Office Action Predictor
Application No. 17/462,674

DISTANCE MEASURING DEVICE AND DISTANCE MEASURING METHOD

Final Rejection §103
Filed
Aug 31, 2021
Examiner
CHEN, CHIA-LING
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kabushiki Kaisha Toshiba
OA Round
2 (Final)
44%
Grant Probability
Moderate
3-4
OA Rounds
4y 2m
To Grant
99%
With Interview

Examiner Intelligence

44%
Career Allow Rate
11 granted / 25 resolved
Without
With
+63.6%
Interview Lift
avg trend
4y 2m
Avg Prosecution
32 pending
57
Total Applications
career history

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
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 (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. Response to Amendment The following address applicant’s remarks/amendments date 12th June 2025. Claims 1, 9, 11, 13-15 and 18 were amened; claims 3 and 10 were cancelled; new claims 19-22 were added; therefore, claim 1-2, 4-9 and 11-22 are pending in current application and are addressed below. The objections to Fig. 7B, Fig. 10 and Fig. 13 and have been withdrawn. The rejections to claim 9-15 under U.S.C. 112(b) have been withdrawn. Response to Arguments Applicant's arguments filed 12th June 2025 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim(s) 1-2, 4-9 and 11-22 have been considered but are moot because the arguments do not apply to the specific combination of the reference being used in the current rejection. In response to applicant’s argument that references fail to show certain features of applicant’s invention, it is noted that features upon which applicant relies (i.e., “wherein the detector sets a threshold value … a blanking period when the digital signal is generated”) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). [[Here, Applicant argues that Kubot modified in view of Nakamura fails to teach or suggest that “the detector sets a threshold value…..when the digital signal is generated”.]] However, these claim limitations were not present in the original independent claims and were presented by amendment on 12th June 2025. Therefore, the issue of whether Kubot and Nakamura addresses these limitations are not relevant. These amended claims containing new limitations have been addressed by Clark in the present Office Action. Claim Objections Claim 20 is objected to because of the following informalities: Regarding claim 20, line 4, “electrical signals” should read “the electrical signals” because it recited to claim 20, line 3, “electrical signals”. Appropriate correction is required. 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 1-2, 4-9, 11-12, and 16-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kubota et al. (US 20170363740 A1, “Kubota”), modified in view of Nakamura et al. (US 20050200833 A1, “Nakamura”), in view of Clark (US 11415682 B1, “Clark”). Regarding claim 1, Kubota teaches a distance measuring device comprising: an averaging processor (Kubota; [0079], [0158] time-division integration circuitry 318) configured to average a digital signal obtained by digitizing reflected light of laser light and generate a time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158] a plurality of reflected light of pulse n (Fig. 11A) and reflected light of pulse n+1 (Fig. 11B) were added up to get the result of time-division integration); Kubota does not teach, a detector configured to detect a rise time at which the time-series luminance signal reaches a threshold; and a distance measuring circuit configured to measure a distance to an object based on a time difference between a timing based on the rise time and a radiation timing of the laser light. Nakamura teaches a detector configured to detect a rise time at which the time-series luminance signal reaches a threshold (Nakamura; Fig. 14B, Fig. 15 [0074] line 10, [0075], detect rising time based on threshold); and a distance measuring circuit configured to measure a distance to an object based on a time difference between a timing based on the rise time and a radiation timing of the laser light (Nakamura; [0074],[0075], [0078], calculate the time difference to determine the distance of object). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include a detector configured to detect a rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light taught by Nakamura with a reasonable expectation of success. The reasoning for this is to accurate detect the reflected time by average of the rising time and the falling time and measure the distance of object (Nakamura; [0074],[0075], [0078]). However, Kubota as modified in view of Nakamura still not teach, Wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated. Clark teaches, Wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated (Clark; Fig. 3, column 9, paragraph 3, disclosed uses an ambient-light compensator 302 to set threshold 218 according to a background level when photodetector 132 is not detecting light-pulse emission (e.g., emitted light pulse 112 and/or reflected light pulse); equivalent to the laser light is not radiated or under a blanking period; during a time when reflected light pulse 116 will not be detected by photodetector 130, hold trigger 312 changes state, causing sample-and-hold circuit 360 to enter a hold mode (amplified background level from sample 310) and set threshold 218 according to sample 310 (equivalent to increase in value as the maximum value of the digital signal increases)). