DETAILED ACTION
Claims 1-14 are pending.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 13 February 2025 and 10 July 2025 have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
[0087] recites “processing in steps S1001 and S303 is executed” (emphasis added). This appears to be a typographical error and should be “processing in steps S1101 and S303 is executed” (emphasis added).
Appropriate correction is required.
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.
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:
“subject extraction unit” in claims 1-5, 7-8, and 11-12
“distance information calculation unit” in claims 1-2, 5-6, and 9-12
“area extraction unit” in claims 1-4
“distance information scaling unit” in claims 2 and 4
“area information scaling unit” in claims 3-4
“image capturing unit” in claim 7
“range finding unit” in claim 7
“image reduction unit” in claim 12
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.
NOTE: It should be noted the respective dependent claims do not alter or eliminate the 35 USC 112(f) interpretation.
NOTE: Additionally, in relation to the 35 USC 112(f) interpretation as noted above, corresponding 35 USC 112(b) and 35 USC 112(a) rejections were considered for each interpretation. Upon review of the specification, it was determined that the terms did not need corresponding 35 USC 112(b) and 35 USC 112(a) rejections as noted below:
Term
Structure/Algorithm (when computer-implemented)
"subject extraction unit"
Structure
Fig. 1 and 2; [0016] and [0019], wherein the image processing device 105 includes the subject extraction unit and is a computer/has one or more processors
"In step S302, the CPU 201 receives the image captured by the range finding
camera 1001 via the input 1/F 204, and temporarily stores the received image in the RAM 202 or the like. Thereafter, processing in steps [S1101] and S303 is executed. After step S1101, the processing in step S501 is executed." ([0087])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
"In step S303, the subject extraction unit 107 extracts an area of the specific
subject from the image captured by the image capturing unit 102 to generate and output area information of the subject…" ([0045])
"distance information calculation unit"
Structure
Fig. 1 and 2; [0016] and [0019], wherein the image processing device 105 includes the distance information calculation unit and is a computer/has one or more processors.
"In step S302, the CPU 201 receives the image captured by the range finding
camera 1001 via the input 1/F 204, and temporarily stores the received image in the RAM 202 or the like. Thereafter, processing in steps [S1101] and S303 is executed. After step S1101, the processing in step S501 is executed." ([0087])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
"In step S301, the distance information calculation unit 106 calculates the distance
information on the basis of the range finding information obtained by the range finding device 103. The above range finding information is an example of information on the distance within the image captured by the image capturing unit 102. The above distance information corresponds to the image captured by the image capturing unit 102." ([0040])
"area extraction unit"
Structure
Fig. 1 and 2; [0016] and [0019], wherein the image processing device 105 includes the area extraction unit and is a computer/has one or more processors
"In step S302, the CPU 201 receives the image captured by the range finding
camera 1001 via the input 1/F 204, and temporarily stores the received image in the RAM 202 or the like. Thereafter, processing in steps [S1101] and S303 is executed. After step S1101, the processing in step S501 is executed." ([0087])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
"In step S305, the area extraction unit 109 uses the area information of the subject
stored in the area information holding unit 108 to extract the distance information of the subject area from the distance information calculated by the distance information calculation unit 106. The area extraction unit 109 then outputs subject extraction distance information. The subject extraction distance information is the distance information of the area of the specific subject…” ([0050])
"In step S305, the area extraction unit 109 uses the area information of the subject
held by the area information holding unit 108 to extract the distance information of the subject area from the distance information, the resolution of which has been increased or reduced by the distance information scaling unit 402. The area extraction unit 109 then outputs the subject extraction distance information." ([0061])
"In step S305, the area extraction unit 109 uses the area information of the subject,
the resolution of which has been increased or reduced by the area information scaling unit 602, to extract the distance information of the subject area from the distance information, the resolution of which has been increased or reduced by the distance information scaling unit 402. The area extraction unit 109 then outputs the subject extraction distance information." ([0068])
"distance information scaling unit"
Structure
Fig. 4 and 2; [0016] and [0019], wherein the image processing device 105 includes the distance information scaling unit and is a computer/has one or more processors
"In step S302, the CPU 201 receives the image captured by the range finding
camera 1001 via the input 1/F 204, and temporarily stores the received image in the RAM 202 or the like. Thereafter, processing in steps [S1101] and S303 is executed. After step S1101, the processing in step S501 is executed." ([0087])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
