CTNF 18/918,975 CTNF 82849 DETAILED ACTION This is the First Action on the Merits for U.S. Patent Application No. 18/918,975, filed 17 October 2024, which claims foreign priority to Japanese Application No. JP2023-187536, filed 1 November 2023. Claims 1–20 are pending. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-11 AIA The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claim 4 is objected to for want of conformity to 37 C.F.R. § 1.75(i), which requires each element or step in a claim to be separated by a line indentation. Claim Rejections - 35 U.S.C. § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1–5, 7, 8, 11, 12, 16, and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2021/0185261 A1 (“Miyake”) . Miyake, directed to an imaging device, teaches with respect to claim 1 a device comprising: a plurality of pixels each including a sensor unit (Fig. 15, ¶ 0241; photodiodes 69) configured to generate a signal upon incidence of a photon and a counter configured to count the signal (Fig. 15, ¶ 0096, charge accumulation sections 41); and a control unit (¶ 0078, control circuit that causes the pixels to output their pixel signals), wherein a count value is generated based on a difference between a value held in the counter at a start of a count period and a value held in the counter at an end of the count period (¶ 0131, reading out pixel signal charge from each pixel during a single readout period), and one frame includes at least a first count period and a second count period that is shorter than the first count period (Figs. 7, 8; shorter of high-sensitivity and low-sensitivity exposure period), wherein the control unit causes the count value generated during the second count period to be output during a period from an end of the second count period and an end of the first count period (¶ 0131, reading out pixel signal charge from each pixel held during a single readout period; Figs. 7, 8; sequential high-sensitivity and low-sensitivity exposure periods), wherein the sensor unit includes a first region and a second region, the first region including at least one pixel in which the signal is counted during a first count period among the plurality of pixels, the second region including at least one pixel in which the signal is counted during the second count period among the plurality of pixels (¶ 0261, alternating low and high sensitivity pixel exposures by rows), . . . wherein the control unit continues counting in both the first region and the second region during a period from a start of the first count period to the end of the first count period (¶ 0131, reading out pixel signal charge from each pixel during a single readout period). The claimed invention differs from Miyake in that the claimed invention specifies the second region is narrower than the first region. Miyake teaches alternate rows, not wide and narrow regions. However, such difference is not sufficient to show nonobviousness. M.P.E.P. § 2144.04(IV) (changes in size, relative dimension, and shape of prior art device not patentable). Regarding claim 2, Miyake teaches the device according to claim 1, wherein the first region and the second region overlap each other (¶ 0261, alternating rows over entire frame means entire frame is effectively within both sensitivity areas; no significant area in the frame only at a high sensitivity area or only at a low sensitivity area). Regarding claim 3, Miyake teaches the device according to claim 1, wherein the first region and second region do not overlap each other (¶ 0261, alternating low and high sensitivity pixel rows; no pixel common to both sensitivities). Regarding claim 4, Miyake teaches the device according to claim 3, wherein the device performs a first operation to output a count value corresponding to the first region to an outside of the pixel (¶ 0131, reading out pixel signal charge from each pixel during a single readout period), and output a second count value corresponding to the second region to the outside of the pixel ( id. ), and wherein the device performs the second operation during the first operation ( id. ). Regarding claim 5, Miyake teaches the device according to claim 1, wherein the second count period and the first count period start simultaneously (¶ 0131, reading out pixel signal charge from each pixel during a single readout period). Regarding claim 7, Miyake teaches the device according to claim 1, wherein the plurality of pixels each includes a memory configured to store the count value of the counter (Fig. 15, ¶ 0096, charge accumulation sections 41 that hold the charge collected by photodiodes 69). Regarding claim 8, Miyake teaches the device according to claim 1, wherein the sensor unit includes a photodiode (Fig. 15, ¶ 0241; photodiodes 69). Regarding claim 11, Miyake teaches a system comprising: the device according to claim 1 (claim 1 rejection