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 .
Response to Arguments
Applicant's arguments filed on 04/07/2026, with respect to claim 1, have been fully considered but they are not persuasive.
Regarding independent claim 1, the applicant argues: “Kim describes that the intensity of light that has propagated through the predetermined color filter is compared with the predetermined threshold. However, Kim does not describe that a first threshold and second threshold different from the first threshold are set for a first type of light and a second type of light, respectively”, on page 9, paragraph 2 of the remarks.
In response to applicant’s argument, the examiner respectfully disagrees. Kim teaches two different thresholds for two different types of light. Specifically, Kim discloses comparing an intensity of light that has propagated through a predetermined color filter to a predetermined threshold in paragraph [0081], and comparing the intensity of light that has propagated through the IR filter to a predetermined threshold. It is understood that the predetermined threshold for comparing visible light and the predetermined threshold for comparing infrared light are different thresholds.
Therefore, Finateu in view of Kim teaches setting different event-detection thresholds for different types of light passed through respective optical filters, as recited in amended claim 1.
For the reason stated above, the rejection of claim 1 is maintained.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,081,881 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-11 are obvious variants and encompassed by claims 1-12 of U.S. U.S. Patent No. 12,081,881 B2, as shown in the table below.
Instant Application
U.S. Patent No. 12,081,881 B2
1. A sensor, comprising:
a plurality of optical filters configured to pass a plurality of types of light;
a plurality of pixels configured to:
receive the plurality of types of light; and
perform, based on the received plurality of types of light, photoelectric conversion to generate a plurality of electric signals; and
circuitry configured to:
detect, as an event, a change in the plurality of electric signals;
adjust, for each type of light of the plurality of types of light, a gain of the event; and
set, for the detection of the event, different thresholds for the plurality of types of light, wherein
the different thresholds comprise a first threshold for a first type of light in the plurality of types of light and a second threshold for a second type of light in the plurality of types of light, and
the first threshold for the first type of light is different from the second threshold for the second type of light.
1. A sensor, comprising:
pixels configured to:
receive light; and
perform photoelectric conversion based on the received light to generate electric signals; and
circuitry configured to:
detect an event that is a change in the electric signals of the pixels, wherein the electric signals correspond to a photocurrent of the pixels;
convert the photocurrent of the pixels into a voltage corresponding to the photocurrent;
detect, as the event, a change in the voltage that exceeds a specific threshold;
adjust, for each of the pixels, a gain of the event; and
switch, based on the adjustment of the gain of the event, a circuit configuration between a first configuration in which transistors form a cascade connection and a second configuration in which the transistors do not form the cascade connection.
2. The sensor according to claim 1, further comprising:
optical filters configured to pass specific light, wherein
the pixels are further configured to receive the specific light that passes through the optical filters, and
the circuitry is further configured to adjust, for each type of the specific light transmitted by the optical filters, the gain of the event.
3. The sensor according to claim 2, wherein the circuitry is further configured to set, for each type of the specific light received by the pixels, the specific threshold for the detection of the event.
2. The sensor according to claim 1, wherein the plurality of optical filters includes a plurality of color filters.
4. The sensor according to claim 3, wherein the optical filters include color filters.
3. The sensor according to claim 2, wherein the different thresholds further comprise:
a third threshold, and
a fourth threshold different from the third threshold, and the circuity is further configured to:
set the third threshold for a first color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters; and
set the fourth threshold for a second color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters.
5. The sensor according to claim 4, wherein the circuitry is further configured to set the specific threshold for each color of the specific light received by the pixels and transmitted by the color filters.
4. The sensor according to claim 1, wherein the plurality of optical filters includes a plurality of polarizing filters.
6. The sensor according to claim 3, wherein the optical filters include polarizing filters.
5. The sensor according to claim 4, wherein
the different thresholds further comprise:
a fifth threshold, and
a sixth threshold different from the fifth threshold, and
the circuitry is further configured to set the different threshold for a polarization direction of each of the plurality of types of light received by the plurality of pixels and passed through the plurality of polarizing filters.
7. The sensor according to claim 6, wherein the circuitry is further configured to set the specific threshold for each polarization direction of the specific light received by the pixels and transmitted by the polarizing filters.
