Application No.: 17/316,760
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`Docket No.: 083710-3336
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`I.
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`Introduction
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`REMARKS
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`In response to the pending Office Action, Applicants respectfully traverse the rejection of
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`the claims under 35 U.S.C. § 112, second paragraph, and under 35 U.S.C. § 102 for the reasons set
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`forth below. In addition, new claims 15-18 have been added. Support for the new claims can be
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`found, for example, in paragraphs [0227]-[0232] of the specification. No new matter has been
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`added.
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`
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`IL. The Rejection Of The Claims Under 35 U.S.C.§112, Second Paragraph
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`Claims 1-14 were rejected under 35 U.S.C. § 112, second paragraph, and the pending
`
`rejection asserts that there is not proper antecedent support for the term “the data” in claim 1 or
`
`claim 13. However, both claims | and 13 recite the phrase “the signal processing circuit generates
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`data”. For example, claim | recites: the signal processing circuit generates data indicating a state
`
`of the target based on a temporal changein thefirst image data and a temporal changein the
`
`
`second image data and outputs the data. As such, Applicants respectfully submit that claim 1
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`provides a proper antecedent basis for the term “the data”.
`
`Similar to claim 1, claim 13 recites: generating data indicating a state ofthe target based on
`
`a temporal changein thefirst image data and a temporal changein the second image data and
`
`
`outputting the data. As such, claim 13 also provides a proper antecedent basis for the term “the
`
`data”.
`
`In view ofthe foregoing, it is respectfully submitted that both claim 1 and claim 13 provide
`
`a proper antecedentbasis for all elements recited therein, and therefore the rejection should be
`
`withdrawn.
`
`
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`Docket No.: 083710-3336
`
`I.
`
`Introduction
`
`REMARKS
`
`In response to the pending Office Action, Applicants respectfully traverse the rejection of
`
`the claims under 35 U.S.C. § 112, second paragraph, and under 35 U.S.C. § 102 for the reasons set
`
`forth below. In addition, new claims 15-18 have been added. Support for the new claims can be
`
`found, for example, in paragraphs [0227]-[0232] of the specification. No new matter has been
`
`added.
`
`
`
`IL. The Rejection Of The Claims Under 35 U.S.C.§112, Second Paragraph
`
`Claims 1-14 were rejected under 35 U.S.C. § 112, second paragraph, and the pending
`
`rejection asserts that there is not proper antecedent support for the term “the data” in claim 1 or
`
`claim 13. However, both claims | and 13 recite the phrase “the signal processing circuit generates
`
`data”. For example, claim | recites: the signal processing circuit generates data indicating a state
`
`of the target based on a temporal changein thefirst image data and a temporal changein the
`
`
`second image data and outputs the data. As such, Applicants respectfully submit that claim 1
`
`provides a proper antecedent basis for the term “the data”.
`
`Similar to claim 1, claim 13 recites: generating data indicating a state ofthe target based on
`
`a temporal changein thefirst image data and a temporal changein the second image data and
`
`
`outputting the data. As such, claim 13 also provides a proper antecedent basis for the term “the
`
`data”.
`
`In view ofthe foregoing, it is respectfully submitted that both claim 1 and claim 13 provide
`
`a proper antecedentbasis for all elements recited therein, and therefore the rejection should be
`
`withdrawn.
`
`
`
`Application No.: 17/316,760
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`Docket No.: 083710-3336
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`
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`Ill. The Rejection Of The Claims Under 35 U.S.C.§102
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`Claims 1-3, 9 and 12-14 were rejected under 35 U.S.C. § 102 as being anticipated by USP
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`Pub. No. 2017/0289568 to Fujii. For at least the following reasons, it is respectfully submitted that
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`all pending claims are patentable over Fujii.
`
`Claim 1 recites in-part:
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`a light source that emits a light pulse radiated onto a target part including a head of a
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`target;
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`an image sensorthat receives a reflected light pulse which is caused as the light pulse
`is radiated onto the target part, and that outputs first image data indicating appearance of a
`face of the target and second image data according to distribution of an amountoflight of at
`least one of componentsofthe reflected light pulse;
`
`a control circuit that controls the light source and the image sensor; and
`the signal processing circuit generates data indicating a state of the target based on
`a temporal changein the first image data and a temporal change in the second image data
`and outputs the data.
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`Thus, in accordance with claim 1, the image sensor outputsfirst image data indicating
`
`
`appearance ofa face of the target, and the signal processing circuit generates data indicating a
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`state of the target based on a temporal changein thefirst image data and a temporal change in the
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`second image data and outputs the data. Nowhere does Fuji disclose or suggest the foregoing
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`highlighted elements of claim 1.
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`More specifically, nowhere does Fujii disclose or suggest generating any image data
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`indicating the appearance of the face of the target(first data). As such,it is also clear that Fujii
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`fails to disclose or suggest generating data indicating the state of the target based on a temporal
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`changein thefirst data. Indeed, the specification of Fujii does not even mention the term “face,”
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`muchless suggest generating image data indicating the appearance of the face of the target. Thus,
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`
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`Application No.: 17/316,760
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`Docket No.: 083710-3336
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`for at least these reasons, it is clear that Fujii does not disclose or suggest the foregoing elements of
`
`claim 1.
`
`Turning to claim 13, claim 13 recites in-part:
`
`
`causing the image sensorto outputfirst image data indicating appearance ofa face
`of the target;
`
`
`generating data indicating a state of the target based on a temporal change in the
`first image data and a temporal change in the second image data and outputting the data.
`
`Asclaim 13 recites elements corresponding the elements of claim 1 discussed above, it is
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`respectfully submitted that claim 13 is also patentable over Fujii for the same reasonsas claim 1.
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`Finally, as claim 14 recites the same elements as claim 13 noted above, claim 14 is also
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`patentable over Fujii for the same reasonsas claims 1 and 13.
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`IV.
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`Dependent Claims
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`UnderFederal Circuit guidelines, a dependent claim is nonobviousif the independent claim
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`upon whichit dependsis allowable becauseall the limitations of the independent claim are
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`contained in the dependent claims, Hartness InternationalInc. v. Simplimatic Engineering Co., 819
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`F.2d at 1100, 1108 (Fed. Cir. 1987). Accordingly, as the pending independentclaimsare patentable
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`for at least the reasonsset forth above, it is respectfully submitted that all claims dependent thereon
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`are also patentable.
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`V.
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`Summary
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`Having fully respondedto all matters raised in the Office Action, Applicants submit thatall
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`claims are in condition for allowance, an indication for which is respectfully solicited. If there are
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`9
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`
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`Application No.: 17/316,760
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`Docket No.: 083710-3336
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`any outstanding issues that might be resolved by an interview or an Examiner’s amendment, the
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`Examineris requested to call Applicants’ attorney at the telephone number shownbelow.
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`Respectfully submitted,
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`RIMON,P.C.
`
`/Michael E. Fogarty/
`
`MichaelE. Fogarty
`Registration No. 36,139
`
`8300 Greensboro Dr., Suite 500
`McLean, VA, 22102
`Phone/Fax: (571) 765-7716
`Date: December 21, 2023
`
`Please recognize our Customer No. 53080
`as our correspondence address.
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`10
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