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 .
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.
Response to Amendment
The following addresses applicant’s remarks/amendments dated 8th February, 2022.
Claims 1, 13, 16, 18, and 19 were amended; claims 11, 12, and 20 were cancelled; no new Claims were added; therefore, claims 1-20 are pending in current application and are addressed below.
Response to Arguments
Applicant's arguments filed 10 July 2025 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here, Applicant argues that Warke does not teach "generation circuit configured to generate a plurality of transmission pulses of which a strength of an optical signal changes in a pulse-like manner, the plurality of the transmission pulses being formed so that phases in a plurality of respective regions of the transmission pulse can be different from each other, and being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses", and
"distance calculation circuit configured to calculate a distance to the distance-measurement target object based on a receiving timing of the received reflected pulse and a transmitting timing of the transmission pulse corresponding to the phase difference detected from the reflected pulse" in claims 1 and 6 (pgs. 7-11 of Applicant’s remarks). However, as detailed in the 20 April 2025 office action, Jales teaches a generation circuit generating a plurality of transmission pulses with strength changing in a pulse-like manner with phases in a plurality of respective regions of the transmission pulse different from each other (pulse generator 242 in Fig. 2, [0089-90, 104-15], phase modulation shown in Fig. 5B, [0104-105]; multiple pulses, [0044]). Jales did not explicitly teach the signal generator was used to generate an optical signal, but does indicate that the techniques could be used in lidar ([0099]). Warke discusses a signal generator in lidar ([0020, 26, 35]). Additionally, Jales does not explicitly teach the transmission order, but does discuss a binary code can be used for phase-modulation (Jales:[0104]). Warke teaches the pseudo-random ordering in [0026] which one of ordinary skill in the art would recognize as providing a code (and transmission order) for the phase modulations of Jales. Additionally, Jales shows the correlation of the detected and emitted phase-modulated signals (Figs. 5B, 6B, [0104-105]) used to calculate the distance to the target. One of ordinary skill in the art would recognize that the range calculated from the correlation is based on both the receive time of the pulse and transmitting time of the pulse. Therefore, Applicant’s arguments are not persuasive.
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.
Claims 1-4 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Jales US 20180259618 A1 in view of Warke US 20170329010 A1.
Regarding claim 1, Jales teaches a distance-measurement apparatus comprising:
generation circuit configured to generate a plurality of transmission pulses of which a strength of an changes in a pulse-like manner, the plurality of transmission pulses being formed so that phases in a plurality of respective regions of the transmission pulse can be different from each other, (pulse generator 242 in Fig. 2, [0089-90, 104-105]; phase modulation shown in Fig. 5B, [0104-105]; multiple pulses, [0044]);
transmission circuit configured to repeatedly transmit the generated transmission pulses (transceiver 234 in Fig. 2, [0086-89]);
reception circuit configured to receive reflected pulses of the transmission pulses reflected on a distance-measurement-target object (transceiver 234 in Fig. 2, [0086-89]);
detection circuit configured to detect a phase difference between phases in a plurality of respective regions of the received reflected pulse (correlator 244, [0089-91, 104-105]; correlation between phase modulated signals detect the phase difference between all portions of the signal); and
distance calculation circuit configured to calculate distance to the distance-measurement-target object corresponding to the phase difference detected from the reflected pulse (Figs. 5B, 6B; [0104-105]; correlation 3).
Jales does not explicitly teach an optical signal, the plurality of transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses, and calculate distance to the distance-measurement-target object based on a receiving timing of the received reflected pulse and a transmitting timing of the transmission pulse.
Warke teaches optical time of flight distance measurement for coded orthogonal pulses and ([0020, 26, 35]; one of ordinary skill in the art would recognize that modifying Jales to perform their ranging with an optical system would be obvious as both use similar physics and equipment to perform ranging); and transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses (using pseudo-random generators to vary the code of pulses, [0026]; this would result in the code being different for each pulse of Jales).
Additionally, Jales does show the received pulse in units of range and it is well-known in the art that range and time of flight are directly proportional.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jales to use an optical signal, transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses, and calculate distance to the distance-measurement-target object based on a receiving timing of the received reflected pulse and a transmitting timing of the transmission pulse similar to Warke with a reasonable expectation of success. This would have the predictable result of using well-known ranging waves and methods to determine the range to a target.
Regarding claim 6, Jales teaches a distance-measurement method comprising:
generating a plurality of transmission pulses of which a strength of a signal changes in a pulse-like manner, the plurality of transmission pulses being formed so that phases in a plurality of respective regions of the transmission pulse can be different from each other, (pulse generator 242 in Fig. 2, [0089-90, 104-105]; phase modulation shown in Fig. 5B, [0104-105]; multiple pulses, [0044]);
repeatedly transmitting the generated transmission pulses (transceiver 234 in Fig. 2, [0044,86-89]);
receiving reflected pulses of the transmission pulses reflected on a distance-measurement-target object (transceiver 234 in Fig. 2, [0086-89]);
detecting a phase difference between phases in a plurality of respective regions of the received reflected pulse (correlator 244, [0089-91, 104-105]; correlation between phase modulated signals detect the phase difference between all portions of the signal); and
calculating a distance to the distance-measurement-target object corresponding to the phase difference detected from the reflected pulse (Figs. 5B, 6B; [0104-105]; correlation).