"The information processing device 401 includes the distance information
calculation unit 106, the subject extraction unit 107, the area information holding unit 108, and the area extraction unit 109. The information processing device 401 further includes a distance information scaling unit 402. The distance information scaling unit 402 increases or reduces the resolution of the distance information calculated by the distance information calculation unit 106, and then outputs the distance information to the area extraction unit 109." ([0056])
"In step S501, the distance information scaling unit 402 increases or reduces the
resolution of the distance information, which has been calculated by the distance
information calculation unit 106, to predetermined resolution set in advance. As an
interpolation algorithm used for scaling, a known nearest neighbor method or bilinear method may be used." ([0059])
"area information scaling unit"
Structure
Fig. 6 and 2; [0016] and [0019], wherein the image processing device 105 includes the area information scaling unit and is a computer/has one or more processors
"Fig. 7 is an example of a flowchart illustrating processing that is executed by the
information processing device 601 to output the subject extraction distance information from the captured image and the range finding information." ([0065])
"In Fig. 7, step S701 is added to the flowchart illustrated in Fig. 5. Processing in
step S701 is executed after step S304. The processing in step S305 is executed after step S701." ([0066])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
"In step S701, the area information scaling unit 602 increases or reduces the
resolution of the area information of the subject stored in the area information holding unit 108 to the resolution of the subject extraction distance information to be output… The area information scaling unit 602 then outputs the subject extraction distance information to the area extraction unit 109." ([0067])
"image capturing unit"
Structure
"The image capturing device 101 includes an image capturing unit 102, and
outputs an image captured by the image capturing unit 102 to the information processing device 105. The image capturing unit 102 includes a lens, which is not illustrated, and one or more image capturing elements." ([0027])
"range finding unit"
Structure
"For example, the range finding unit 104 is a light detection and ranging (LiDAR)
device including a laser element and a light-sensitive element, which are not illustrated." ([0041])
"The range finding camera 1001 includes an image capturing unit 1002, and
outputs an image captured by the image capturing unit 1002 to the information processing device 1003." ([0081])
"For example, the range finding camera 1001 is a stereo camera…" ([0090])
"image reduction unit"
Structure
Fig. 14 and 2; [0016] and [0019], wherein the image processing device 105 includes the image reduction unit and is a computer/has one or more processors
"Fig. 15 is an example of a flowchart illustrating processing that is executed by
the information processing device 1401 to output the subject extraction distance
information from the captured image." ([0108])
"In Fig. 15, step S1501 is added to the flowchart in Fig. 13. After step S1301,
processing in steps S1501 and S304 is executed. After step S1501, the processing in step S 1302 is executed." ([0109])
"The present disclosure can also be realized by the following processing. In the
processing, a program that implements one or more functions in the above-described exemplary embodiments is supplied to a system or a device via a network or a storage medium. Then, one or more processors in a computer of the system or the device read and execute the program…" ([0116])
"Embodiment(s) of the present invention can also be realized by a computer of a
system or apparatus that reads out and executes computer executable instructions (e.g., one or more programs) recorded on a storage medium (which may also be referred to more fully as a 'non-transitory computer-readable storage medium') to perform the functions of one or more of the above-described embodiment(s) and/or that includes one or more circuits (e.g., application specific integrated circuit (ASIC)) for performing the functions of one or more of the above-described embodiment(s), and by a method performed by the computer of the system or apparatus by, for example, reading out and executing the computer executable instructions from the storage medium to perform the functions of one or more of the above-described embodiment(s) and/or controlling the one or more circuits to perform the functions of one or more of the above-described embodiment(s). The computer may comprise one or more processors (e.g., central processing unit (CPU), micro processing unit (MPU)) and may include a network of separate computers or separate processors to read out and execute the computer executable instructions. The computer executable instructions may be provided to the computer, for example, from a network or the storage medium." ([0119])
Algorithm
“In step S1501, the subject extracted image reduction unit 1402 reduces the
resolution of the subject extracted image, which has been output by the subject extraction unit 1202, to the predetermined resolution set in advance." ([0110])
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5, 7-8, 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”).
