DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied 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.
4. Claims 1, 5-6 and 8 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lewin et al. (US Publication 2006/0044546) in view of Kobayashi et al. (US Publication 2005/0179871).
Regarding claim 1, Lewin discloses a distance measurement device comprising:
a first imaging part and a second imaging part that are disposed side by side, visual fields of the first imaging part and the second imaging part having a range overlapping with each other (Lewin, para’s 0151-0158, fig. 9 illustrates a ranging device for estimating distance, comprising: two CCD cameras 6, 106 are used to look at the scene. Spot projector 22 may be any of the spot projectors described above and projects a regular array of spots or crosses. CCD camera 6 is the same as described above with respect to FIG. 2. A second camera 106 is also provided which is identical to camera 6. A beamsplitter 104 is arranged so as to pass some light from the scene to camera 6 and reflect some light to camera 106. The arrangement of camera 106 relative to beamsplitter 104 is such that there is a small difference 108 in the effective positions of the two cameras. Each camera therefore sees a slightly different scene; an inertial sensors could also be used to record how the camera is moved. In this way the position and orientation of the camera is known when the image is taken; see also para’s 0033-0038, images from different viewpoints can be captured by cameras 6 and 106, as such creating a range overlapping between cameras 6 and 106);
a light projector that projects pattern light in the range in which the visual fields overlap with each other, the pattern light having a plurality of light regions of different wavelength bands, the plurality of light regions being distributed in a predetermined pattern (Lewin, para. 0151, projector 22 may project a regular array of spots or crosses. A beamsplitter 104 is arranged so as to pass some light from the scene to camera 6 and reflect some light to camera 106. The arrangement of camera 106 relative to beamsplitter 104 is such that there is a small difference 108 in the effective positions of the two cameras. Each camera therefore sees a slightly different scene; para’s 0051-0053 and 0145, differently transmissive portions of the mask 132 have filters of different colors that may transmit light of different wavelengths); and
a measurement part that measures a distance to a surface of an object, on which the predetermined pattern light is projected, based on images captured by the first imaging part and the second imaging part (Lewin, para’s 0129-0130, discloses a range calculation unit: once a spot has been identified, its range “distance” can be calculated. In order to produce a valid 3-dimensional representation of the scene it is also necessary to calculate x and y-coordinates. These can simply be derived from the camera properties. Other means of resolving ambiguity may be employed however. The apparatus includes a spot projector in which the light source is shaped so as to allow discrimination between adjacent spots. Where the light source is symmetric about the appropriate axes of reflection the spots produced by the system are effectively identical), wherein the light projector includes:
a light source including the wavelength bands, a filter including a plurality of filter regions for respectively forming the plurality of light regions, the plurality of filter regions being distributed in a pattern similar to the predetermined pattern of the light regions (Lewin, para’s 0051-0053 and 0141-0145, discloses differently transmissive portions of the mask 132 have filters of different colors that transmit light portions of different wavelengths), and
a plurality of optical elements that are arranged on at least one of an incident surface side and an emission surface side of the filter, the plurality of optical elements corresponding to the plurality of filter regions (Lewin, para’s 0141-0145, fig. 11, a light source 130 illuminates the kaleidoscope 136 through mask 132 having filters of different colors that transmit light portions of different wavelengths. The kaleidoscope 136 and projection lens 138 may be the same as described above with reference to FIG. 5. Light source 130 is a bright LED source arranged to illuminate mask 132 through homogenizer 134. Homogenizer 134 simply acts to ensure uniform illumination of mask 132 and so may is a simple plastic light pipe. Mask 132 is arranged to have a plurality of transmissive portions, i.e. windows, so that only part of the light from the LED 130 is incident on the input face of the kaleidoscope 136. A suitable mask is illustrated as 132a which has a plurality of apertures 142 for transmitting light. Each aperture will act as a separate light source in the same manner as described above with respect to FIG. 6 and so the kaleidoscope will replicate an image of the apertures in the mask 132a and project an array of spots onto the scene).
Lewin does not explicitly disclose but Kobayashi discloses each of the plurality of optical elements has two different focal points and forms a corresponding one of the plurality of light regions (Kobayashi, para. 0027, the projection lens may consist of a plurality of lenses, and the diaphragm may be arranged between two of the plurality of lenses; para. 0059, the projection lens 9 is of a two-group, two-piece structure including the two convex lenses. The projection lens 9 is not limited to this structure. It may involve more lenses, or may consist of focal-length-variable lenses. Accordingly, each lens of the plurality of the lens may form a corresponding one of the plurality of light regions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kobayashi’s features into Lewin’s invention for enhancing 3D depth mapping by focusing light from different distances and recording different directional light rays at once.