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include a detector configured to detect a rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light taught by Nakamura, include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for this is to set up the threshold level based on the ambient light when the photodetector is not detecting light-pulse emission (Clark; Fig. 3, column 9, paragraph 3). Regarding claim 2, Kubota as modified above teaches the distance measuring device recited in claim 1. Kubota does not teach, further comprising a noise reducing circuit configured to reduce floor noise corresponding to an intensity of ambient light from the time-series luminance signal, wherein the time-series luminance signal in the detector is a time-series luminance signal from which the floor noise has been reduced. Nakamura teaches, further comprising a noise reducing circuit configured to reduce floor noise corresponding to an intensity of ambient light from the time-series luminance signal, wherein the time-series luminance signal in the detector is a time-series luminance signal from which the floor noise has been reduced (Nakamura; Fig. 12 [0068]-[0070], noise is subtracted from the data of the summation signal). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include a noise reducing circuit configured to reduce floor noise corresponding to an intensity of ambient light from the time-series luminance signal taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for introducing include a noise reducing circuit configured to reduce floor noise corresponding to an intensity of ambient light from the time-series luminance signal is to remove the floor noise based on the environment and increase the SNR (Nakamura; [0055], [0056], [0074], [0075], [0078]). Regarding claim 4, Kubota as modified above teaches the distance measuring device recited in claim 1, wherein the averaging processor averages a plurality of time-series digital signals to generate the time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158], the averaging processor is defined as time-division integration process in the prior art. A plurality of reflected light of pulse (Fig. 11A and Fig. 11B) were added up to generate the time-division integration signal (Fig. 11C)). Regarding claim 5, Kubota as modified above teaches the distance measuring device recited in claim 1, wherein the averaging processor averages a plurality of time-series digital signals based on similarity between them to generate the time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158], the averaging processor is defined as time-division integration process in the prior art. Averaging processor averages a plurality of time-series digital signals based on similarity between them (Fig. 11A and Fig. 11B reflected light from target object 10). Regarding claim 6, Kubota as modified above teaches the distance measuring device recited in claim 1, wherein the averaging processor averages a plurality of time-series digital signals based on similarity of at least either a floor noise level or a peak position between them to generate the time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158], the averaging processor is defined as time-division integration process in the prior art. Averaging processor averages a plurality of time-series digital signals based on similarity of a peak position between them (Fig. 11A and Fig. 11B, a peak of reflected light from target object 10)). Regarding claim 7, Kubota as modified above teaches the distance measuring device recited in claim 4, wherein the time-series digital signals correspond to laser light radiated to different directions or laser light radiated at different timings, respectively (Kubota; Fig. 11, [0108]-[0109], [158], the averaging processor is defined as time-division integration process in the prior art. The reflected light of pulse n (Fig. 12A) and the reflected light of pulse n+1 (Fig. 12B) are laser light radiated at different timings). Regarding claim 8, Kubota as modified above teaches the distance measuring device recited in claim 1. Kubota doesn’t teach, further comprising an interpolation processer configured to generate a more accurate rise time by interpolation using a value of a luminance signal at a timing at which the time-series luminance signal exceeds the threshold, a value of a luminance signal at a time before the timing by a time equal to one sampling interval in digitizing, and a time equal to the one sampling interval, wherein the distance measuring circuit measures a distance by using a rise time generated by the interpolation processor. Nakamura teaches, further comprising an interpolation processer configured to generate a more accurate rise time by interpolation using a value of a luminance signal at a timing at which the time-series luminance signal exceeds the threshold, a value of a luminance signal at a time before the timing by a time equal to one sampling interval in digitizing, and a time equal to the one sampling interval (Nakamura; Fig. 14B, [0074], [0075] line 1, rising time and falling time are calculated by linear interpolation), wherein the distance measuring circuit measures a distance by using a rise time generated by the interpolation processor (Nakamura; [0078], calculate the time difference to determine the distance of object). