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
The United States Patent & Trademark Office appreciates the application that is submitted by the inventor/assignee. The United States Patent & Trademark Office reviewed the following application and has made the following comments below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/08/2024 is considered and attached.
Priority
This application claims benefit of foreign priority under 35 U.S.C. 119(a)-(d) of:
JP2023-175205, filed in Japan on 10/10/2023.
Copies of certified papers required by 37 CFR 1.55 have been retrieved.
Claim Status
Claims XXX are rejected under 35 USC § 103:
Claims XXX are rejected over XXX in view of XXX.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are 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. The examiner strongly suggested that appropriate corrections be made to clarify the claim scope.
With respect to Claim 1, the claim recites the following, each of which renders the claim indefinite:
“the pixel” on line 16 (unclear antecedent basis, the examiner only found “a plurality of pixels” on line 2);
“the same calculation equation” on line 18 (unclear antecedent basis).
With respect to Claim 5, the claim recites the following, each of which renders the claim indefinite:
“the same calculation equation” on line 19 (unclear antecedent basis).
Claims 2-4 are also rejected due to their dependence on rejected independent claim 1.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
Claim 1, “a light source unit” on line 2. The corresponding structure is disclosed in the specification, ¶ [0014]: “a surface-emitting type semiconductor laser module such as a vertical cavity surface-emitting laser (VCSEL)”. Therefore, the interpretation of the “a light source unit” is a semiconductor laser system and equivalent thereof. Same interpretation is applied for the “light source unit” in claim 5.
Claim 1, “a light receiving unit” on line 3. The corresponding structure is disclosed in the specification, ¶ [0017-0020]: “The light receiving unit 3 includes a lens 31 and a distance image sensor 32 … The distance image sensor 32 is an imaging element. The distance image sensor 32 includes a plurality of pixels arranged in a two-dimensional matrix form. Each of the pixels of the distance image sensor 32 includes one photoelectric conversion element, a plurality of charge accumulation units corresponding to the one photoelectric conversion element, and a component that distributes electric charges to each of the charge accumulation units … ”. Therefore, the interpretation of the “a light receiving unit” is a Time-of-Flight (ToF) distance image sensor system and equivalent thereof. Same interpretation is applied for the “light receiving unit” in claim 5.
Claim 1, “a distance calculation unit” on line 10. The corresponding structure is disclosed in the specification, ¶ [0021 and 0130]: “The distance image processing unit 4 includes the timing control unit 41, a distance calculation unit 42, and a measurement control unit 43 … All or a part of the distance image capturing device 1 and the distance image processing unit 4 according to the above-described embodiment may be implemented by a computer”. Therefore, the interpretation of the “a distance calculation unit” is a computing system and equivalent thereof. Same interpretation is applied for the “distance calculation unit” in claim 5.
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.
Double Patenting
The Examiner performed double patenting analysis between the instant application and the co-pending application number 18/356,396. The Examiner concludes that a double patenting rejection is not necessary.
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) 1 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akahori et al. (US-20210333372-A1, hereinafter Akahori) in view of Yamada et al. (Yamada, Kohei, et al. "A distance measurement method using a time-of-flight cmos range image sensor with 4-tap output pixels and multiple time-windows." Electronic Imaging 30 (2018), hereinafter Yamada).
CLAIM 1
In regards to Claim 1, Akahori teaches a distance image capturing device (Akahori, Abstract and ¶ [0009-0010]: “a distance-image capturing apparatus … measures the distance to a subject”) comprising:
a light source unit configured to emit an optical pulse to a subject (Akahori, ¶ [0043-0045]: “The light source unit 2 emits a light pulse PO to an imaging target space in which the subject S that is a target ... The light source unit 2, for example, is a semiconductor laser module of a surface emission type such as a vertical cavity surface emitting laser (VCSEL)…”);
a light receiving unit including a distance image sensor (Akahori, ¶ [0046-0047]: “The light receiving unit 3 receives reflected light RL of a light pulse PO reflected by a subject S that is a target … The light receiving unit 3 includes a lens 31 and a distance image sensor 32”) in which a plurality of pixels, each having a photoelectric conversion element that generates electric charges according to incident light (Akahori, ¶ [0048-0049 and 0067-0068]: “0067 - The photoelectric conversion device PD is a photodiode of an embedded type that generates electric charge by performing a photoelectric conversion of incident light and accumulates the generated electric charge”) and three or more charge accumulation units that accumulate electric charges (Akahori, ¶ [0048-0049]: “a plurality of electric charge accumulating units”, ¶ [0068]: “three electric charge accumulating units”, ¶ [0074]: “The vertical scanning circuit 323 accumulates electric charge in order of the electric charge accumulating units CS1, CS2, and CS3”), are arranged in a two-dimensional matrix form (Akahori, ¶ [0049 and 0058]: “A plurality of pixels are disposed in a two-dimensional matrix pattern in the distance image sensor 32, and pixel signals corresponding to one frame corresponding to each pixel are output”), and a pixel driving circuit configured to distribute electric charges to each of the charge accumulation units (Akahori, ¶ [0059]: “ the vertical scanning circuit 323 distributes an electric charge converted by the photoelectric conversion device to each of the electric charge accumulating units of the pixel 321 … the vertical scanning circuit 323 is one example of a “pixel driving circuit””) at an accumulation timing synchronized with an emission timing for emitting the optical pulse and accumulate the electric charges in each of the charge accumulation units (Akahori, ¶ [0074]: “The vertical scanning circuit 323 accumulates electric charge in order of the electric charge accumulating units CS1, CS2, and CS3 in synchronization with the emission of the light pulse PO”); and
a distance calculation unit configured to calculate a distance to the subject based on an electric charge amount accumulated in each of the charge accumulation units (Akahori, ¶ [0082-0084]: “The distance calculating unit 42 calculates the delay time Td using the following Equation (1) using this principle.