Regarding claim 1, Yuasa discloses an information processing device (Abstract; Fig. 1; [0016-0017] and [0035]) comprising:
a subject extraction unit configured to extract an area of a subject from an image to generate area information of the subject (Fig. 1 element 21 and [0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region (i.e. area information) including an image of an object (i.e. area of a subject) is extracted from segment images);
a distance information calculation unit configured to calculate distance information corresponding to the image on the basis of information on a distance within the image (Fig. 1 elements 11, 12, and 22; Fig. 3A-3B; Eq. 1-3; [0016-0017], [0036-0037], [0043], [0051], [0057-0059] and [0072-0073], wherein distance to the object (i.e. subject) is calculated (i.e. calculating distance information) using the signal levels of the pixels from a luminance image with the time-of-flight (TOF) method, based on the time taken from the emission of light from the light emitter to the reception of the reflected light at the light receiver (i.e. information on a distance within the image)); and
an area extraction unit configured to use the area information of the subject generated by the subject extraction unit to extract distance information of the area of the subject from the distance information calculated by the distance information calculation unit (Fig. 7B blocks S221-223; [0016-0017], [0030]-0031], and [0091], wherein a window is created within the object region (i.e. area information of the subject) to cut out calculation-target pixels using the signal levels of the pixels (i.e. distance information of the area of the subject, where the signal levels are determined by the TOF method), and the distance value is calculated using the pixels in the window and is output (i.e. extract distance information of the area of the subject)).
Regarding claim 5, Yuasa discloses the information processing device according to claim 1, wherein the distance information calculation unit uses the area information of the subject generated by the subject extraction unit to select information on the area of the subject in the information on the distance within the image and calculate the distance information (Fig. 7B blocks S221-223; [0016-0017], [0030]-0031], and [0091], wherein calculation-target pixels are selected from the object region (i.e. area information of the subject) using the signal levels of the pixels to create a window (i.e. in the information on the distance within the image), and the distance value is calculated using the pixels in the window (i.e. calculate the distance information)).
Regarding claim 7, Yuasa discloses the information processing device according to claim 1, wherein the subject extraction unit extracts an area of a subject from an image captured by an image capturing unit to generate area information of the subject (Fig. 1 elements 21 and 121 & [0036-0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region (i.e. area information) including an image of an object (i.e. area of a subject) is extracted from images captured/generated by an light receiver within the imaging unit; [0044], wherein the light receiver includes an imaging sensor to capture/generate images and a light receiving optical system such as a lens, corresponding to the lens and image capturing element in the 112(f) interpretation of image capturing unit), and
wherein information on a distance within the image is range finding information obtained by a range finding unit (Fig. 1 element 10; [0036-0037], [0040], [0043], [0051], [0057-0059] and [0072-0073], wherein distance is measured by the signal levels of the pixels from a luminance image with the time-of-flight (TOF) method, which is based on the time taken from the emission of light from the light emitter to the reception of the reflected light at the light receiver (i.e. information on a distance within the image is range finding information) generated by the imaging unit (i.e. range finding unit); [0042], wherein the imaging unit includes a light emitter that outputs a pulse laser and a light receiver that receives reflected light reflected from an object, corresponding to laser element and light-sensitive element in the 112(f) interpretation of range finding unit).