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include interpolation process to calculate the rising and falling time taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for introducing interpolation process is to generate more accurate rising and falling time and calculate the peak time to measure a distance based on the rising and falling time (Nakamura; [0074], [0075], [0078]). Regarding claim 9, Kubota as modified above teaches the distance measuring device recited in claim 1. Kubota does not teach, wherein the detector further detects, a fall time at which the time-series luminance signal falls below the threshold after reaching the threshold. Nakamura teaches, wherein the detector further detects, a fall time at which the time-series luminance signal falls below the threshold after reaching the threshold (Nakamura; Fig. 12 [0068]-[0070], noise is subtracted from the data of the summation signal; Fig. 14B, [0074], [0075] line 1, falling time are the time when signal falls is below the threshold after reaching the threshold). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include the detector further detects, for the time-series luminance signal in which the noise has been reduced, a fall time at which that signal falls below the threshold after reaching the threshold taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for introducing the detector further detects, for the time-series luminance signal in which the noise has been reduced, a fall time at which that signal falls below the threshold after reaching the threshold is to generate more accurate rising and falling time and calculate the peak time to measure a distance based on the rising and falling time (Nakamura; [0074], [0075], [0078]). Regarding claim 11, Kubota as modified above teaches the distance measuring device recited in claim 9. Kubota does not teach, wherein the detector corrects the rise time and the fall time in accordance with the threshold. Nakamura teaches, wherein the detector corrects the rise time and the fall time in accordance with the threshold (Nakamura; Fig. 14B, Fig. 15 [0074], [0075], detect rising time and falling time based on threshold). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include the detector corrects a rise time and a fall time in accordance with the threshold taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for introducing the detector corrects a rise time and a fall time in accordance with the threshold is to generate more accurate rising and falling time without background noise and calculate the peak time to measure a distance of object based on the rising and falling time (Nakamura; [0074], [0075], [0078]). Regarding claim 12, Kubota as modified above teaches the distance measuring device recited in claim 9. Kubota does not teach, wherein for the time-series luminance signal, the detector detects a peak, detects the rise time corresponding to a time before the peak, and detects the fall time corresponding to a time after the peak. Nakamura teaches, wherein for the time-series luminance signal, the detector detects a peak, detects the rise time corresponding to a time before the peak, and detects the fall time corresponding to a time after the peak (Nakamura; Fig. 14B, Fig. 15 [0074] line 8, [0075], detect rising time and falling time of the peak). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring device taught by Kubota to include wherein for the time-series luminance signal, the detector detects a peak, detects the rise time corresponding to a time before the peak, and detects the fall time corresponding to a time after the peak taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for introducing for the time-series luminance signal, the detector detects a peak, detects the rise time corresponding to a time before the peak, and detects the fall time corresponding to a time after the peak is to generate more accurate rising and falling time based on the peak and calculate the peak time to measure a distance of object (Nakamura; [0074], [0075], [0078]). Regarding claim 16, Kubota as modified above teaches the distance measuring device recited in claim 1, further comprising: a radiation optical system configured to radiate the laser light to a measurement object while changing a radiation direction of the laser light (Kubota; Fig. 2, [0055], optical mechanism system 200 includes a lens 202, optical elements 204, and a reflection device (a movable mirror) 208); a light-receiving optical system configured to receive a reflected light of the laser light radiated from the radiation optical system (Kubota; Fig. 2, optical element 206 and mirror 208) a sensor configured to convert