DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on Jun 4, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, 17 and 19 are rejected under 35 U.S.C. 103 as
being unpatentable over Bishop et al. (US 2017/0358101 A1, already of record, referred to
herein as “Bishop”) in view of Qu et al. (CN104637048A, already of record, referred to herein
as “Qu”) and in further view of Hollander et al. (US 2019/0378287 A1, referred to herein as “Hollander”).
Regarding claim 1, Bishop discloses: A peering sensor comprising:
an image sensor (Bishop: Fig. 1, paragraphs [0020] – [0021], disclosing an image sensor as part
of a camera module);
an actuator coupled to the image sensor (Bishop: Fig. 1, paragraphs [0024] – [0025], disclosing an
actuator coupled to the camera module);
one or more processors (Bishop: Fig. 1, paragraph [0018], disclosing a processor to drive
interaction between a plurality of device components) operable to:
control the actuator to translate the image… across a travel length at a speed (Bishop: Fig. 2, paragraph
[0032], disclosing that the actuator may cause the camera module—e.g., and associated image
sensor—to move along a horizon plane and/or a picture plane);
control the image… to generate a plurality of images at a frame rate as the image sensor is translated across
the travel length (Bishop: Fig. 3, paragraphs [0033] – [0036], disclosing control of the camera module—
e.g., and associated image sensor—to obtain first and second images at first and second positions
and use the baseline the first and second positions to determine depth; paragraphs [0022] and [0049], disclosing capture of video images during successive capture periods—e.g., frame rate); and
continuously generate real-time depth images from the plurality of images (Bishop: Fig. 5, paragraph
[0043], disclosing generation of a composite image showing the disparity of various feature points ;
paragraph [0050], disclosing that the depth may be determined from multiple images in succession—
e.g., continuous depth determination).
Bishop does not explicitly disclose: translate the image sensor and control the image sensor to
generate images and generate real-time depth images using motion parallax.
However, Qu discloses: translate the image sensor and control the image sensor to generate
images (Qu: page 2, disclosing movement of an imaging device to two different positions to capture
two images).
At the time the application was effectively filed, it would have been obvious for a person
having ordinary skill in the art to use the image sensor translation of Qu in the sensor of Bishop.
One would have been motivated to modify Bishop in this manner in order to provide a
single camera analog to a stereo camera system with reduced cost and difficulty, improved quality,
accuracy and efficiency (Qu: page 1).
Bishop and Qu do not explicitly disclose: generate real-time depth images using motion parallax.
However, Hollander discloses: generate real-time depth images using motion parallax (Hollander: paragraphs [0038] and [0064], disclosing real-time determination of depth using motion parallax of a single camera that is moved between two or more points).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the motion parallax depth determination of Hollander in the sensor of Bishop and Qu.
One would have been motivated to modify Bishop and Qu in this manner in order to determine depth quickly with optimal use of processing and power (Hollander: paragraph [0011]).
Regarding claim 2, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, further
comprising: a sensor base coupled to the image sensor (Bishop: Fig. 2, paragraph [0031], disclosing a camera
module coupled to the image sensor); and a lead screw coupled to the sensor base and the actuator, wherein the
actuator comprises a stepper motor operable to translate the sensor base and the image sensor back and forth along the
travel length defined by the lead screw (Qu: page 2, disclosing use of a stepper motor and device capable of
converting a rotary motion of the stepping motor into a linear motion—e.g., a screw—to drive the
sensor bass back and forth along the travel length).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 3, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, further
comprising: a sensor base coupled to the image sensor (Bishop: Fig. 2, paragraph [0031], disclosing a camera
module coupled to the image sensor); a lead screw coupled to the actuator; and a link arm coupled to the lead
screw and the sensor base, wherein the actuator comprises a stepper motor operable to translate the link arm back and
forth along the lead screw such that the sensor base and the image sensor translate back and forth along the travel
length (Qu: page 2, disclosing use of a stepper motor with link and device capable of converting a
rotary motion of the stepping motor into a linear motion—e.g., a screw—to drive the sensor bass
back and forth along the travel length).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 4, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, wherein the
actuator comprises a piezoelectric actuator operable to translate the image sensor along the travel length (Bishop:
paragraph [0025], disclosing use of a piezoelectric actuator).