Regarding claim 8, Yuasa discloses the information processing device according to claim 1, wherein the subject extraction unit extracts an area of a subject from an image captured by a range finding camera to generate area information of the subject (Fig. 1 elements 21 and 121 & [0036-0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region (i.e. area information) including an image of an object (i.e. area of a subject) is extracted from images generated by the imaging unit; [0042], wherein the imaging unit includes a light emitter that outputs a pulse laser and a light receiver that receives reflected light reflected from an object, corresponding range finding camera), and
wherein information on a distance within the image is the image captured by the range finding camera ([0036-0037] and [0043], wherein the segment images captured by the imaging unit (i.e. range finding camera) are generated using the signal levels of the pixels from a luminance image with the time-of-flight (TOF) method, based on the time taken from the emission of light from the light emitter to the reception of the reflected light at the light receiver (i.e. information on a distance within the image), and the segment image are therefore the information on a distance within the image);
Regarding claim 13, Yuasa discloses a processing method for an information processing device (Fig. 6; [0030-0032), the processing method comprising:
extracting an area of a subject from an image to generate area information of the subject (Fig. 1 element 21 and [0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region (i.e. area information) including an image of an object (i.e. area of a subject) is extracted from segment images);
calculating distance information corresponding to the image on the basis of information on a distance within the image (Fig. 1 elements 11, 12, and 22; Fig. 3A-3B; Eq. 1-3; [0016-0017], [0036-0037], [0043], [0051], [0057-0059] and [0072-0073], wherein distance to the object (i.e. subject) is calculated (i.e. calculating distance information) using the signal levels of the pixels from a luminance image with the time-of-flight (TOF) method, based on the time taken from the emission of light from the light emitter to the reception of the reflected light at the light receiver (i.e. information on a distance within the image)); and
using the area information of the subject generated in the extracting to extract distance information of the area of the subject from the distance information calculated in the calculating (Fig. 7B blocks S221-223; [0016-0017], [0030]-0031], and [0091], wherein a window is created within the object region (i.e. area information of the subject) to cut out calculation-target pixels using the signal levels of the pixels (i.e. distance information of the area of the subject, where the signal levels are determined by the TOF method), and the distance value is calculated using the pixels in the window and is output (i.e. extract distance information of the area of the subject)).
Regarding claim 14, Yuasa discloses a non-transitory computer-readable storage medium ([0092-0093]) storing a computer-executable program for causing a computer to perform the processing method ([0092-0093]) according to claim 13 (Please see claim 13 above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Kim et al. (U.S. Publication No. US 2020/0167943 A1) ("Kim").
Regarding claim 2, Yuasa discloses the information processing device according to claim 1, further comprising
wherein the area extraction unit uses the area information of the subject generated by the subject extraction unit to extract the distance information of the area of the subject from the distance information (Fig. 7B blocks S221-223; [0016-0017], [0030]-0031], and [0091], wherein a window is created within the object region (i.e. area information of the subject) to cut out calculation-target pixels using the signal levels of the pixels (i.e. distance information of the area of the subject, where the signal levels are determined by the TOF method), and the distance value is calculated using the pixels in the window and is output (i.e. extract distance information of the area of the subjecta distance information scaling unit configured to increase or reduce resolution of the distance information calculated by the distance information calculation unit, wherein the area extraction unit uses the area information of the subject generated by the subject extraction unit to extract the distance information of the area of the subject from the distance information, the resolution of which has been increased or reduced by the distance information scaling unit, specifically (emphasis added). Kim, on the other hand, teaches increasing the resolution of the depth map using a bilinear interpolation. More specifically and as it relates to the applicant’s claims, Yuasa in view of Kim disclose a distance information scaling unit configured to increase or reduce resolution of the distance information calculated by the distance information calculation unit (Kim, [0139-0140] and [0144], wherein a distance is calculated (i.e. distance information) to create a depth map and an up-sampling layer can increase the resolution of the depth map using a bilinear interpolation operation, corresponding to the bilinear operation in the 112(f) interpretation of distance information scaling unit, to match the resolution of the image, corresponding to the predetermined resolution in the 112(f) interpretation of distance information scaling unit),
wherein the area extraction unit uses the area information of the subject generated by the subject extraction unit to extract the distance information of the area of the subject from the distance information (Yuasa, Fig. 7B blocks S221-223; [0016-0017], [0030]-0031], and [0091], wherein a window is created within the object region (i.e. area information of the subject) to cut out calculation-target pixels using the signal levels of the pixels (i.e. distance information of the area of the subject, where the signal levels are determined by the TOF method), and the distance value is calculated using the pixels in the window and is output (i.e. extract distance information of the area of the subject)), the resolution of which has been increased or reduced by the distance information scaling unit a distance information scaling unit configured to increase or reduce resolution of the distance information calculated by the distance information calculation unit (Kim, [0139-0140] and [0144], wherein a distance is calculated (i.e. distance information) to create a depth map and an up-sampling layer can increase the resolution of the depth map using a bilinear interpolation operation, corresponding to the bilinear operation in the 112(f) interpretation of distance information scaling unit to match the resolution of the image, corresponding to the predetermined resolution in the 112(f) interpretation of distance information scaling unit),
Kim is combinable with Yuasa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to improve accuracy of the distance information by matching the resolution of the image (Kim, [0144-0145]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate a distance information scaling unit configured to increase or reduce resolution of the distance information calculated by the distance information calculation unit, as taught by Kim, into the information processing device, as taught by Yuasa, to obtain the invention as specified in claim 2.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Seki et al. (U.S. Publication No. US 2009/0043199 A1) ("Seki").
