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 .
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 person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-13 and 15-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freeman et al. (PGPUB Document No. US 2024/0127931).
Regarding claim 11, Freeman teaches an imaging apparatus comprising:
An imaging device to capture a plurality of images (taking several images in milliseconds (Freeman: 0145)) under a plurality of illumination settings (“The 3D ADM microscope may use an additional aspect of image enhancement called aperture azimuth rotation (AAR)… . The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures” (Freeman: 0145));
An embedded graphics unit (GPU, Freeman: 0079), comprising:
A random access memory (RAM) to store the plurality of images from the imaging device (memory components, Freeman: 0079);
A graphics unit to
execute an image processing task on the plurality of images to obtain a plurality of processed images defining material channel data (“The 3DADM programs tasks include methods for acquiring, processing, analyzing, and understanding digital images or video, and extraction of high-dimensional data in order to produce pixel, dexel (sub-pixel), texel, voxel (a volumetric representation of a pixel rather than a picture, which may consist of a single piece of data, such as an opacity, or multiple pieces of data, such as a color in addition to opacity), numerical, or symbolic information, which can be used as higher analysis of the real-world information for specific characteristics. As used in the 3DAMD, the software, program, and model controller may then take this information and apply it to an algorithmic logic to achieve an instantaneous new visual understanding of the image or video presented to the viewer” (Freeman: 0144)),
wherein execution of the image processing task comprises:
Determining, within a subset of the plurality of processed images, a characteristic of each image of the subset of the plurality of processed images (“higher analysis of the real-world information for specific characteristics” (Freeman: 0144)).
and combining, based on the determined characteristic of each image, the images of the subset into a single processed image to obtain a sampled set of processed images (“The computer may then reassemble these images, which may produce a higher resolution image or video” (Freeman: 0141). “These images may then be made into a composite image” (Freeman: 0145));
And a connection bridge to transmit the sampled set of processed images to a secondary electronic device (“ADMO3DV controller and software may run as a bidirectional communication between a host/server and a client to transfer data, images, and telemetry information between the two devices” (Freeman: 0153)).
Regarding claim 12, Freeman teaches the imaging apparatus of claim 11, wherein the embedded graphics unit receives the plurality of images from the imaging device via a multi-lane serial interface (any of the data interface as described in para 0150 of Freeman - “The ADMO3DV may be connected with some or all its components and viewports to a hospital, clinic, or other 5G MEC system so that the system may support multiple online activities for multiple users and where reliability is increased, the throughput supports massive data transfers, latency is reduced, and throughput of data is increased to a projected 100 Mbps with potentially greater than 10 Gbps peak speeds.” (Freeman: 0150)).
Regarding claim 13, Freeman teaches the imaging apparatus of claim 11, wherein the plurality of illumination settings comprises illuminating a sample from different light directions using a light source (“The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels.” (Freeman: 0145). “The middle layer may include polarization to create a perceived black” (Freeman: 0115)).
14. The imaging apparatus of claim 11, wherein the imaging apparatus further includes a flash memory to store the sampled set of processed images.
Regarding claim 15, Freeman teaches the imaging apparatus of claim 11, wherein the image processing task includes at least one of high dynamic range (HDR) processing, signal-to-noise (S/N) enhancement, varied polarization elliptical state images capture, pixel shift registration, time delay integration (TDI), color correction (“The position and color (hue, saturation, brightness, and contrast) of all pixels, vertices, and/or textures used to construct a final rendered image can be altered using algorithms defined in a shader and can be modified by external variables or textures introduced by the computer program calling the shader.” (Freeman: 0128)), de-mosaicking, other custom (ISV) image manipulations.
Regarding claim 16, Freeman teaches the imaging apparatus of claim 11, wherein the imaging device is to capture the plurality of images under a plurality of illumination settings and a second plurality of images under the plurality of illumination settings, wherein the graphics unit is to execute the image processing task on the plurality of images to obtain the plurality of processed images defining material channel data (“The 3DADM programs tasks include methods for acquiring, processing, analyzing, and understanding digital images or video, and extraction of high-dimensional data in order to produce pixel, dexel (sub-pixel), texel, voxel (a volumetric representation of a pixel rather than a picture, which may consist of a single piece of data, such as an opacity, or multiple pieces of data, such as a color in addition to opacity)” (Freeman: 0144))
while the imaging device is capturing the second plurality of images (the real-time capture of successive images comprise of “second plurality of images” as presently claimed (Freeman: 0141)).
Regarding claim 17, Freeman teaches the imaging apparatus of claim 11, wherein the imaging device captures the plurality of images using illumination settings associated with a photometric capture process, the photometric capture process includes photometric stereo capture (“The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels. This capability enables improved 3D perception of various structures including the surface of a retina by oversampling and creating a higher resolution composite image.” (Freeman: 0145)) or spatially varying bidirectional reflectance distribution function (SVBRDF) capture.
Claim(s) 1, is/are corresponding system claim(s) of claim(s) 11. The limitations of claim(s) 1 are substantially similar to the limitations of claim(s) 11. Therefore, it has been analyzed and rejected substantially similar to claim(s) 1.
Regarding claim 2, Freeman teaches the photometric stereo image processing system of claim 1, wherein the characteristic of the plurality of images is at least one of a shadow placement, intensity, brightness, or reflectance (The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels (0145))
Regarding claim 3, Freeman teaches the photometric stereo image processing system of claim 1, wherein the plurality of different illumination settings includes light orientation settings (“The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels.” (Freeman: 0145)), and polarizer viewing states (“The middle layer may include polarization to create a perceived black” (Freeman: 0115)).