Jales does not explicitly teach an optical signal, the plurality of transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses, and calculate distance to the distance-measurement-target object based on a receiving timing of the received reflected pulse and a transmitting timing of the transmission pulse.
Warke teaches optical time of flight distance measurement for coded orthogonal pulses and ([0020, 26, 35]; one of ordinary skill in the art would recognize that using modifying Jales to perform their ranging with an optical system would be obvious as both use similar physics and equipment to perform ranging); and transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses (using pseudo-random generators to vary the code of pulses, [0026]; this would result in the code being different for each pulse of Jales).
Additionally, Jales does show the received pulse in units of range and it is well-known in the art that range and time of flight are directly proportional.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jales to use an optical signal, transmission pulses being formed so that a phase difference between the phases in the plurality of respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses, and calculate distance to the distance-measurement-target object based on a receiving timing of the received reflected pulse and a transmitting timing of the transmission pulse similar to Warke with a reasonable expectation of success. This would have the predictable result of using well-known ranging waves and methods to determine the range to a target.
Regarding claims 2 and 7, Jales as modified above teaches the distance-measurement apparatus according to claim 1 and distance-measurement method of claim 6, wherein the generation circuit is configured to generate the plurality of transmission pulses, the plurality of transmission pulses being formed so that the phases in two respective regions of the transmission pulse can be different from each other (Fig. 5B, [0104-105]),
Jales does not explicitly teach being formed so that the phase difference between the phases in the two respective regions of the transmission pulse is changed according to the transmission order of the transmission pulses.
Warke teaches using pseudo-random generators to vary the code of pulses ([0026]; this would result in the code being different for each pulse of Jales).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jales such that the plurality of transmission pulses being formed so that a phase difference between the phases in the two respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses similar to Warke with a reasonable expectation of success. This would have the predictable result of distinguishing between each pulse and allowing the correlator to identify return signals.
Regarding claims 3 and 8, Jales as modified above teaches the distance-measurement apparatus according to claim 1 and distance-measurement method of claim 6, wherein the generation circuit is configured to generate the plurality of transmission pulses, the plurality of transmission pulses being formed so that the phases in N respective regions (N is equal to or greater than three) of the transmission pulse can be different from one another, (Fig. 5B, [0104-105]).
Jales does not explicitly teach being formed so that the phase difference between the phases in the N respective regions of the transmission pulse is changed according to the transmission order of the transmission pulses.
Warke teaches using pseudo-random generators to vary the code of pulses ([0026]; this would result in the code being different for each pulse of Jales).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jales such that the plurality of transmission pulses being formed so that a phase difference between the phases in the N respective regions of the transmission pulse is changed according to a transmission order of the transmission pulses similar to Warke with a reasonable expectation of success. This would have the predictable result of distinguishing between each pulse and allowing the correlator to identify return signals.
Regarding claims 4 and 9, Jales as modified above teaches the distance-measurement apparatus according to claim 1 and distance-measurement method of claim 6, wherein the generation circuit generates the transmission pulses by modulating the optical signal having a reference frequency so that phases in a plurality of respective regions of a modulation signal having a frequency offset from the reference frequency can be different from one another ([0104-105]).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jales US 20180259618 A1 in view of Warke US 20170329010 A1 and further in view of Gilliland US 20170372602 A1.
Regarding claims 5 and 10, Jales as modified above teaches the distance-measurement apparatus according to claim 1 and distance-measurement method of claim 6,
Jales does not explicitly teach wherein the generation circuit generates the plurality of transmission pulses by using a phase difference table in which the transmission order of the transmission pulses is associated with the phase differences thereof, and the distance calculation circuit calculates the distance to the distance-measurement-target object based on the receiving timing of the reflected pulse and the transmitting timing of the transmission pulse associated with the reflected pulse by using the phase difference table.
Gilliland teaches modulations in a lookup table ([0039]).
Additionally, lookup tables are well-known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jales such that the generation circuit generates the plurality of transmission pulses by using a phase difference table in which the transmission order of the transmission pulses is associated with the phase differences thereof, and the distance calculation circuit calculates a distance to the distance-measurement-target object based on a receiving timing of the reflected pulse and a transmitting timing of the transmission pulse associated with the reflected pulse by using the phase difference table similar to Gilliland with a reasonable expectation of success. This would have the predictable result of providing easily accessible codes for modulating signals.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stochino US 20200041616 A1 teaches phase modulation with a binary or quaternary code embedded ([0059], Fig. 7A-7B)
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C FRITCHMAN whose telephone number is (571)272-5533. The examiner can normally be reached M-F 8:00 am - 5:00 pm.
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, Isam Alsomiri can be reached on 571-272-6970. 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.
/J.C.F./Examiner, Art Unit 3645
/LUKE D RATCLIFFE/Primary Examiner, Art Unit 3645