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
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 08/29/24, 10/11/24, have been entered. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
3. The drawings filed on 08/29/24. These drawings are acceptable.
Double Patenting
4. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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5. Claims 1-24 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-26 of Hayshi et al (U.S. Patent No. 12,140,678). Hereafter, “Hayshi ‘678”.
As to claim 1, Hayshi ‘678 claims: a processing apparatus (claim 1, line 1) comprising:
a first processor (claim 1, line 2); and
a memory coupled to or built in the first processor (claim 1, line 3),
wherein the first processor (claim 1, line 4) is configured to:
perform control for performing an imaging operation by an imaging apparatus that images an imaging region, and a distance measurement operation in which a distance measurement device performs distance measurement by emitting light to the imaging region and receiving reflected light of the light from the imaging region (claim 1, lines 5-11),
acquire reflectivity information for specifying a reflectivity in the imaging region (claim 1, line 13), and
change irradiation energy of the light, according to the acquired reflectivity information (claim 1, lines 14-15) and imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene, in a state in which the imaging operation (claim 10, lines 3-6) and the distance measurement operation are being performed (claim 1, lines 16-17).
As to claim 2, Hayshi ‘678 claims: wherein the reflectivity information is information based on an imaging region image obtained by imaging the imaging region by the imaging apparatus (claim 2).
As to claim 3, Hayshi ‘678 claims: the information based on the imaging region image is an image recognition result obtained by performing image recognition on the imaging region image by a second processor (claim 3).
As to claim 4, Hayshi ‘678 claims: the first processor acquires the image recognition result based on a learning result obtained by machine learning with respect to a correspondence relationship between an image and a subject recognition result (claim 4).
As to claim 5, Hayshi ‘678 claims: the second processor performs the image recognition based on dictionary data in which an image showing an object having a reflectivity equal to or more than a reference reflectivity and an identifier capable of specifying the image showing the object are associated with each other (claim 5).
As to claim 6, Hayshi ‘678 claims: in a case in which the image recognition result acquired by the first processor is an image recognition result indicating that an image showing an object having a reflectivity equal to or more than a reference reflectivity is included in the imaging region image, the first processor makes the irradiation energy weaker than first reference irradiation energy (claim 6).
As to claim 7, Hayshi ‘678 claims: the object is a predetermined object, which is as a glossy object (claim 7).
As to claim 8, Hayshi ‘678 claims: the object is a predetermined object, which a white object (claim 8).
As to claim 9, Hayshi ‘678 claims: the predetermined object is a mirror-like object (claim 9).
As to claim 10, Hayshi ‘678 claims: the first processor performs control for generating auxiliary light as the light from a light source, and receiving auxiliary reflected light of the auxiliary light from the imaging region by a light-receiving element, and the reflectivity information is information based on a light reception result of the auxiliary reflected light received by the light-receiving element (claim 14).
As to claim 11, Hayshi ‘678 claims: the information based on the light reception result is information based on a light reception amount per unit time of the auxiliary reflected light received by the light-receiving element (claim 15).
As to claim 12, Hayshi ‘678 claims: in a case in which the reflectivity specified by the acquired reflectivity information is equal to or more than a threshold value, the first processor makes the irradiation energy weaker than second reference irradiation energy (claim 16).
As to claim 13, Hayshi ‘678 claims: the distance measurement device includes a TOF camera (claim 1, line 18).
As to claim 14, Hayshi ‘678 claims: the first processor displays a distance image generated by the TOF camera on a display (claim 17).
As to claim 15, Hayshi ‘678 claims: the TOF camera has a plurality of photoelectric conversion pixels (claim 1, lines 19-20), and the distance measurement is performed by using the reflected light received only by at least one photoelectric conversion pixel included in a designated region among the plurality of photoelectric conversion pixels (claim 1, lines 21-25).
As to claim 16, Hayshi ‘678 claims: the at least one photoelectric conversion pixel is a photoelectric conversion pixel at a position corresponding to a position of an image region designated in a screen in a state in which an imaging region image obtained by imaging the imaging region by the imaging apparatus is displayed (claim 1, lines 26-31).