6. The sensor according to claim 1, wherein the circuitry is further configured to:
convert a photocurrent of the plurality of pixels into a voltage corresponding to the photocurrent;
detect, as the event, a change in the voltage that exceeds a specific threshold; and
switch a circuit configuration between a first configuration in which a plurality of transistors forms a cascade connection and a second configuration in which the plurality of transistors does not form the cascade connection.
1. A sensor, comprising:
pixels configured to:
receive light; and
perform photoelectric conversion based on the received light to generate electric signals; and
circuitry configured to:
detect an event that is a change in the electric signals of the pixels, wherein the electric signals correspond to a photocurrent of the pixels;
convert the photocurrent of the pixels into a voltage corresponding to the photocurrent;
detect, as the event, a change in the voltage that exceeds a specific threshold;
adjust, for each of the pixels, a gain of the event; and
switch, based on the adjustment of the gain of the event, a circuit configuration between a first configuration in which transistors form a cascade connection and a second configuration in which the transistors do not form the cascade connection.
7. The sensor according to claim 1, wherein
the circuitry includes a first capacity and a second capacity, and
the circuitry is further configured to:
determine a difference signal corresponding to a difference between voltages at different timings of a voltage corresponding to a photocurrent of the plurality of pixels; and
change a capacity ratio of the first capacity and the second capacity, based on the determined difference signal.
8. The sensor according to claim 1, wherein the circuitry is further configured to:
include a first capacity and a second capacity;
determine a difference signal corresponding to a difference between voltages at different timings of the voltage corresponding to the photocurrent of the pixels; and
change a capacity ratio of the first capacity and the second capacity based on the determined difference signal.
8. The sensor according to claim 1, wherein the circuitry is further configured to perform a coarse adjustment to coarsely adjust the gain of the event, and perform a fine adjustment to finely adjust the gain of the event.
9. The sensor according to claim 1, wherein the circuitry is further configured to perform a coarse adjustment to coarsely adjust the gain of the event and a fine adjustment to finely adjust the gain of the event.
9. The sensor according to claim 8, wherein
the circuitry includes a first capacity and a second capacity, and
the circuitry is further configured to:
determine a difference signal corresponding to a difference between voltages at different timings of a voltage corresponding to a photocurrent of the plurality of pixels;
set the specific threshold;
compare the difference signal and the specific threshold to detect the event;
change a capacity ratio of the first capacity and the second capacity;
perform the coarse adjustment based on at least one of
a switch of the circuit configuration between a first configuration in which transistors form a cascade connection and a second configuration in which the transistors do not form the cascade connection, or
the change in the capacity ratio; and
perform the fine adjustment based on the specific threshold.
1. A sensor, comprising:
pixels configured to:
receive light; and
perform photoelectric conversion based on the received light to generate electric signals; and
circuitry configured to:
detect an event that is a change in the electric signals of the pixels, wherein the electric signals correspond to a photocurrent of the pixels;
convert the photocurrent of the pixels into a voltage corresponding to the photocurrent;
detect, as the event, a change in the voltage that exceeds a specific threshold;
adjust, for each of the pixels, a gain of the event; and
switch, based on the adjustment of the gain of the event, a circuit configuration between a first configuration in which transistors form a cascade connection and a second configuration in which the transistors do not form the cascade connection.
10. The sensor according to claim 9, wherein the circuitry is further configured to:
include a first capacity and a second capacity;
determine a difference signal corresponding to a difference between voltages at different timings of the voltage corresponding to the photocurrent of the pixels;
compare the difference signal and the specific threshold to detect the event;
change a capacity ratio of the first capacity and the second capacity;
set the specific threshold;
perform the coarse adjustment based on one or both the switch of the circuit configuration and the change in the capacity ratio; and
perform the fine adjustment based on the set specific threshold.
10. The sensor according to claim 1, wherein
the plurality of optical filters includes a plurality of color filters, and
the circuitry is further configured to adjust, for a color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters, the gain of the event based on an environment for capture of an image of a subject.
11. The sensor according to claim 2, wherein
the optical filters include color filters, and
the circuitry is further configured to adjust, for each color of the specific light received by the pixels and transmitted by the color filters, the gain of the event based on an environment for imaging a subject.
11. The sensor according to claim 1, wherein the circuitry is further configured to generate, as a pixel signal, a signal of a voltage corresponding to a photocurrent of the plurality of pixels in which the event is detected.