Regarding claim 6, Yuasa discloses the information processing device according to claim 5.
Yuasa discloses wherein the distance information calculation unit calculates the distance information (Fig. 1 elements 11, 12, and 22; Fig. 3A-3B; Eq. 1-3; [0016-0017], [0036-0037], [0043], [0051], [0057-0059] and [0072-0073])) by projection transform, specifically (emphasis added). Seki, on the other hand, teaches using a projection transformation matrix to calculate distance. More specifically and as it relates to the applicant’s claims, Seki discloses wherein the distance information calculation unit calculates the distance information by projection transform ([0059], [0074], and [0124-0125] and [0133-0134], wherein the distance d (i.e. distance information) is calculated from the projection transformation matrix (i.e. by projection transform).
Seki is combinable with Yuasa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to more accurately detect the position of an object (Seki, [0014] and [0016]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate wherein the distance information calculation unit calculates the distance information by projection transform, as taught by Seki, into the information processing device, as taught by Yuasa, to obtain the invention as specified in claim 6.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Ito et al. (U.S. Publication No. US 2022/0284610 A1) ("Ito").
Regarding claim 9, Yuasa discloses the information processing device according to claim 8.
However, Yuasa fails to teach wherein the range finding camera is a stereo camera, and wherein the distance information calculation unit calculates the distance information on the basis of a triangulation method. Ito, on the other hand, teaches generating a depth map on the basis of an image captured by a stereo camera and calculating a distance to the subject by the principle of triangulation. More specifically and as it relates to the applicant’s claims, Ito discloses wherein the range finding camera is a stereo camera ([0035], wherein a stereo camera is used), and
wherein the distance information calculation unit calculates the distance information on the basis of a triangulation method (Fig. 1, [0042-0043], wherein a depth map generated from the stereo images is used to calculate a distance to the subject (i.e. distance information) by the principle of triangulation (i.e. triangulation method)).
Ito is combinable with Yuasa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to improve the calculation accuracy of the depth information (Ito, [0052]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate wherein the range finding camera is a stereo camera, and wherein the distance information calculation unit calculates the distance information on the basis of a triangulation method., as taught by Ito, into the information processing device, as taught by Yuasa, to obtain the invention as specified in claim 9.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Komatsu et al. (U.S. Publication No. US 2022/0392096 A1) ("Komatsu").
Regarding claim 10, Yuasa discloses the information processing device according to claim 8.
However, Yuasa fails to teach wherein the range finding camera is a camera in which each pixel has a plurality of photoelectric conversion units, and wherein the distance information calculation unit calculates the distance information on the basis of a plane phase difference. Komatsu, on the other hand, teaches an image sensor where one pixel includes photoelectric conversion units and implements a distance measuring function using plane phase difference. More specifically and as it relates to the applicant’s claims, Komatsu discloses wherein the range finding camera is a camera in which each pixel has a plurality of photoelectric conversion units ([0127-0130], wherein in the image sensor (i.e. camera), one pixel includes a plurality of photoelectric conversion units), and
wherein the distance information calculation unit calculates the distance information on the basis of a plane phase difference ([0127], wherein distance is measured (i.e. calculated) using an imaging plane phase difference distance measuring method).
Komatsu is combinable with Yuasa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to more accurately reproduce a dimension of a subject existing at a desired position in an image (Komatsu, [0007]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate wherein the range finding camera is a camera in which each pixel has a plurality of photoelectric conversion units, and wherein the distance information calculation unit calculates the distance information on the basis of a plane phase difference., as taught by Komatsu, into the information processing device, as taught by Yuasa, to obtain the invention as specified in claim 10.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Tanizawa et al. (U.S. Publication No. US 2020/0380653 A1) ("Tanizawa").
Regarding claim 11, Yuasa discloses the information processing device according to claim 8.