Regarding claim 6, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, wherein the
travel length is within a range of 5 micrometers to 50 millimeters (Bishop: paragraph [0020], disclosing image
sensor travel movement of less than 4 millimeters).
Regarding claim 8, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, wherein the
depth image is generated by triangulation (Bishop: paragraph [0036], disclosing calculation of depth; Qu:
Figs. 1-2, page 1, disclosing stereo vision calculation by triangulation).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 10, Bishop, Qu and Hollander disclose: A method of generating real-time depth images (Bishop: paragraphs [0004] – [0005]; Hollander: paragraph [0038], disclosing real-time determination of depth), the method comprising:
translating an image sensor of a peering sensor across a travel length at a speed (Bishop: Fig. 2, paragraph
[0032], disclosing that the actuator may cause the camera module—e.g., and associated image
sensor—to move along a horizon plane and/or a picture plane; Qu: page 2, disclosing movement of
an imaging device to two different positions to capture two images);
capturing a plurality of images as the image sensor translates across the travel length (Bishop: Fig. 3,
paragraphs [0033] – [0036], disclosing control of the camera module—e.g., and associated image
sensor—to obtain first and second images at first and second positions and use the baseline the first
and second positions to determine depth; paragraphs [0022] and [0049], disclosing capture of video
images during successive capture periods—e.g., frame rate; Qu: page 2, disclosing movement of an
imaging device to two different positions to capture two images); and
continuously generating the depth images from the plurality of images using motion parallax (Bishop: Fig. 5, paragraph [0043], disclosing generation of a composite image showing the disparity of various feature points; paragraph [0050], disclosing that the depth may be determined from multiple images in succession—e.g., continuous depth determination; Hollander: paragraphs [0038] and [0064], disclosing determination of depth using motion parallax of a single camera that is moved between two or more points).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 11, Bishop, Qu and Hollander disclose: The method of claim 10, wherein the depth image is generated by triangulation (Bishop: paragraph [0036], disclosing calculation of depth; Qu: Figs. 1- 2, page 1, disclosing stereo vision calculation by triangulation).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 12, Bishop, Qu and Hollander disclose: The method of claim 10, wherein the peering sensor further comprises an actuator operable to translate the image sensor across the travel length (Bishop: Fig. 1, paragraphs [0024] – [0025], disclosing an actuator to move the image sensor).
Regarding claim 13, Bishop, Qu and Hollander disclose: The method of claim 12, wherein the peering sensor further comprises: a sensor base coupled to the image sensor (Bishop: Fig. 2, paragraph [0031], disclosing a camera module coupled to the image sensor); and a lead screw coupled to the sensor base and the actuator, wherein the actuator comprises a stepper motor operable to translate the sensor base and the image sensor back and forth along the travel length defined by the lead screw (Qu: page 2, disclosing use of a stepper motor and device capable of converting a rotary motion of the stepping motor into a linear motion—e.g., a
screw—to drive the sensor bass back and forth along the travel length).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 14, Bishop, Qu and Hollander disclose: The method of claim 12, wherein the peering sensor further comprises: a sensor base coupled to the image sensor (Bishop: Fig. 2, paragraph [0031], disclosing a camera module coupled to the image sensor); a lead screw coupled to the actuator; and a link arm coupled to the lead screw and the sensor base, wherein the actuator comprises a stepper motor operable to translate the link arm back and forth along the lead screw such that the sensor base and the image sensor translate back and forth along the travel length (Qu: page 2, disclosing use of a stepper motor with link and device capable of converting a rotary motion of the stepping motor into a linear motion—e.g., a screw—to drive the sensor bass back and forth along the travel length).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Regarding claim 15, Bishop, Qu and Hollander disclose: The method of claim 12, wherein the actuator comprises a piezoelectric actuator operable to translate the image sensor along the travel length (Bishop: paragraph [0025], disclosing use of a piezoelectric actuator).
Regarding claim 17, Bishop, Qu and Hollander disclose: The method of claim 10, wherein the travel length is within a range of 5 micrometers to 50 millimeters (Bishop: paragraph [0020], disclosing image sensor travel movement of less than 4 millimeters).
