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 Amendment
The amendments to Claims 1-8, in the submission filed 8/16/2024 are acknowledged and accepted.
The amendments to the Abstract and Specification are acknowledged and accepted.
Pending Claims are 1-10.
Drawings
The drawings with 2 Sheets of Figs. 1-2 received on 8/16/2024 are acknowledged and accepted.
Claim Objections
Claims 2,7,8, objected to because of the following informalities:
Claim 2 recites “simultaneous digital video frames at different exposure” in line 2. This is a grammatical error and it is suggested to be replaced with – simultaneous digital video frames at different exposures”.
Claim 7 recites “wherein said device further comprise a digital reticle” in line 2. This is a grammatical error and it is suggested to be replaced with –wherein said device further comprises a digital reticle”.
Claim 8 recites “A method of using the portable digital night vision device” in line 1. There is insufficient antecedent basis for this limitation. It is suggested to be replaced with -- A method of using a portable digital night vision device--.
Claim 8 recites “simultaneous digital video frames at different exposure” in line 4. This is a grammatical error and it is suggested to be replaced with – simultaneous digital video frames at different exposures”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4,9,10, rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 4 recites “wherein the first frame captures the details of the foreground image scene with longer exposure, and the second frame captures the details of the background image scene with shorter exposure.” Claim 9 recites “wherein the first frame captures the details of the foreground image scene with the longer exposure.”, Claim 10 recites “wherein the second frame captures details of the background image scene with the shorter exposure.” However, Specification recites contrary statements about length of exposure. On Page 2, para 2, specification recites “The first video frame is captured at the short exposure level to capture objects in the foreground image and the second video is captured at the longer exposure level to capture objects in the background image.” On page 2, para 3, and subsequent pages 3,4, the specification recites “wherein the first frame captures the details of the foreground image scene with the longer exposure. The second frame captures details of the background image scene with the shorter exposure.” On page 5, last para, specification recites “The first frame captures the details of the foreground image scene with the shorter exposure. The second frame captures details of the background image scene with the shorter exposure.” There is lack of clarity about the relationship of exposure durations and capturing the details of foreground or background images. For the purpose of examination, a first video frame at shorter exposure level to capture foreground image details and a second video frame at longer exposure levels to capture background image details are being used.
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.
Claims 9,10, as best understood, 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.
Claims 9,10 recite “The method according to claim 5”. However, claim 5 is not a method claim and is a device claim. It appears from the current specification (page 3, 1st para) that Applicant intended to make claims 9,10 depend on claim 8 which is a method claim. Hence, for the purposes of examination, claims 9,10 are interpreted to be dependent on claim 8.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-10, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qian et al (US 2021/0374922 A1).
Regarding Claim 1, Qian teaches (fig 1-5) a portable digital night vision device (imaging system 100, para 45, “at least part of the imaging system 100 may be implemented with an electronic device that needs to capture images or videos, for example, a digital camera, a video camera, a smartphone, a monitoring device”, para 45) with extended dynamic range (high dynamic range image, para 54) for capturing extended dynamic range video frames (“The image capture device 110 may be configured to capture images or videos. The images or videos may be two-dimensional (2D) or three-dimensional (3D)”, para 46), comprising:
objective lens (image capture device 110, para 46, comprises an objective lens “the image capture device 110 may include one or more lenses”, para 47),
an image sensor (“the image capture device 110 may include one or more lenses, a sensor”, para 47, CMOS, para 49)
an image processing unit (“the processing device 120 or a processor in the image capture device 110”, para 52)
an electronic display (“output devices may include a display device”, para 68, electronic device such as a smartphone has a display),
a battery (electronic device, para 45, comprises battery),
an eyepiece (night-vision equipment, para 46, comprises an eyepiece),
wherein the image processing unit (“the processing device 120 or a processor in the image capture device 110”, para 52) further comprises an extended dynamic range module (“the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54).
Regarding Claim 2, Qian teaches the portable digital night vision device according to claim 1,
wherein the image sensor (“the image capture device 110 may include one or more lenses, a sensor”, para 47, CMOS, para 49) is configured to capture at least two simultaneous digital video frames (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98) at different exposure (“The image obtaining module 410 may obtain a first image and a second image of a same scene”, para 76)
Regarding Claim 3, Qian teaches the portable digital night vision device according to claim1,
wherein the image processing unit (“the processing device 120 or a processor in the image capture device 110”, para 52) is configured to generate a first digital video frame at first exposure level, simultaneously generating a second digital video frame at second exposure level (“the first image may be captured by an image sensor of the image capture device 110 using a first exposure time. The second image may be captured by the image sensor of the image capture device 110 using a second exposure time that is shorter than the first exposure time”, para 76).