Regarding claim 4, Freeman teaches the photometric stereo image processing system of claim 1, wherein the transitory storage device receives the plurality of images from the imaging device via a multi-lane serial interface at a data rate of at least 20 Gbits/sec (“throughput of data is increased to a projected 100 Mbps with potentially greater than 10 Gbps peak speeds.” (Freeman: 0150)).
Regarding claim 6, Freeman teaches the photometric stereo image processing system of claim 1, wherein the image processing task includes at least one of high dynamic range (HDR) processing, signal-to-noise (S/N) enhancement, varied polarization elliptical state images capture, pixel shift registration, time delay integration (TDI), color correction (“The position and color (hue, saturation, brightness, and contrast) of all pixels, vertices, and/or textures used to construct a final rendered image can be altered using algorithms defined in a shader and can be modified by external variables or textures introduced by the computer program calling the shader.” (Freeman: 0128)), de-mosaicking, other custom (ISV) image manipulations.
Regarding claim 7, Freeman teaches the photometric stereo image processing system of claim 1, wherein the graphics unit is to execute the image processing task on the plurality of images to obtain the plurality of processed images defining the material channel data (“The 3DADM programs tasks include methods for acquiring, processing, analyzing, and understanding digital images or video, and extraction of high-dimensional data in order to produce pixel, dexel (sub-pixel), texel, voxel (a volumetric representation of a pixel rather than a picture, which may consist of a single piece of data, such as an opacity, or multiple pieces of data, such as a color in addition to opacity)” (Freeman: 0144))
while the imaging device captures a second plurality of images (the real-time capture of successive images comprise of “second plurality of images” as presently claimed (Freeman: 0141)).
Regarding claim 8, Freeman teaches the photometric stereo image processing system of claim 1, wherein the material channel data includes at least one of: base color/albedo, normal, height, roughness, metalness, ambient occlusion, or opacity (“voxel (a volumetric representation of a pixel rather than a picture, which may consist of a single piece of data, such as an opacity, or multiple pieces of data, such as a color in addition to opacity)” (Freeman: 0144)).
Regarding claim 9, Freeman teaches the photometric stereo image processing system of claim 1, wherein the executed image processing task is based on the characteristic of the plurality of images (“The 3DADM programs tasks include methods for acquiring, processing, analyzing, and understanding digital images or video, and extraction of high-dimensional data in order to produce pixel, dexel (sub-pixel), texel, voxel (a volumetric representation of a pixel rather than a picture, which may consist of a single piece of data, such as an opacity, or multiple pieces of data, such as a color in addition to opacity), numerical, or symbolic information, which can be used as higher analysis of the real-world information for specific characteristics” (Freeman: 0144))
and the plurality of different illumination settings (“The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels.” (Freeman: 0145)).
Regarding claim 10, Freeman teaches the photometric stereo image processing system of claim 1, wherein the secondary electronic device includes a server, a workstation, or a host computer (“The ADMO3DV controller and software may handle remote inputs, which may be sent back to the server and evaluated or executed” (Freeman: 0153)).
Claim(s) 18, is/are corresponding method claim(s) of claim(s) 11. The limitations of claim(s) 18 are substantially similar to the limitations of claim(s) 11. Therefore, it has been analyzed and rejected substantially similar to claim(s) 18.
Regarding claim 19, Freeman teaches the method of claim 18, wherein the method executing the image processing task further comprises grouping images of the plurality of images into subsets based on the characteristic of each image of the plurality of images (“The 3DADM programs tasks include methods for acquiring, processing, analyzing, and understanding digital images or video, and extraction of high-dimensional data” (Freeman: 0144)).
Regarding claim 20, Freeman teaches the method of claim 18, wherein the image processing task includes at least one of high dynamic range (HDR) processing, signal-to-noise (S/N) enhancement, varied polarization elliptical state images capture, or pixel shift registration (The 3DADM may also contain artificial intelligence and processing software enabling pixel-shifting technologies to produce hyperacuity imaging (Freeman: 0141)).
Regarding claim 21, Freeman teaches the method of claim 18, wherein capturing the plurality of images under the plurality of illumination settings comprises illuminating a sample using a light source from different relative positions (“The 3DADM may also employ AAR, which works by changing both the light distribution and camera angle from 0 degrees azimuth to 360 degrees azimuth, in separate captures throughout the degrees, which provides alternate views of the same image extending over multiple adjacent pixels. This capability enables improved 3D perception of various structures including the surface of a retina by oversampling and creating a higher resolution composite image. (Freeman: 0145)) and providing a polarizer view state using a polarizer positioned in between the imaging device (“lens 10 may have at least three layers, including a polarized optical coating layer 12” (Freeman: 0115)).
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) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freeman as applied to the claim(s) above, and further in view of Fields et al. (PGPUB Document No. US 2020/0314412).
Regarding claim 5, Freeman does not expressly teach but Fields teaches the photometric stereo image processing system of claim 1, wherein the photometric stereo image processing system further includes a flash memory to store the plurality of processed images (Within a similar field of endeavor (photo metric imaging), Fields teaches memory types including “flash memory” (Fields: 0051)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of an ordinary skill in the art to modify the teachings of Freeman such as to utilize a flash memory as suggested by Fields, because this enables the use of an efficient and fast memory when processing data.
Claim 14 is similar in scope to claim 5. Therefore, the rejection to claim 5 similarly applies to claim 14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H Chu whose telephone number is (571)272-8079. The examiner can normally be reached M-F: 9:30 - 1:30pm, 3:30-8:30pm.
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/DAVID H CHU/Primary Examiner, Art Unit 2616
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