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
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, 2, 5, 14-16 are rejected under 35 U.S.C. 102(a)1 as being anticipated by Kruse (Pub 20120281087).
Regarding claim 1, Kruse discloses an intelligent mobile terminal, (smartphone 10 Para. [0017]) comprising:
an image capture module, (camera 18 Para. [0017]);
a scanning module comprising a projection module configured to project structured
light, (see combination of phone display 14 and lens 22 for projection of structure light pattern 42 Para. [0017]);
a controller electrically coupled to each of the projection module and the image capture
module, wherein the image capture module is configured to capture scanning images formed by the structured light projected onto surfaces of a test object, and the controller is configured to construct three-dimensional point cloud data of the test object based on the scanning images, (see processor within phone 10 to obtain three-dimensional coordinates of objects such as object 26 Fig 1A, Para. [0018][0020][0022]).
Regarding claim 2, Kruse discloses wherein a striped pattern having alternating light and
dark is obtained by the projection module projecting the structured light onto the surfaces of the test object, (Para. [0023] see white and black lines).
Regarding claim 5, Kruse discloses further comprising a display module, wherein the
display module emits image light, the controller is configured to transmit image data to the display module, and to control the projection module to project the structured light or the image light according to operation input, (Para. [0021]).
Regarding claim 14, Kruse discloses wherein the image capture module is a camera, (see
camera 18 Para. [0018]).
Regarding claim 15, Kruse discloses wherein the intelligent mobile terminal is
a phone, (see phone 10 para. [0018]).
Regarding claim 16, Kruse discloses wherein the projection module is a
projector, (see projector 2562 Para. [0024]).
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(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Kruse in view of Higo (Pub 20140078490).
Regarding claim 3, Kruse discloses claim 2. wherein the projection module is configured
to project the structured light onto the surfaces of the test object for a plurality of times thereby forming the stripe pattern each time the projection module projects the structure light onto the surfaces of the test object; the stripe pattern formed by the structured light is configured as a periodic grating stripe pattern with gray scale distributed according to a sine function, (see lines of gray-code patterns, [0023] which may be projected multiple times, Para. [0021]).
However, a range of a phase shift of the stripe pattern is (- ip/2,+pi/2) is not disclosed.
In a similar field of endeavor, Higo discloses a range of a phase shift of the stripe pattern
is (- pi/2,+pi/2), (Para. [0141-0142]). Examiner notes that it is customary to generate three dimensional measurements by phase shifting stripe patterns generated using structured lighting. Further it is noted that the range of phase shifting is known industry standard. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kruse by incorporating phase shifting for the generation of three dimensional measurements.
Regarding claim 4, Kruse discloses projecting structure light pattern on an object
multiple times, (Para. [0023]). However, phase shift of -pi/3, a second stripe pattern having the phase shift of zero (0), and a third stripe pattern having the phase shift of +pi/3, respectively are not disclosed.
However, Higo discloses a range of phase shifts of (- ip/2,+pi/2). Examiner notes
that alternative phase shifts to +pi/2 and +pi/2 are customary so that stripe information may be extracted when projecting structured light onto objects for three-dimensional object measurements. Further it is noted that the range of phase shifting of -pi/3, a second stripe pattern having the phase shift of zero (0), and a third stripe pattern having the phase shift of +pi/3 is known industry standard. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kruse by incorporating phase shifting for the generation of three-dimensional measurements.
Claim(s) 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kruse in view of Chen (CN 108551541 B).
Regarding claim 6, Kruse discloses claim 1. However, wherein the projection module
comprises a light source and a light modulator; the light source emits a first light, and
the light modulator modulates the first light into the structured light having a preset frequency; the projection module projects the structured light having the preset frequency onto surfaces of the test object thereby forming stripe information on the surfaces of the test object.
In a similar field of endeavor, Chen discloses wherein the projection module comprises a light source and a light modulator; the light source emits a first light, and the light modulator modulates the first light into the structured light having a preset frequency; the projection module projects the structured light having the preset frequency onto surfaces of the test object thereby forming stripe information on the surfaces of the test object. (page 5 see laser controller modulating the light of the first wavelength at a first frequency, modulating the light of the second wavelength at a second frequency). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination for the benefit of forming stripe information using different phases thereby generating accurate three-dimensional measurements.
Regarding claim 7, the combination discloses claim 6. However, Kruse does not disclose a laser light source.
In a similar field of endeavor, Kruse discloses wherein the first light is laser, (page 5 see laser light source modulation to the pre-set frequency).
Regarding claim 8, the combination discloses 6. However, wherein the light modulator modulates the first light into the structured light having the preset frequency by superimposing a first structured light with a first preset frequency and a second structured light with a second preset frequency is not disclosed.