reflected light received through the light-receiving optical system to an electric signal (Kubota; Fig. 2, Fig. 4, [0073], photodetector 304 outputs an output signal corresponding to the intensity of light received via the optical mechanism system); and an AD converter configured to convert an electric signal output from the sensor to the digital signal (Kubota; Fig. 4, [0078], AD conversion circuitry 316 converts the output signals into digital detection signals). Regarding claim 17, Kubota as modified above teaches the distance measuring device recited in claim 16, wherein the sensor is configured by silicon photomultipliers (Kubota; Fig. 4, [0073], [0075], the photodetector 304 includes a plurality of light receiving element 314 are sometimes referred to as SiPMs (Silicon Photomultipliers). Regarding claim 18, Kubota teaches a distance measuring method comprising: averaging a digital signal obtained by digitizing reflected light of laser light to generate a time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158] a plurality of reflected light of pulse n (Fig. 11A) and reflected light of pulse n+1 (Fig. 11B) were added up to get the result of time-division integration); Kubota does not teach detecting a rise time at which the time-series luminance signal reaches a threshold; and measuring a distance to an object based on a time difference between a timing based on the rise time and a radiation timing of the laser light. Nakamura teaches detecting a rise time at which the time-series luminance signal reaches a threshold (Nakamura; Fig. 14B, Fig. 15 [0074] line 10, [0075], detect rising time based on threshold); and measuring a distance to an object based on a time difference between a timing based on the rise time and a radiation timing of the laser light (Nakamura; [0074],[0075], [0078], calculate the time difference to determine the distance of object). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the method taught by Kubota to include detecting a rise time at which the time-series luminance signal reaches a threshold and measuring a distance to an object based on a time difference between the rise time and a radiation timing of the laser light taught by Nakamura with a reasonable expectation of success. The reasoning for introducing detecting the rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light is to accurate detect the reflected time by average of the rising time and the falling time and measure the distance of object (Nakamura; [0074],[0075], [0078]). However, Kubota as modified in view of Nakamura still not teach, wherein the threshold value is set so that the value increases as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated. Clark teaches, wherein the threshold value is set so that the value increases as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated (Clark; Fig. 3, column 9, paragraph 3, disclosed uses an ambient-light compensator 302 to set threshold 218 according to a background level when photodetector 132 is not detecting light-pulse emission (e.g., emitted light pulse 112 and/or reflected light pulse); equivalent to the laser light is not radiated or under a blanking period; during a time when reflected light pulse 116 will not be detected by photodetector 130, hold trigger 312 changes state, causing sample-and-hold circuit 360 to enter a hold mode (amplified background level from sample 310) and set threshold 218 according to sample 310 (equivalent to increase in value as the maximum value of the digital signal increases)). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the method taught by Kubota to include a detector configured to detect a rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light taught by Nakamura, include wherein the threshold value is set so that the value increases as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for this is to set up the threshold level based on the ambient light when the photodetector is not detecting light-pulse emission (Clark; Fig. 3, column 9, paragraph 3). Regarding claim 19, Kubota as modified above teaches the distance measuring device recited in claim 1, further comprising: a sensor configured to have a plurality of pixels (Kubota; Fig. 4, Fig. 5, SPAD cells 314 includes plurality of pixels) that convert reflected laser light received via a light-receiving optical system into electrical signals (Kubota; Fig. 2, Fig. 4, [0073], photodetector 304 outputs an output signal corresponding to the intensity of light received via the optical mechanism system); and a signal generation circuit configured to generate digital signals sampled from the electrical signals at predetermined sampling intervals, as a plurality of time-series luminance signals (Kubota; [0078], the AD conversion circuitry 316 samples, every time a pulse light is emitted from the emission circuitry 100, signals corresponding to output signals of the respective plurality of light receiving elements 314 at a plurality of sampling timings and converts the signals into respective digital detection signals), wherein the averaging processor (Kubota; [0079], [0158], time-division integration circuitry 