Regarding Claim 4, Qian teaches the portable digital night vision device according to claim1,
wherein the extended dynamic range module (“the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54) is configured to combine the first digital video frame and the second digital video frame (In 580, the processing device 120 (e.g., the combination module 460) may generate a third image by combining the first image and the second image”, para 135)
to obtain an extended dynamic range frame (“the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54) of the current scene wherein the first frame captures the details of the foreground image scene with longer exposure, and the second frame captures the details of the background image scene with shorter exposure (“the first image may be referred to as a long-exposure image, and the second image may be referred to as a short-exposure image. The first image may present details of the relatively dark region of the scene more clearly than the second image and may include overexposure in the relatively bright region of the scene, while the second image may present details of the relatively bright region of the scene more clearly than the first image and may include underexposure in the relatively dark region of the scene”, para 76, 101).
Regarding Claim 5, Qian teaches the portable digital night vision device according to claim 1,
wherein the electronic display (“output devices may include a display device”, para 68, electronic device such as a smartphone has a display) is configured to deliver at least one extended dynamic range digital video frame (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98, “the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54) (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98).
Regarding Claim 8, Qian teaches (fig 1-5) a method of using a portable digital night vision device (imaging system 100, para 45, “at least part of the imaging system 100 may be implemented with an electronic device that needs to capture images or videos, for example, a digital camera, a video camera, a smartphone, a monitoring device”, para 45) with extended dynamic range (high dynamic range image, para 54) for capturing extended dynamic range video frames (“The image capture device 110 may be configured to capture images or videos. The images or videos may be two-dimensional (2D) or three-dimensional (3D)”, para 46), the method comprising the following steps:
capturing, by an image sensor (“the image capture device 110 may include one or more lenses, a sensor”, para 47, CMOS, para 49), at least two simultaneous digital video frames at different exposures (“The image obtaining module 410 may obtain a first image and a second image of a same scene”, para 76);
generating, by an image processing unit (“the processing device 120 or a processor in the image capture device 110”, para 52), a first digital video frame at first exposure level, simultaneously generating a second digital video frame at second exposure level (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98) (“the first image may be captured by an image sensor of the image capture device 110 using a first exposure time. The second image may be captured by the image sensor of the image capture device 110 using a second exposure time that is shorter than the first exposure time”, para 76);
combining, by an extended dynamic range module (“the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54), the first digital video frame and the second digital video frame (In 580, the processing device 120 (e.g., the combination module 460) may generate a third image by combining the first image and the second image”, para 135)
to obtain an extended dynamic range frame (“the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54) of the current scene;
delivering, by an electronic display (“at least part of the imaging system 100 may be implemented with an electronic device that needs to capture images or videos, for example, a digital camera, a video camera, a smartphone, a monitoring device”, para 45), at least one extended dynamic range digital video frame (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98, “the processing device 120 may combine two or more images to generate a high-dynamic range (HDR) image”, para 54) (“the processing device 120 may generate a sequence of frames in a video by repeating the process 500”, para 98).
Regarding Claim 9, Qian teaches method according to claim 8,
wherein the first frame captures the details of the foreground image scene with the longer exposure (“the first image may be referred to as a long-exposure image, and the second image may be referred to as a short-exposure image. The first image may present details of the relatively dark region of the scene more clearly than the second image and may include overexposure in the relatively bright region of the scene”, para 76, 101).
Regarding Claim 10, Qian teaches method according to claim 8,
wherein the second frame captures details of the background image scene with the shorter exposure (“the first image may be referred to as a long-exposure image, and the second image may be referred to as a short-exposure image. The first image may present details of the relatively dark region of the scene more clearly than the second image and may include overexposure in the relatively bright region of the scene while the second image may present details of the relatively bright region of the scene more clearly than the first image and may include underexposure in the relatively dark region of the scene”, para 76, 101”).
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) 6,7, is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian et al (US 2021/0374922 A1) in view of Hamilton et al (US 2020/0049455 A1, of record).
Regarding Claim 6, Qian teaches the portable digital night vision device according to claim 1.
However, Qian does not teach
wherein said device further comprises an infrared (IR) illuminator.
Qian and Hamilton are related as imaging systems.
Hamilton teaches
wherein said device further comprises an infrared (IR) illuminator (“A typical wavelength used for laser rangefinder devices operating in the near infrared (NIR) is 905 nm”, para 549).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the night-vision device of Qian to include the IR emitter of Hamilton for the purpose of functioning as a laser rangefinder (para 549).
Regarding Claim 7, Qian teaches the portable digital night vision device according to claim 1.
However, Qian does not teach
wherein said device further comprise a digital reticle
Qian and Hamilton are related as imaging systems.
Hamilton teaches
wherein said device further comprises a digital reticle (“In one embodiment, the viewing optic has a physical reticle and a digital reticle”, para 566).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the night-vision device of Qian to include the digital reticle with accuracy of Hamilton for the purpose of functioning as a laser rangefinder (para 190, 549).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gupta et al (US 2015/0312463 A1) teaches a device with extended dynamic range for capturing extended dynamic range video frames comprising an image processing unit which comprises a HDR module.
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/JYOTSNA V DABBI/Primary Examiner, Art Unit 2872 6/26/2026
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