As to claim 17, Hayshi ‘678 claims: the first processor changes the irradiation energy according to a timing of main exposure performed during the imaging operation (claim 18).
As to claim 18, Hayshi ‘678 claims: the imaging operation includes an imaging operation for a live view image in which the imaging apparatus images the imaging region for a live view image (claim 19).
As to claim 19, Hayshi ‘678 claims: the distance measurement operation is a distance measurement operation for focusing by the imaging apparatus (claim 20).
As to claim 20, Hayshi ‘678 claims: the imaging apparatus performs focusing on the imaging region based on a distance measurement result obtained by the distance measurement performed by the distance measurement operation for focusing (claim 21).
As to claim 21, Hayshi ‘678 claims: the light is a directional light beam (claim 22).
As to claim 22, Hayshi ‘678 claims: the processing apparatus according to claim 1; the imaging apparatus; and the distance measurement device (claim 23).
As to claim 23, Hayshi ‘678 claims: a processing method (claim 24, line 1) comprising:
performing control for performing an imaging operation by an imaging apparatus that images an imaging region, and a distance measurement operation in which a distance measurement device performs distance measurement by emitting light to the imaging region and receiving reflected light of the light from the imaging region (claim 24, lines 2-8);
acquiring reflectivity information for specifying a reflectivity in the imaging region (claim 24, lines 9-10); and
changing irradiation energy of the light, according to the acquired reflectivity information (claim 24, lines 11-12) and imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene (claim 10, lines 3-6), in a state in which the imaging operation and the distance measurement operation are being performed (claim 24, lines 12-14).
As to claim 24, Hayshi ‘678 claims: a non-transitory computer-readable storage medium storing a program executable by a computer to perform a process (claim 25, lines 1-3) comprising:
performing control for performing an imaging operation by an imaging apparatus that images an imaging region, and a distance measurement operation in which a distance measurement device performs distance measurement by emitting light to the imaging region and receiving reflected light of the light from the imaging region (claim 25, lines 4-10);
acquiring reflectivity information for specifying a reflectivity in the imaging region (claim 25, lines 11-12); and
changing irradiation energy of the light, according to the acquired reflectivity information (claim 25, lines 13-14) and imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene (claim 10, lines 3-6), in a state in which the imaging operation and the distance measurement operation are being performed (claim 25, lines 14-16).
Claim Rejections - 35 USC § 103
6. 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.
7. 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 of this title, 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.
8. Claim(s) 1-9, 17-18, 21-24, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama (Pub. No. 2002/0052711) in view of Yanai Kenichi et al. (JP 2016090268 A). Hereafter “Aoyama”, “Yanai” (Please see attached file for Yanai’s reference).
Regarding Claim(s) 1, 23, 24, Aoyama teaches a processing apparatus/method/medium (figure 1; [0002]) comprising:
a first processor (figure 1, the combination of control section 14 and image storing section 15 is not different from a processor); and
a memory coupled to or built in the first processor (figure 1, image storing section 15; [0023], lines 12-17),
wherein the first processor is configured to:
perform control for performing an imaging operation by an imaging apparatus that images an imaging region (abstract, lines 4-12; [0009], lines 2-10; Figures 2, 3), and a distance measurement operation in which a distance measurement device performs distance measurement by emitting light to the imaging region and receiving reflected light of the light from the imaging region ([0009-0010, 0012]);
acquire reflectivity information for specifying a reflectivity in the imaging region ([0027], lines 1-8; [0028]; Figure 6), and
changes irradiation energy of the light according to the acquired reflectivity information in a state in which the imaging operation and the distance measurement operation are being performed, (abstract; [0009]. Note: Changing the intensity is not different from changing irradiation energy).
However, Aoyama does not teach imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene. Yanai teaches imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene (page 4, lines 25-29; Page 10, lines 41-47). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama by having imaging scene indication information in order to implement inspection system more accurately (page 4, lines 25-41; Page 10, lines 41-50; Page 11, lines 1-11).
Regarding Claim(s) 2, Aoyama teaches the reflectivity information is information based on an imaging region image obtained by imaging the imaging region by the imaging apparatus ([0027], lines 1-8; [0028]; Figure 6).