In a similar field of endeavor, Chen discloses wherein the light modulator modulates the first light into the structured light having the preset frequency by superimposing a first structured light with a first preset frequency and a second structured light with a second preset frequency, (page 5, see light of the first wavelength passes through the first lens and the second wavelength passes through the second lens, forming coupling light through the dichroic mirror). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination for the benefit of forming stripe information using different phases thereby generating accurate three-dimensional measurements.
Regarding claim 9, the combination discloses claim 8. However, Kruse does not disclose wherein the light modulator further projects the structured light having the preset frequency onto the surfaces of the test object.
In a similar field of endeavor, Chen discloses wherein the light modulator further projects the structured light having the preset frequency onto the surfaces of the test object, (page 5, see coupled light emitted to the object). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination for the benefit of forming stripe information using different phases thereby generating accurate three-dimensional measurements.
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kruse in view of Chen in view of Taubin (Pub 20190101382).
Regarding claim 10, the combination discloses claim 9. However, wherein the controller
is further configured to obtain a spectral image based on the stripe information, the spectral image comprises first phase information of the first structured light, second phase information of the second structured light, and equivalent phase information of the structured light; the first phase information, the second phase information, and the equivalent phase information comprises height information of the test object relative to the intelligent mobile terminal, and the controller is configured to construct the three-dimensional point cloud data of the test object further based on the height information is not disclosed.
In a similar field of endeavor, Taubin discloses wherein the controller is further
configured to obtain a spectral image based on the stripe information, the spectral image comprises first phase information of the first structured light, second phase information of the second structured light, and equivalent phase information of the structured light; the first phase information, the second phase information, and the equivalent phase information comprises height information of the test object relative to the intelligent mobile terminal, and the controller is configured to construct the three-dimensional point cloud data of the test object further based on the height information, (note first phase and second phase determination Para. [0059]. Also note absolute phase calculation, construed as equivalent phase, in Para. [0060]. The phase information determines pixel location in three dimensions, which comprises distance information or height information, which can be used to construed 3D clouds. It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to modify the combination by including different phases so that there dimensional information can be measured as is well known in the art.
Regarding claim 11, the combination discloses claim 10 including obtaining spectral
image based on stipe information. However, Fourier transforming the stipe information is not disclosed.
In a similar field of endeavor, Taubin discloses evaluation stripe information using
Chebyshev polynomials. Examiner notes that a Chebyshev function and Fourier transforms are used to evaluate objects illuminated with structured light patterns. Examiner notes Fourier transforms may be used in place of Chebyshev mathematical calculations for accurate calculation of pixel positions to generate three dimensional measurements. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by replacing one mathematical operation for another for the benefit of generating accurate three-dimensional measurements.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kruse in view of Chen in view of Taubin in view of Chen (U.S. 8385629).
Regarding claim 12, the combination discloses claim 10. However, converting spectral
information of first, second and preset frequency into phase information using inverse Fourier transform is not disclosed.
In a similar field of endeavor, Chen discloses dual frequency scanning wherein a
controller is configured to convert spectral information of the first preset frequency, spectral information the second preset frequency, and the preset frequency of the structured light into phase information by inverse Fourier transform, and obtain the first phase information, the second phase information, and the equivalent phase information, (note converting spectral information into phase information whereby dual frequency scanning is employed col. 7 lines 45-67 and col. 11 lines 15-40). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use known phase determination techniques for computing accurate three-dimensional measurement using the phase information.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kruse in view of Chen in view of Chen (U.S. 8385629).
Regarding claim 13, the combination discloses claim 9. However, first and second
diffraction elements for generating the first and second structured light of respective predetermined frequencies where the first and second structured lights are superimposed are not disclosed.
In a similar field of endeavor, Chen (U.S. 8385629) discloses wherein the light
modulator comprises a first diffraction element and a second diffraction element; the first diffraction element receives the first light and modulates the first light into the first structured light; the second diffraction element receives a portion of the first structured light and modulates the portion of the first structured light into the second structured light having the second predetermined frequency; the first structured light and the second structured light are superimposed to form the structured light having the predetermined frequency, (note dual frequency scanning having respective periods and generating phase information for the dual frequency scanning as well as an equivalent period, col. 7 lines 45-67 and col. 11 lines 15-40. Also note different patterns for the dual frequency scanning may be generated using diffractors such as a DMD, col. 13 lines 40-41). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use known phase determination techniques for computing accurate three-dimensional measurement using the phase information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMAM M SATTI whose telephone number is (571)270-1709. The examiner can normally be reached Mon-Fri.
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HUMAM M. SATTI
Examiner
Art Unit 2422
/BRIAN P YENKE/Primary Examiner, Art Unit 2422
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