12. The sensor according to claim 1, wherein the circuitry is further configured to generate, as a pixel signal, a signal of the voltage corresponding to the photocurrent of the pixels in which the event is detected.
Although the claims have been amended to expressly recite different thresholds for different types of light, colors, or polarization directions, the patented claims already recite an event sensor configured to adjust event gain and set event-detection thresholds for each type of light transmitted through optical filters, including color filters and polarizing filters. Therefore, the express recitation that thresholds are different is an obvious variant of the patented subject matter.
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 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finateu et al. (US 2019/0273884 A1) in view of Kim et al. (US 2016/0187196 A1).
As to claim 1, Finateu et al. discloses a sensor ([0070]: vision sensor), comprising:
a plurality of pixels (Fig.1: photo-sensing device 2) configured to:
receive light; and perform, based on the received plurality of types of light, photoelectric conversion to generate a plurality of electric signals ([0071]: photo-sensing device 2 detects the intensity of the light and generates a signal representing the light intensity); and
circuitry (Fig.1: logic module 41, voltage amplifier 3, hysteresis comparing module 4, feedback control module 5 and logarithmic converter 21) configured to:
detect, as an event, a change in the plurality of electric signals ([0090]: “The logic module 41 further generates at least one event signal ev+, ev− representing that an event has occurred, i.e. that the intensity of the light at the pixel circuit 1 has changed by a given relative amount”);
adjust, for each type of light of the plurality of types of light, a gain of the event ([0014-0017]: the voltage amplifier 3 amplifies the signal representing the detected light intensity and generates an amplified signal, the amplified signal being generated by taking into account a control signal from the feedback control module 5; the hysteresis compares module 4 compares the amplified signal to at least one threshold value and to a reference value, and generates at least one output signal based on the comparison; the feedback control module 5 generates the control signal of the voltage amplifier based on said at least one output signal generated by the hysteresis comparing module 4. Thus, the voltage amplifier, the hysteresis comparing module and the feedback control module operate in such a way to modify the amplified signal. Fig.4; [0081]: “Variations on control signal VqDC shift the high gain region A along the X-axis in order to track the signal Vph at the input of the amplifier module 3”).
Finateu et al. fails to disclose a plurality of optical filters configured to pass a plurality of types of light;
set, for the detection of the event, different thresholds for the plurality of types of light, wherein
the different thresholds comprise a first threshold for a first type of light in the plurality of types of light and a second threshold for a second type of light in the plurality of types of light, and
the first threshold for the first type of light is different from the second threshold for the second type of light.
However, Kim et al. teaches a plurality of optical filters configured to pass a plurality of types of light (Figs.1 and 2: filtering module 110. [0027]: “The plurality of filters may be configured to filter light incident to the sensing module 120”);
set, for the detection of the event, different thresholds for the plurality of types of light, wherein the different thresholds comprise a first threshold for a first type of light in the plurality of types of light ([0081]: “…comparing an intensity of light that has propagated through a predetermined color filter to a predetermined threshold.”) and a second threshold for a second type of light in the plurality of types of light ([0083]: “…comparing the intensity of light that has propagated through the IR filter to a predetermined threshold”), and
the first threshold for the first type of light is different from the second threshold for the second type of light (it is understood that the predetermined threshold for comparing visible light and the predetermined threshold for comparing infrared light are different thresholds).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Finateu et al. with the teaching of Kim et al. to have a plurality of optical filters configured to pass a plurality of types of light; set, for the detection of the event, different thresholds for the plurality of types of light, wherein the different thresholds comprise a first threshold for a first type of light in the plurality of types of light and a second threshold for a second type of light in the plurality of types of light, and the first threshold for the first type of light is different from the second threshold for the second type of light, so as to accurately detect occurrence of an event based on different characteristics of different colors of light.
As to claim 2, Finateu et al. in view of Kim et al. discloses the sensor according to claim 1, wherein the plurality of optical filters includes a plurality of color filters (Kim et al.: [0028]: the plurality of filters may include a color filter).
As to claim 10, Finateu et al. in view of Kim et al. discloses the sensor according to claim 1, wherein
the plurality of optical filters includes a plurality of color filters (Kim et al.: [0028]: the plurality of filters may include a color filter), and
the circuitry is further configured to adjust, for a color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters, the gain of the event based on an environment for capture of an image of a subject (Kim et al. teaches comparing the intensity of light that propagated through a predetermined color filter to a predetermined threshold. In Finateu et al., the gain adjustment is determined by the comparison result. Therefore, in the combination of Finateu et al. and Kim et al., the gain adjustment mechanism would adjust the gain for each color of light correspondingly. Please note that light is part of the environment).