Regarding Claim(s) 3, Aoyama teaches the information based on the imaging region image is an image recognition result obtained by performing image recognition on the imaging region image by a second processor ([0004], lines 4-7; Abstract, lines 4; [0022, 0023, 0033]. Computer imaging device or CCD camera is not different from a second processor).
Regarding Claim(s) 4, Aoyama teaches the first processor acquires the image recognition result based on a learning result obtained by machine learning with respect to a correspondence relationship between an image and a subject recognition result, ([0002, 0010], relationship between the light emission position and the image position is not different from relationship between an image and a subject recognition result, and the measurement based on the obtained image is not different from obtained by machine learning).
Regarding Claim(s) 5, Aoyama teaches the second processor performs the image recognition based on dictionary data in which an image showing an object having a reflectivity equal to or more than a reference reflectivity and an identifier capable of specifying the image showing the object are associated with each other, ([0027], lines 1-8; [0028]. Reflection at point 1 is not different from a reference reflectivity).
Regarding Claim(s) 6, Aoyama teaches the image recognition result acquired by the first processor is an image recognition result indicating that an image showing an object having a reflectivity equal to or more than a reference reflectivity is included in the imaging region image, the first processor makes the irradiation energy weaker than first reference irradiation energy ([0027]. Reflection at position 1 is not different from a reference reflectivity, the irradiation energy at points 2, 3 is weaker than first reference irradiation energy at point 1).
Regarding Claim(s) 7-9, Aoyama reference discloses the claimed invention except for glossy object, white object, mirror-like object. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify method or device of Aoyama reference with glossy object, white object, mirror-like object, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for intended use as a matter of obvious design choice. in re Leshin, 125 USPQ 416.
Regarding Claim(s) 17, Aoyama teaches the first processor changes the irradiation energy according to a timing of main exposure performed during the imaging operation, (Abstract, [0009-0010]).
Regarding Claim(s) 18, Aoyama teaches an imaging operation for a live view image in which the imaging apparatus images the imaging region for a live view image, (abstract; [0002, 0005, 0009-0010]. It is inherent that the image of the target during the time an image is being scanned is a live image).
Regarding Claim(s) 21, Aoyama teaches the light is a directional light beam, (figures 2, 3, 6).
Regarding Claim(s) 22, Aoyama teaches the imaging apparatus ([0004]); and the distance measurement device (figure 3).
9. Claim(s) 10-11, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama (Pub. No. 2002/0052711) in view of Yanai Kenichi et al. (JP 2016090268 A), and further in view of Otani et al. ((U.S. Pub. No. 2019/0007592). Hereafter “Aoyama”, “Yanai”, “Otani”, (Please see attached file for Yanai’s reference).
Regarding Claim(s) 10, Aoyama in view of Yanai disclose the claimed invention except for the first processor performs control for generating auxiliary light as the light from a light source, and receiving auxiliary reflected light of the auxiliary light from the imaging region by a light-receiving element, and the reflectivity information is information based on a light reception result of the auxiliary reflected light received by the light-receiving element. Aoyama teaches the reflectivity information is information based on a light reception result of the reflected light received by the light-receiving element, ([0012, 0028]). Otani teaches the first processor performs control for generating auxiliary light as the light from a light source, and receiving auxiliary reflected light of the auxiliary light from the imaging region by a light-receiving element, ([0073, 0089, 0162-0163, 0169]. The second light emission/exposure generated by controller 3 is not different from the auxiliary light). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama in view of Yanai by generating auxiliary light and receiving auxiliary reflected light of the auxiliary light from the imaging region in order to obtain distance image and luminance image efficiently, (Otani, [0003, 0073, 0089, 00163]).
Regarding Claim(s) 11, Aoyama in view of Yanai disclose the claimed invention except for the information based on the light reception result is information based on a light reception amount per unit time of the auxiliary reflected light received by the light-receiving element. Otani teaches the information based on the light reception result is information based on a light reception amount per unit time of the auxiliary reflected light received by the light-receiving element ([0073, 0089, 0169, 0179]. The second light emission/exposure generated by controller 3 is not different from the auxiliary light, and emission/exposure per period A0, A1, is not different from light reception amount per unit time). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama in view of Yanai by having information based on a light reception amount per unit time of the auxiliary reflected light in order to calculate the distance to the object efficiently, (Otani, [0073, 0089, 0169, 0179]).