Regarding claim 19, Bishop, Qu and Hollander disclose: The method of claim 10, wherein the depth image is generated by triangulation (Bishop: paragraph [0036], disclosing calculation of depth; Qu: Figs. 1-2, page 1, disclosing stereo vision calculation by triangulation).
The motivation for combining Bishop, Qu and Hollander has been discussed in connection with claim 1, above.
Claims 5, 7, 9, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over
Bishop in view of Qu and Hollander as applied to claim 1/10 above, and further in view of Joshi et al. (WO 2025/088159 A1, already of record, referred to herein as “Joshi”).
Regarding claim 5, Bishop, Qu and Hollander disclose: The peering sensor of claim 1, as discussed above.
Bishop, Qu and Hollander do not explicitly disclose: wherein the one or more processors are operable to dynamically adjust one or more of the speed of the image sensor and the frame rate of the image sensor to dynamically
adjust a depth estimation distance of the peering sensor.
However, Joshi discloses: wherein the one or more processors are operable to dynamically adjust one or
more of the speed of the image sensor and the frame rate of the image sensor to dynamically adjust a depth estimation
distance of the peering sensor (Joshi: paragraph [0111], disclosing dynamic adjustment of frequency of
image acquisition—e.g., frame rate; paragraphs [0272] – [0273], disclosing use of adjusted frequency
to obtain depth data).
At the time the application was effectively filed, it would have been obvious for a person
having ordinary skill in the art to use the dynamic adjustment of Joshi in the peering sensor of
Bishop, Qu and Hollander.
One would have been motivated to modify Bishop, Qu and Hollander in this manner in order to increase accuracy of image data particular in applications of medical instruments (Joshi: paragraph [0003]).
Regarding claim 7, Bishop, Qu, Hollander, and Joshi disclose: The peering sensor of claim 1, wherein the frame rate is within a range of 0 to 250 Hz (Bishop: paragraph [0022], disclosing capture of images in successive capture periods in rapid succession; Joshi: paragraph [0087], disclosing frame rates of between 20 and 100).
The motivation for combining Bishop, Qu, Hollander, and Joshi has been discussed in
connection with claim 5, above.
Regarding claim 9, Bishop, Qu, Hollander, and Joshi disclose: The peering sensor of claim 1, further comprising an endoscopic tube coupled to the actuator (Joshi: Fig. 2, paragraph [0172], disclosing an
endoscopic tube coupled to the imaging system; Bishop: Fig. 1, paragraphs [0024] – [0025],
disclosing an actuator as part of the imaging system).
The motivation for combining Bishop, Qu, Hollander, and Joshi has been discussed in
connection with claim 5, above.
Regarding claim 16, Bishop, Qu, Hollander, and Joshi disclose: The method of claim 10, further
comprising dynamically adjusting one or more of the speed of the image sensor and a frame rate of the image sensor to
dynamically adjust a depth estimation distance of the peering sensor (Joshi: paragraph [0111], disclosing
dynamic adjustment of frequency of image acquisition—e.g., frame rate; paragraphs [0272] – [0273],
disclosing use of adjusted frequency to obtain depth data).
The motivation for combining Bishop, Qu, Hollander, and Joshi has been discussed in
connection with claim 5, above.
Regarding claim 18, Bishop, Qu, Hollander, and Joshi disclose: The method of claim 10, wherein a frame rate is within a range of 0 to 250 Hz (Bishop: paragraph [0022], disclosing capture of images in
successive capture periods in rapid succession; Joshi: paragraph [0087], disclosing frame rates of
between 20 and 100).
The motivation for combining Bishop, Qu, Hollander, and Joshi has been discussed in
connection with claim 5, above.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Joshi in view of
Bishop and in further view of Qu and Hollander.