Td = To x (Q3 – Q1) / (Q2 + Q3 – 2Q1) (1)
… By multiplying the delay time acquired in Equation (1) by a light speed (velocity), the distance calculating unit 42 calculates a reciprocation distance to the subject S. Then, by calculating ½ of the reciprocation distance calculated as described above, the distance calculating unit 42 acquires the distance to the subject S” The Examiner notes Q1, Q2, and Q3 are electric charges accumulated in charge accumulation units),
wherein a relationship between the emission timing and the accumulation timing is set such that electric charges corresponding to reflected light of the optical pulse reflected from the subject are accumulated in any two charge accumulation units in which electric charges are successively accumulated, among the three or more charge accumulation units provided in the pixel (Akahori, ¶ [0016 and 0125]: “the timing control unit accumulates the electric charge in the first electric charge accumulating unit in an external light accumulation period that is an off state in which the light pulse is not emitted and repeats an accumulation period in which the electric charge is sequentially accumulated in the second electric charge accumulating unit and the third electric charge accumulating unit for a predetermined number of accumulation times in a predetermined reflected light reception period after an on state in which the light pulse is emitted is formed” Akahori teaches first accumulate electric charge into the first unit, then accumulate electric charges sequentially into second and third units.), and
Akahori does not explicitly disclose the distance calculation unit calculates the distance to the subject by using the same calculation equation regardless of which of the three or more charge accumulation units provided in the pixels accumulates the electric charges corresponding to the reflected light.
Yamada is in the same field of art of distance measuring using multi-tap TOF sensor. Further, Yamada teaches the distance calculation unit calculates the distance to the subject by using the same calculation equation regardless of which of the three or more charge accumulation units provided in the pixels accumulates the electric charges corresponding to the reflected light. (Yamada, page 326-2, section Range Measurement with Range Switching by Thresholding: “While the conventional method needs three signals to remove background light components, the advanced method uses two signals for it. So, the time of calculating ADC and the area of analog circuit will be reduced. Also, the equation for estimating the range is given by
D = Dmax0 {D1Z1 + D2Z2 + D3Z3} E (11)
where Dmax0 is the maximum range at one time-window, D1 and D2 and D3 are each range equation, Z1 and Z2 and Z3 and E are the digital value to determine correct regions.”, Yamada teaches using one single equation to calculate distance, there is not any other form/version of the equation)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Akahori by incorporating method to measure distance that is taught by Yamada, to make a system to calculate distance with simpler equations and automatically detect the range zone; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need to reduce calculation time and circuit area (Yamada, page 326-2, section Range Measurement with Range Switching by Thresholding: “By using this two signals, it is possible to measure the distance with the simple equations while automatically detecting the range zone … While the conventional method needs three signals to remove background light components, the advanced method uses two signals for it. So, the time of calculating ADC and the area of analog circuit will be reduced.”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
CLAIM 5
In regards to Claim 5, Akahori teaches a distance image capturing method (Akahori, ¶ [0018]: “a distance-image capturing method using a distance-image capturing apparatus”) performed by a distance image capturing device (Akahori, Abstract and ¶ [0009-0010]: “a distance-image capturing apparatus … measures the distance to a subject”) including
a light source unit configured to emit an optical pulse to a subject (Akahori, ¶ [0043-0045]: “The light source unit 2 emits a light pulse PO to an imaging target space in which the subject S that is a target ... The light source unit 2, for example, is a semiconductor laser module of a surface emission type such as a vertical cavity surface emitting laser (VCSEL)…”),
a light receiving unit including a distance image sensor in which a plurality of pixels (Akahori, ¶ [0046-0047]: “The light receiving unit 3 receives reflected light RL of a light pulse PO reflected by a subject S that is a target … The light receiving unit 3 includes a lens 31 and a distance image sensor 32”), each having a photoelectric conversion element that generates electric charges according to incident light (Akahori, ¶ [0048-0049 and 0067-0068]: “0067 - The photoelectric conversion device PD is a photodiode of an embedded type that generates electric charge by performing a photoelectric conversion of incident light and accumulates the generated electric charge”) and three or more charge accumulation units that accumulate electric charges (Akahori, ¶ [0048-0049]: “a plurality of electric charge accumulating units”, ¶ [0068]: “three electric charge accumulating units”, ¶ [0074]: “The vertical scanning circuit 323 accumulates electric charge in order of the electric charge accumulating units CS1, CS2, and CS3”), are arranged in a two-dimensional matrix form (Akahori, ¶ [0049 and 0058]: “A plurality of pixels are disposed in a two-dimensional matrix pattern in the distance image sensor 32, and pixel signals corresponding to one frame corresponding to each pixel are output”), and
a pixel driving circuit which distributes electric charges to each of the charge accumulation units (Akahori, ¶ [0059]: “ the vertical scanning circuit 323 distributes an electric charge converted by the photoelectric conversion device to each of the electric charge accumulating units of the pixel 321 … the vertical scanning circuit 323 is one example of a “pixel driving circuit””) at an accumulation timing synchronized with an emission timing for emitting the optical pulse and accumulates the electric charges in each of the charge accumulation units (Akahori, ¶ [0074]: “The vertical scanning circuit 323 accumulates electric charge in order of the electric charge accumulating units CS1, CS2, and CS3 in synchronization with the emission of the light pulse PO”), and
a distance calculation unit configured to calculate a distance to the subject based on an electric charge amount accumulated in each of the charge accumulation units (Akahori, ¶ [0082-0084]: “The distance calculating unit 42 calculates the delay time Td using the following Equation (1) using this principle.