As to claim 11, Finateu et al. in view of Kim et al. discloses the sensor according to claim 1, wherein the circuitry is further configured to generate, as a pixel signal, a signal of a voltage corresponding to a photocurrent of the plurality of pixels in which the event is detected (Finateu et al.: [0072-74]: the photodiode 20 generates a current based on the detected light intensity; the logarithmic converter 21 converts the current into the voltage signal V-ph representing the detected light intensity).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finateu et al. (US 2019/0273884 A1) in view of Kim et al. (US 2016/0187196 A1) as applied to claim 2 above, and further in view of Cote et al. (US 2012/0044372 A1).
As to claim 3, Finateu et al. in view of Kim et al. discloses the sensor according to claim 2. The above combination fails to disclose the different thresholds further comprise: a third threshold, and a fourth threshold different from the third threshold, and the circuity is further configured to: set the third threshold for a first color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters; and set the fourth threshold for a second color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filter.
However, Cote et al. teaches a third threshold, and a fourth threshold different from the third threshold, and the circuity is further configured to: set the third threshold for a first color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters; and set the fourth threshold for a second color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filter (Cote et al.: [0284-0285]: a different fixed threshold component and a different dynamic threshold component may be provided for each color component).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Finateu et al. and Kim et al. with the teaching of Cote et al. to set a third threshold, and a fourth threshold different from the third threshold, and the circuity is further configured to: set the third threshold for a first color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filters; and set the fourth threshold for a second color of the each type of light of the plurality of types of light received by the plurality of pixels and passed through the plurality of color filter, so as to account for different signal or noise characteristics of different color-filter channels, thereby improving event detection accuracy.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finateu et al. (US 2019/0273884 A1) in view of Kim et al. (US 2016/0187196 A1) as applied to claim 1 above, and further in view of Sambongi et al. (US 2016/0163752 A1).
As to claim 4, Finateu et al. in view of Kim et al. discloses the sensor according to claim 1, but fails to disclose the plurality of optical filters includes a plurality of polarizing filters.
However, Sambongi et al. teaches the plurality of optical filters includes polarizing filters (Figs.1 and 2: polarizing filter 4).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Finateu et al. and Kim et al. with the teaching of Sambongi et al. such that the plurality of optical filters includes polarizing filters, so as to reduce reflection and increase contrast.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finateu et al. (US 2019/0273884 A1) in view of Kim et al. (US 2016/0187196 A1) as applied to claim 1 above, and further in view of Masuyama et al. (US 2009/0310001 A1).
As to claim 8, Finateu et al. in view of Kim et al. discloses the sensor according to claim 1, but fails to disclose the circuitry is further configured to perform a coarse adjustment to coarsely adjust the gain of the event and a fine adjustment to finely adjust the gain of the event.
However, Masuyama et al. teaches gain adjustment mechanism performing a coarse adjustment to coarsely adjust the gain of the event and a fine adjustment to finely adjust the gain of the event ([0057]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed inventio to modify the combination of Finateu et al. and Kim et al. with the teaching of Masuyama et al. to perform a coarse adjustment to coarsely adjust the gain of the event and a fine adjustment to finely adjust the gain of the event, so as to optimize the gain adjustment result.
Allowable Subject Matter
Claims 5-7 and 9 would be allowable if the double patenting rejection set forth in this Office action is overcome and rewritten to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taamazyan et al. (US 2023/0154143 A1) discloses a polarized event camera system includes: an event camera having a field of view centered around an optical axis, the event camera including an image sensor including a plurality of pixels, each pixel of the event camera operating independently and asynchronously and being configured to generate change events based on changes in intensity of light received by the pixel; and a rotatable linear polarizer aligned with the optical axis of the event camera, the rotatable linear polarizer having a polarization axis, the polarization axis of the rotatable linear polarizer being rotatable about the optical axis of the event camera.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENZHEN WU whose telephone number is (571)272-2519. The examiner can normally be reached 8:30 am - 5:30 pm.
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/ZHENZHEN WU/Examiner, Art Unit 2637
/SINH TRAN/Supervisory Patent Examiner, Art Unit 2637