supra ); and a processing unit configured to generate an image by using a signal output from the device (¶ 0109, column signal processing circuits that perform denoising and analog-digital conversion). Regarding claim 12, Miyake teaches the system according to claim 11, wherein the second count period and the first count period start simultaneously (¶ 0131, reading out pixel signal charge from each pixel during a single readout period). Regarding claim 16, Miyake teaches a moving body comprising: the device according to claim 1 (claim 1 rejection supra ); and a control unit configured to control a movement of the moving body by a signal output from the device (¶ 0267, implementation as in-vehicle camera). Regarding claim 17, Miyake teaches the moving body according to claim 16, wherein the second count period and the first count period start simultaneously (¶ 0131, reading out pixel signal charge from each pixel during a single readout period) . 07-21-aia AIA Claim s 6, 13, and 18 are rejected under 35 U.S.C. § 103 as being unpatentable over Miyake in view of U.S. Patent Application Publication No. 2021/0133986 A1 (“Lee”). Claims 6, 13, and 18 all require the end of the first count period to coincide with the end of the frame. Miyake, in contrast, appears to alternate between many readings of the rows to generate a frame (e.g., Fig. 3A). However, Lee, directed to an image sensor, teaches with respect to claims 6, 13, and 18 wherein the end of the first count period coincides with an end of the one frame (Fig. 3B, ¶ 0045; long exposure, medium exposure, and short exposure all end at same time) . It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the Miyake exposures so they end, not start, at the same time, as in Lee, in order to improve the combined image quality. Lee ¶ 0081 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 9, 10, 14, 15, 19, and 20 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Claims 9, 10, 14, 15, 19, and 20 all teach setting the second region dynamically according to various user-set or external conditions. This differs from Miyake in which the high-sensitivity and low-sensitivity alternating rows are fixed. Simply placing pixels with varying inherent sensitivity in a pattern is the common solution to the problem faced by the inventors; compare with US 2025/0220318 A1 at Fig. 15, US 2021/0243352 A1, Lee at Fig. 3A, US 2021/0006761 at Fig. 2, US 2020/0358989 at Fig. 9, US 2020/0329206 at Fig. 20, US 2018/0302552 at Fig. 17, US 2018/0167544 at Figs. 2, 7, and 8, and US 2009/0040349 at Fig. 2 for patterns known in the art. Alternatively, it was known to capture a region of interest at a different frame rate than a background region, as in US 2009/0066782, but this is a different operation from adjusting count periods for different pixels within one frame as claimed . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0220318 A1 US 2023/0319407 A1 US 2021/0243352 A1 US 2021/0006761 A1 US 2020/0358989 A1 US 2020/0329206 A1 US 2018/0302552 A1 US 2018/0295274 A1 US 2018/0167544 A1 US 2018/0139397 A1 US 2014/0267884 A1 US 2009/0040349 A1 US 2008/0231736 A1 US 2008/0218614 A1 IT 201900003933 A1 CN 108234895 A The following prior art was found using an Artificial Intelligence assisted search using an internal AI tool that uses the classification of the application under the Cooperative Patent Classification (CPC) system, as well as from the specification, including the claims and abstract, of the application as contextual information. The documents are ranked from most to least relevant. Where possible, English-language equivalents are given, and redundant results within the same patent families are eliminated. See “New Artificial Intelligence Functionality in PE2E Search”, 1504 OG 359 (15 November 2022), “Automated Search Pilot Program”, 90 F.R. 48,161 (8 October 2025). US 2015/0063515 A1 WO 2024/194928 A1 US 2022/0200779 A1 EP 4666889 A1 US 2017/0214401 A1 US 2014/0082187 A1 US 4,938,160 A Any inquiry concerning this communication or earlier communications from the examiner should be directed to David N Werner whose telephone number is (571)272-9662. The examiner can normally be reached M--F 7:30--4:00 Central. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dave Czekaj can be reached at 571.272.7327. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /David N Werner/Primary Examiner, Art Unit 2487 Application/Control Number: 18/918,975 Page 2 Art Unit: 2487 Application/Control Number: 18/918,975 Page 3 Art Unit: 2487 Application/Control Number: 18/918,975 Page 4 Art Unit: 2487 Application/Control Number: 18/918,975 Page 5 Art Unit: 2487 Application/Control Number: 18/918,975 Page 6 Art Unit: 2487 Application/Control Number: 18/918,975 Page 7 Art Unit: 2487 Application/Control Number: 18/918,975 Page 8 Art Unit: 2487
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