Td = To x (Q3 – Q1) / (Q2 + Q3 – 2Q1) (1)
… By multiplying the delay time acquired in Equation (1) by a light speed (velocity), the distance calculating unit 42 calculates a reciprocation distance to the subject S. Then, by calculating ½ of the reciprocation distance calculated as described above, the distance calculating unit 42 acquires the distance to the subject S” The Examiner notes Q1, Q2, and Q3 are electric charges accumulated in charge accumulation units), the distance image capturing method comprising:
setting a relationship between the emission timing and the accumulation timing such that electric charges corresponding to reflected light of the optical pulse reflected from the subject are accumulated in any two charge accumulation units, in which electric charges are successively accumulated, among the three or more charge accumulation units provided in the pixels (Akahori, ¶ [0016 and 0125]: “the timing control unit accumulates the electric charge in the first electric charge accumulating unit in an external light accumulation period that is an off state in which the light pulse is not emitted and repeats an accumulation period in which the electric charge is sequentially accumulated in the second electric charge accumulating unit and the third electric charge accumulating unit for a predetermined number of accumulation times in a predetermined reflected light reception period after an on state in which the light pulse is emitted is formed” Akahori teaches first accumulate electric charge into the first unit, then accumulate electric charges sequentially into second and third units.);
Akahori does not explicitly disclose the distance calculation unit calculates the distance to the subject by using the same calculation equation regardless of which of the three or more charge accumulation units provided in the pixels accumulates the electric charges corresponding to the reflected light.
Yamada is in the same field of art of distance measuring using multi-tap TOF sensor. Further, Yamada teaches the distance calculation unit calculates the distance to the subject by using the same calculation equation regardless of which of the three or more charge accumulation units provided in the pixels accumulates the electric charges corresponding to the reflected light. (Yamada, page 326-2, section Range Measurement with Range Switching by Thresholding: “While the conventional method needs three signals to remove background light components, the advanced method uses two signals for it. So, the time of calculating ADC and the area of analog circuit will be reduced. Also, the equation for estimating the range is given by
D = Dmax0 {D1Z1 + D2Z2 + D3Z3} E (11)
where Dmax0 is the maximum range at one time-window, D1 and D2 and D3 are each range equation, Z1 and Z2 and Z3 and E are the digital value to determine correct regions.”, Yamada teaches using one single equation to calculate distance, there is not any other form/version of the equation)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Akahori by incorporating method to measure distance that is taught by Yamada, to make a system to calculate distance with simpler equations and automatically detect the range zone; thus, one of ordinary skilled in the art would be motivated to combine the references since among its several aspects, the present invention recognizes there is a need to reduce calculation time and circuit area (Yamada, page 326-2, section Range Measurement with Range Switching by Thresholding: “By using this two signals, it is possible to measure the distance with the simple equations while automatically detecting the range zone … While the conventional method needs three signals to remove background light components, the advanced method uses two signals for it. So, the time of calculating ADC and the area of analog circuit will be reduced.”).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, which is claim 1, and claim 1 is rejected under 112b. However, Claims 2-4 would be allowable if the 112b rejection was addressed in claim 1 and claims 2-4 were rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Pertinent Arts
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Nagase et al. (WO2021235542A1, hereinafter Nagase) which is directed to a distance image capturing device using multi-tap TOF sensor. Specifically, Nagase teaches obtaining a first ratio as a ratio of a light amount of background light in the environment, and a second ratio as a ratio of a light amount of reflected light in the environment. The distance to an object is calculated by solving a simultaneous three-dimensional linear equation of the first ratio and second ratio
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NHUT HUY (JEREMY) PHAM whose telephone number is (703)756-5797. The examiner can normally be reached Mo - Fr. 8:30am - 6pm ET.
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/NHUT HUY PHAM/Examiner, Art Unit 2674
/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674
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