10. Claim(s) 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama (Pub. No. 2002/0052711), in view of Yanai Kenichi et al. (JP 2016090268 A), further in view of Otani et al. ((U.S. Pub. No. 2019/0007592), and further in view of Saitou et al. (Pub. No. 2020/0025932 corresponds to WO 2018/180391). Hereafter “Aoyama”, “Yanai”, “Otani”, “Saitou”. (Please see attached file for Yanai’s reference).
Regarding Claim(s) 12, Aoyama in view of Yanai, further in view of Otani disclose the claimed invention except for reflectivity information is equal to or more than a threshold value. Saitou teaches reflectivity information is equal to or more than a threshold value (Saitou Pub. [0061, 0070]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama in view of Yanai, further in view of Otani by having reflectivity information is equal to or more than a threshold value in order to control an emission amount of lighting, (Saitou Pub. [0061, 0070]).
11. Claim(s) 13-15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama (Pub. No. 2002/0052711), in view of Yanai Kenichi et al. (JP 2016090268 A), further in view of Saitou et al. (Pub. No. 2020/0025932 corresponds to WO 2018/180391). Hereafter “Aoyama”, “Yanai”, “Saitou”. (Please see attached file for Yanai’s reference).
Regarding Claim(s) 13-15, Aoyama in view of Yanai disclose the claimed invention except for TOF camera, and a plurality of photoelectric conversion pixels, and the distance measurement is performed by using the reflected light received only by at least one photoelectric conversion pixel included in a designated region among the plurality of photoelectric conversion pixels. Saitou teaches TOF camera ([0002]), and a plurality of photoelectric conversion pixels, and the distance measurement is performed by using the reflected light received only by at least one photoelectric conversion pixel included in a designated region among the plurality of photoelectric conversion pixels ([0046, 0061]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama in view of Yanai by having TOF camera in order a time from emitting light from a light source to a measurement object until the light reflected from the measurement object to return efficiently, ([0002]).
12. Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoyama (Pub. No. 2002/0052711), in view of Yanai Kenichi et al. (JP 2016090268 A), further in view of Masuda et al. (2017/0045616). Hereafter “Aoyama”, “Yanai”, “Masuda”. (Please see attached file for Yanai’s reference).
Regarding Claim(s) 19-20, Aoyama in view of Yanai reference discloses the claimed invention except for the distance measurement performed by the distance measurement operation for focusing. Masuda teaches the distance measurement performed by the distance measurement operation for focusing, ([0010]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Aoyama in view of Yanai by having the distance measurement performed by the distance measurement operation for focusing in order to reduce wasteful imaging, ([0010]).
Allowable Subject Matter
13. Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if overcome the Claim Objection above.
14. The following is a statement of reasons for the indication of allowable subject matter: there was no prior art found by the examiner that suggested modification or combination with the cited art so as to satisfy the combination of all the limitations in claim 16.
15. As claim 16, the prior art of record taken alone or in combination, fails to disclose or render obvious a processing apparatus comprising to control for performing an imaging operation by an imaging apparatus that images an imaging region, and a distance measurement device performs distance measurement by emitting light to the imaging region and receiving reflected light of the light from the imaging region, acquires reflectivity information for specifying a reflectivity in the imaging region, and changes irradiation energy of the light according to the acquired reflectivity information and imaging scene indication information that is received by a reception device that is capable of receiving the imaging indication information that indicates an imaging scene, in a state in which the imaging operation and the distance measurement operation are being performed; wherein the TOF camera has a plurality of photoelectric conversion pixels, and the distance measurement is performed by using the reflected light received only by at least one photoelectric conversion pixel included in a designated region among the plurality of photoelectric conversion pixels, and photoelectric conversion pixel at a position corresponding to a position of an image region designated in a screen in a state in which an imaging region image obtained by imaging the imaging region by the imaging apparatus is displayed; in combination with the rest of the limitations of claims 1, 13, 15, 16.
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April 29, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877
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