Regarding claim 5, Lewin-Kobayashi discloses the distance measurement device according to Claim 1, wherein the light source includes a plurality of light sources that emit light beams having different wavelength bands, and the light projector further includes an optical system that guides the light beams, emitted from the plurality of light sources, to the filter (Lewin, para’s 0044-0046 and 0051-0053, using a plurality of light sources that emit light at different wavelengths, and it would be obvious to combine the light sources with masks that transmit light of different wavelengths).
Regarding claim 6, Lewin-Kobayashi discloses the distance measurement device according to Claim 1, wherein the plurality of filter regions each extract light of a wavelength band corresponding to a hue of a corresponding one of the light regions among light emitted from the light source (Lewin, para’s 0051-0053, where more than one light source are used at least one light source could be arranged to emit light at a different wavelength to another light source. Alternatively, when using a mask with a plurality of transmissive portions the different transmissive portions could transmit different wavelengths. Using sources with different wavelengths or transmissive windows operating at different wavelengths means that the array of spots projected into a scene will have differing wavelengths, in effect the spots will be different colours. Having varying colours will help remove ambiguity over which spot is which in the projected array).
Regarding claim 8, Lewin-Kobayashi discloses the distance measurement device according to Claim 1, wherein the measurement part performs stereo corresponding point search processing on a first image captured by the first imaging part and a second image captured by the second imaging part (Lewin, para’s 0034 and 0038, processing techniques that compare and look at the difference in the two images to determine information about the scene using known stereo imaging techniques to augment the range information collected by analyzing the positions of the projected spots; accordingly, comparing and look at the second image to find differences from the first image using stereo imaging techniques to augment the range information collected by analyzing the positions of the projected spots indicates a stereo point search; it is noted that the claimed feature is also known in the art, see Watanabe, Japanese Publication JP 6524680 06-2019, para’s 0024-0026; the disparity calculation means 201 performs a matching process to find corresponding points based on the first brightness image captured by the first camera Cl and the second brightness image captured by the second camera C2. Matching is a process that finds corresponding points in two brightness images based on the distribution characteristics of the brightness values of pixels in those two brightness images; specifically, the disparity calculation means 201 determines the distribution characteristics of the luminance values of the first luminance image captured by the first camera C1 which is equivalent to calculating a distance index value to a surface, and determines the distribution characteristics of the luminance values of the second luminance image captured by the second camera C2. The disparity calculation means 201 then searches for areas in the other luminance image that have a high correlation in terms of the characteristics of the luminance distribution with respect to a window area set in one of the luminance images, and finds corresponding points between the two luminance images. The parallax calculation means 201 calculates the parallax, which is the difference between the position of object S in the first brightness image and the position of object S in the second brightness image, based on the result of the matching process. Furthermore, the parallax calculation means 201 uses the parallax, the baseline lengths (optical axis spacing) of the two cameras of the stereo camera 111, and the focal length of the lens to calculate the distance from the stereo camera 111 to the object S using the principle of triangulation).
5. Claims 2-4 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Lewin-Kobayashi, as applied to claim 1 above, in view of Chien (US Publication 2018/0231199).
Regarding claim 2, Lewin-Kobayashi discloses the distance measurement device according to Claim 1, wherein the optical element includes a first focal point and a second focal point having a focal length longer than a focal length of the first focal point (Kobayashi, para. 0027, the projection lens may consist of a plurality of lenses, and the diaphragm may be arranged between two of the plurality of lenses; para. 0059, the projection lens 9 is of a two-group, two-piece structure including the two convex lenses. The projection lens 9 is not limited to this structure. It may involve more lenses, or may consist of focal-length-variable lenses. Accordingly, each lens of the plurality of the lens may form a corresponding one of the plurality of light regions).
Lewin-Kobayashi does not explicitly disclose but Chien discloses the optical element is a lens having a first curvature radius and a second curvature radius different from the first curvature radius, the first curvature radius being a curvature radius in a first direction and a second curvature radius being a curvature radius in a second direction intersecting the first direction and is a lens having a first curvature radius and a second curvature radius different from the first curvature radius (Chien, para. 0082 light source go optional optical lens to adjustable light beam and go to outer dome or sphere optics-lens to get as wider as possible illuminated areas).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Chien’s features into Lewin-Kobayashi’s invention for enhancing 3D depth mapping by providing as wider as possible illuminated areas.