Yuasa discloses wherein the subject extraction unit uses the area information of the subject to extract an (Yuasa, Fig. 1 elements 21 and 121 & [0036-0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region (i.e. area information) including an image of an object (i.e. area of a subject) is extracted from images generated by the imaging unit; [0042], wherein the imaging unit includes a light emitter that outputs a pulse laser and a light receiver that receives reflected light reflected from an object, corresponding range finding camera), wherein the information on the distance within the image is (Yuasa, Fig. 1 elements 21 and 121 & [0036-0037]; Fig. 6 block S21 and [0030-0031], [0054], [0057], and [0087], wherein an object/pixel region including an image of an object (i.e. area of a subject) is extracted from the luminance images based on the time taken from the emission of light from the light emitter to the reception of the reflected light at the light receiver (i.e. information on a distance within the image));), and wherein the distance information calculation unit calculates the distance information on the basis of (Yuasa, Fig. 1 elements 11, 12, and 22; Fig. 3A-3B; Eq. 1-3; [0016-0017], [0036-0037], [0043], [0051], [0057-0059] and [0072-0073], wherein distance to the object (is calculated (i.e. calculating distance information) using the signal levels of the extracted pixel region(i.e. area of the subject) from a luminance image with the time-of-flight (TOF) method).
However, as indicated by the double strikethroughs above, Yuasa fails to teach wherein the subject extraction unit uses the area information of the subject to extract an image of the area of the subject from the image captured by the range finding camera, wherein the information on the distance within the image is the image of the area of the subject, and wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject, specifically (emphasis added). Tanizawa, on the other hand, teaches extracting an image of the region of the subject. More specifically and as it relates to the applicant’s claims, Yuasa in view of Tanizawa discloses wherein the subject extraction unit uses the area information of the subject to extract an image of the area of the subject (Tanizawa, [0050], wherein the region with the object is extracted to generate an extraction image (i.e. image of the area of the subject)) from the image captured by the range finding camera,
wherein the information on the distance within the image is the image of the area of the subject (Tanizawa, [0050], wherein the region with the object is extracted from the captured image and depth image (i.e. information on the distance within the image) to generate an extraction image (i.e. image of the area of the subject)), and
wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject (Tanizawa, [0050] and [0092], wherein the region with the object is extracted to generate an extraction image (i.e. image of the area of the subject) and the distance to the object (i.e. subject) is calculated using the pixels from the extraction image).
Tanizawa is combinable with Yuasa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to improve isolation for the desired object for distance calculation (Tanizawa, [0050]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate wherein the subject extraction unit uses the area information of the subject to extract an image of the area of the subject from the image captured by the range finding camera, wherein the information on the distance within the image is the image of the area of the subject, and wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject, as taught by Tanizawa, into the information processing device, as taught by Yuasa, to obtain the invention as specified in claim 11.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yuasa et al. (U.S. Publication No. 2023/0386058 A1) (“Yuasa”) in view of Tanizawa et al. (U.S. Publication No. US 2020/0380653 A1) ("Tanizawa") and further in view of Kameyama (U.S. Publication No. US 2010/0119157 A1) (“Kameyama”).
Regarding claim 12, Yuasa and Tanizawa disclose the image processing device according to claim 11.
Yuasa and Tanizawa disclose teach (Tanizawa, [0050] and [0092], wherein the region with the object is extracted to generate an extraction image (i.e. image of the area of the subject) and the distance to the object (i.e. subject) is calculated using the pixels from the extraction image)
However, as indicated by the double strikethroughs above, Yuasa and Tanizawa fail to teach further comprising an image reduction unit configured to reduce resolution of the image of the area of the subject extracted by the subject extraction unit, wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject, the resolution of which has been reduced by the image reduction unit, specifically (emphasis added). Kameyama, on the other hand, teaches changing the image of the ROI in the frame into an image having a predetermined resolution. More specifically and as it relates to the applicant’s claims, Yuasa in view of Tanizawa and further in view of Kameyama disclose further comprising an image reduction unit configured to reduce resolution of the image of the area of the subject extracted by the subject extraction unit (Kameyama, [0115], wherein the image quality reducing section changes the image of the ROI into an image having a predetermined resolution (i.e. reducing resolution of the image of the area of the subject extracted by the subject extraction unit), corresponding to the predetermined resolution set in advance in the 112(f) interpretation of the image reduction unit), wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject, the resolution of which has been reduced by the image reduction unit (Kameyama, [0115], wherein the image quality reducing section changes the image of the ROI into an image having a predetermined resolution (i.e. reducing resolution of the image of the area of the subject extracted by the subject extraction unit), corresponding to the predetermined resolution set in advance in the 112(f) interpretation of the image reduction unit).