Regarding claim 20, Joshi discloses: An endoscope (Joshi: paragraph [0002], disclosing an
endoscope) comprising:
an endoscopic tube (Joshi: Figs. 2 and 3A, paragraph [0172], disclosing an endoscopic tube);
a peering sensor positioned at an end of the endoscopic tube (Joshi: paragraph [0180], disclosing an
imaging system), the peering sensor comprising:
a housing (Joshi: paragraph [0163], disclosing a housing that includes the imaging system);
at least one light source at the housing (Joshi: paragraphs [0180] and [0225], disclosing an external
light source);
a window at the housing (Joshi: Figs. 4A and 4B, paragraphs [0184] – [0185], disclosing a
window to the imaging system including alignment optics);
[…]
an image sensor within the housing (Joshi: Fig. 3A, paragraphs [0027], [0166] and [0179],
disclosing an image sensor within the housing)… and having a field of view through the window (Joshi: Fig. 3A, paragraph [0266], disclosing a field of view associated with the image sensor);
one or more processors (Joshi: paragraph [0032], disclosing processors) programmed to:
[…];
control the image sensor to generate a plurality of images at a frame rate (Joshi: paragraphs [0107] –
[0108], disclosing control of the image sensor to capture video images at a frame rate)…; and
continuously generate real-time depth images from the plurality of images… (Joshi: paragraph [0107], disclosing that depth information may be extracted from the images to generate a depth map or 3D image; paragraph [0111], disclosing continuous generation of depth data).
Joshi does not explicitly disclose:
a micro-linear actuator disposed within the housing;
an image sensor coupled to the micro-linear actuator,
control the micro-linear actuator to translate the image sensor across a travel length at a speed;
generate images as the sensor is translated across the travel length; and
generate real-time depth images using motion parallax.
However, Bishop discloses:
a micro-linear actuator disposed within the housing (Bishop: paragraph [0028], disclosing that the
lens actuator may produce sufficiently linear translations of the lens);
an image sensor coupled to the micro-linear actuator (Bishop: Fig. 1, paragraphs [0020] – [0021],
disclosing an image sensor as part of a camera module; paragraphs [0024] – [0025], disclosing an
actuator coupled to the camera module),
control the micro-linear actuator to translate the image… across a travel length at a speed (Bishop: Fig. 2, paragraph [0032], disclosing that the actuator may cause the camera module—e.g., and associated
image sensor—to move along a horizon plane and/or a picture plane);
generate images as the sensor is translated across the travel length (Bishop: Fig. 3, paragraphs [0033]
– [0036], disclosing control of the camera module—e.g., and associated image sensor—to obtain
first and second images at first and second positions and use the baseline the first and second
positions to determine depth).
At the time the application was effectively filed, it would have been obvious to use the
actuator of Bishop in the endoscope of Joshi.
One would have been motivated to modify Joshi in this manner in order to more easily
determine depth with reduced number of image system components (Bishop: paragraphs [0001] –
[0003]).
Joshi and Bishop do not explicitly disclose translating the image sensor across a travel length and generating real-time depth images.
However, Qu discloses translating the image sensor across a travel length (Qu: page 2,
disclosing movement of an imaging device to two different positions to capture two images).
At the time the application was effectively filed, it would have been obvious for a person
having ordinary skill in the art to use the image sensor translation of Qu in the endoscope of Joshi
and Bishop.
One would have been motivated to modify Joshi and Bishop in this manner in order to
provide a single camera analog to a stereo camera system with reduced cost and difficulty, improved
quality, accuracy and efficiency (Qu: page 1).
Joshi, Bishop, and Qu do not explicitly disclose: generate real-time depth images using motion parallax.
However, Hollander discloses: generate real-time depth images using motion parallax (Hollander: paragraphs [0038] and [0064], disclosing real-time determination of depth using motion parallax of a single camera that is moved between two or more points).
At the time the application was effectively filed, it would have been obvious for a person having ordinary skill in the art to use the motion parallax depth determination of Hollander in the sensor of Joshi, Bishop and Qu.
One would have been motivated to modify Joshi, Bishop and Qu in this manner in order to determine depth quickly with optimal use of processing and power (Hollander: paragraph [0011]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Braniff whose telephone number is (571) 270-5009. The examiner can normally be reached M-F 7AM to 4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CHRISTOPHER T. BRANIFF
Primary Examiner
Art Unit 2484
/CHRISTOPHER BRANIFF/Primary Examiner, Art Unit 2484
Prosecution Insights