Regarding claim 3, Lewin-Kobayashi-Chien discloses the distance measurement device according to Claim 2, wherein the first direction is substantially orthogonal to the second direction (Chien, para. 0082 light source go optional optical lens to adjustable light beam and go to outer dome or sphere optics-lens to get as wider as possible illuminated areas; as such a dome shape cover/filter can form the first direction is substantially orthogonal to the second direction).
The motivation to combine the references and obviousness arguments are the same as claim 1.
Regarding claim 4, Lewin-Kobayashi-Chien discloses the distance measurement device according to Claim 2, wherein the first focal point is set on a side closer to the distance measurement device than a measurement range of the distance measurement device, and the second focal point is set on a side farther from the distance measurement device than the measurement range (Kobayashi, para. 0027, the projection lens may consist of a plurality of lenses, and the diaphragm may be arranged between two of the plurality of lenses; para. 0059, the projection lens 9 is of a two-group, two-piece structure including the two convex lenses. The projection lens 9 is not limited to this structure. It may involve more lenses, or may consist of focal-length-variable lenses. Accordingly, each lens of the plurality of the lens may form a corresponding one of the plurality of light regions; Chien, para. 0082 light source go optional optical lens to adjustable light beam and go to outer dome or sphere optics-lens to get as wider as possible illuminated areas; setting the first focal point on a side closer to the distance measurement device than a measurement range of the distance measurement device, and setting the second focal point on a side farther from the distance measurement device than the measurement range is merely a design arrangement option).
The motivation to combine the references and obviousness arguments are the same as claim 1.
6. Claim 7 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Lewin-Kobayashi, as applied to claim 1 above, in view of Nomizo et al. (US Publication 2005/0219467).
Regarding claim 7, Lewin-Kobayashi discloses the distance measurement device according to Claim 1.
Lewin-Kobayashi does not explicitly disclose but Nomizo discloses a light projection controller that adjusts luminance of light emitted from the light source (Nomizo, para. 0062, a unit for controlling the brightness of illumination light emitted from the light-source lamp 52 or the brightness of a projection image by adjusting the lamp power).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Nomizo’s features into Lewin-Kobayashi’s invention for enhancing the quality of distance measuring device by improving image contrast.
7. Claim 9 is rejected under AIA 35 U.S.C. 103 as being unpatentable over Lewin-Kobayashi, as applied to claim 8 above, in view of Watanabe (Japanese Publication JP 6524680 06-2019).
Regarding claim 9, Lewin-Kobayashi discloses the distance measurement device according to Claim 8.
Lewin-Kobayashi does not explicitly disclose but Watanabe discloses wherein, in the stereo correspondence point search processing, the measurement part selects a standard block from the first image, extracts a light region pixel block including a corresponding one of the light regions in the selected standard block, calculates a distance index value to a surface, on which the corresponding one of the light regions is projected, based on a pixel value of the light region pixel block, and determines a search start position of a reference pixel block in the second image based on the distance index value (Watanabe, para’s 0024-0026, the disparity calculation means 201 performs a matching process to find corresponding points based on the first brightness image captured by the first camera Cl and the second brightness image captured by the second camera C2. Matching is a process that finds corresponding points in two brightness images based on the distribution characteristics of the brightness values of pixels in those two brightness images; specifically, the disparity calculation means 201 determines the distribution characteristics of the luminance values of the first luminance image captured by the first camera C1 which is equivalent to calculating a distance index value to a surface, and determines the distribution characteristics of the luminance values of the second luminance image captured by the second camera C2. The disparity calculation means 201 then searches for areas in the other luminance image that have a high correlation in terms of the characteristics of the luminance distribution with respect to a window area set in one of the luminance images, and finds corresponding points between the two luminance images. The parallax calculation means 201 calculates the parallax, which is the difference between the position of object S in the first brightness image and the position of object S in the second brightness image, based on the result of the matching process. Furthermore, the parallax calculation means 201 uses the parallax, the baseline lengths (optical axis spacing) of the two cameras of the stereo camera 111, and the focal length of the lens to calculate the distance from the stereo camera 111 to the object S using the principle of triangulation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Watanabe’s features into Lewin-Kobayashi’s invention for enhancing the quality of distance measuring device by measuring the distance based on disparity between the first image and the second image using well known stereo point searching and principle of triangulation.
8. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. These include:
Malione US Patent 6,341,016
Stoppi et al. US Publication 2022/0410381
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOI H TRAN whose telephone number is (571)270-5645. The examiner can normally be reached 8:00AM-5:00PM PST FIRST FRIDAY OF BIWEEK OFF.
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/LOI H TRAN/Primary Examiner, Art Unit 2484
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