Kameyama is combinable with Yuasa and Tanizawa because they are from the same art of image processing.
The suggestion/motivation for doing so would have been to reduce the amount of data and more efficiently perform computations (Kameyama, [0059]).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate further comprising an image reduction unit configured to reduce resolution of the image of the area of the subject extracted by the subject extraction unit, wherein the distance information calculation unit calculates the distance information on the basis of the image of the area of the subject, the resolution of which has been reduced by the image reduction unit, as taught by Kameyama, into the image processing device, as taught by Yuasa and Tanizawa, to obtain the invention as specified in claim 12.
Allowable Subject Matter
Claims 3-4 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the primary reason for indication of allowable subject matter is that the prior art fails to teach or reasonably suggest an area information scaling unit configured to increase or reduce resolution of the area information of the subject generated by the subject extraction unit, in combination with the other elements of the claim.
The closest prior arts Kim et al. (U.S. Publication No. US 2020/0167943 A11) and Kameyama (U.S. Publication No. US 2010/0119157 A1) disclose the following:
Kim discloses using distance information to create a depth map and increasing the resolution of the depth map to match the resolution of the image (Kim, [0139-0140] and [0144]), but fails to teach increasing the resolution of the area information of the subject, specifically.
Kameyama discloses changing the image of the ROI in the frame into an image having a predetermined resolution (Kameyama, [0115]), but fails specifically teach the “structure” (i.e. algorithm) of “In step S701, the area information scaling unit 602 increases or reduces the resolution of the area information of the subject stored in the area information holding unit 108 to the resolution of the subject extraction distance information to be output… The area information scaling unit 602 then outputs the subject extraction distance information to the area extraction unit 109.” (See [0067] of the specification) associated with the 112(f) limitations for an “area information scaling unit”.
Further, it should be noted that claim 3 is interpreted under 35 U.S.C. 112(f) thus, “Therefore, the broadest reasonable interpretation of a claim limitation that invokes 35 U.S.C. 112(f) is the structure, material or act described in the specification as performing the entire claimed function and equivalents to the disclosed structure, material or act. As a result, section 1122(f) limitations will, in some cases, be afforded a more narrow interpretation than a limitation that is not crafted in means plus function” format (See MPEP 2181).”
Regarding claim 4, the primary reason for indication of allowable subject matter is that the prior art fails to teach or reasonably suggest an area information scaling unit configured to increase or reduce resolution of the area information of the subject generated by the subject extraction unit, in combination with the other elements of the claim.
The closest prior arts Kim et al. (U.S. Publication No. US 2020/0167943 A11) and Kameyama (U.S. Publication No. US 2010/0119157 A1) disclose the following:
Kim discloses using distance information to create a depth map and increasing the resolution of the depth map to match the resolution of the image (Kim, [0139-0140] and [0144]), but fails to teach increasing the resolution of the area information of the subject, specifically.
Kameyama discloses changing the image of the ROI in the frame into an image having a predetermined resolution (Kameyama, [0115]), but fails specifically teach the “structure” (i.e. algorithm) of “In step S701, the area information scaling unit 602 increases or reduces the resolution of the area information of the subject stored in the area information holding unit 108 to the resolution of the subject extraction distance information to be output… The area information scaling unit 602 then outputs the subject extraction distance information to the area extraction unit 109.” (See [0067] of the specification) associated with the 112(f) limitations for an “area information scaling unit”.
Further, it should be noted that claim 3 is interpreted under 35 U.S.C. 112(f) thus, “Therefore, the broadest reasonable interpretation of a claim limitation that invokes 35 U.S.C. 112(f) is the structure, material or act described in the specification as performing the entire claimed function and equivalents to the disclosed structure, material or act. As a result, section 1122(f) limitations will, in some cases, be afforded a more narrow interpretation than a limitation that is not crafted in means plus function” format (See MPEP 2181).”
Conclusion
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/RACHEL Y DANG/Examiner, Art Unit 2661
/JOHN VILLECCO/Supervisory Patent Examiner, Art Unit 2661
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