disclosed by Namba before the effective filing date as there would have been a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSH CHARLES GARDINER whose telephone number is (571)270-0634. The examiner can normally be reached 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSH CHARLES GARDINER/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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