318) averages the plurality of time-series luminance signals in an integration range among the plurality of time-series luminance signals to generate the time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158], a plurality of reflected light of pulse n (Fig. 11A) and reflected light of pulse n+1 (Fig. 11B) were added up to get the result of time-division integration signal (Fig. 11C)). Regarding claim 20, Kubota as modified above teaches the method recited in claim 18, further comprising: converting reflected laser light received via a light-receiving optical system into electrical signals (Kubota; Fig. 2, Fig. 4, [0073], photodetector 304 outputs an output signal corresponding to the intensity of light received via the optical mechanism system); generating digital signals sampled from electrical signals at predetermined sampling intervals, as a plurality of time-series luminance signals (Kubota; [0078], the AD conversion circuitry 316 samples, every time a pulse light is emitted from the emission circuitry 100, signals corresponding to output signals of the respective plurality of light receiving elements 314 at a plurality of sampling timings and converts the signals into respective digital detection signals); averaging the plurality of time-series luminance signals in an integration range among the plurality of time-series luminance signals to generate the time-series luminance signal (Kubota; Fig. 11, [0108]-[0109], [158], the averaging processor is defined as time-division integration process in the prior art. A plurality of reflected light of pulse n (Fig. 11A) and reflected light of pulse n+1 (Fig. 11B) were added up to get the result of time-division integration signal (Fig. 11C)). Regarding claim 21, Kubota as modified above teaches the method recited in claim 20. Kubota does not teach, wherein the time-series luminance signal is a time-series luminance signal from which a floor noise corresponding to an intensity of ambient light has been reduced. Nakamura teaches, wherein the time-series luminance signal is a time-series luminance signal from which a floor noise corresponding to an intensity of ambient light has been reduced (Nakamura; Fig. 12 [0068]-[0070], noise is subtracted from the data of the summation signal). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the method taught by Kubota to include wherein the time-series luminance signal is a time-series luminance signal from which a floor noise corresponding to an intensity of ambient light has been reduced taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for this is to remove the floor noise based on the environment and increase the SNR (Nakamura; [0055], [0056], [0074], [0075], [0078]). Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kubota, modified in view of Nakamura, in view of Clark, further in view of Gunnam et al. (US 20190179018 A1, “Gunnam”). Regarding claim 13, Kubota as modified above teaches the distance measuring device recited in claim 12. Kubota does not teach, wherein the detector outputs a plurality of combinations of at least two pieces of information among the peak, the rise time corresponding to the peak, and the fall time corresponding to the peak. Gunnam teaches, wherein the detector outputs a plurality of combinations of at least two pieces of information among the peak, the rise time corresponding to the peak, and the fall time corresponding to the peak (Gunnam; Fig. 9, [0066], detect multiple peaks). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring method taught by Kubota to include a detector configured to detect a rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark and further include the detector outputs a plurality of combinations of at least two pieces of information among the peak detection taught by Gunnam with a reasonable expectation of success. The reasoning for introducing detector outputs a plurality of combinations of at least two pieces of information among the peak detection is to detect all possible peak candidate for distance measurement (Gunnam; Fig. 9, [0066]). Furthermore, the rise time corresponding to the peak detection, and the fall time corresponding to the peak detection has been discuss recited in claim 12. Claims 14-15 and 22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kubota, modified in view of Nakamura, in view of Clark further modified in view of Ohtomo et al. (US 20080304041 A1, “Ohtomo”). Regarding claim 14, Kubota as modified above teaches the distance measuring device recited in claim 9. Kubota does not teach, further comprising a weighting processor configured to perform weighting for the rise time and the fall time to generate the timing. Ohtomo teaches, further comprising a weighting processor configured to perform weighting for the rise time and the fall time to generate the timing (Ohtomo; Fig. 7, [0061], Using the weighted position to calculate the time Ta based on the rising time and falling time). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the distance measuring method taught by Kubota to include a detector configured to detect a rise time based on the threshold and determine the distance of object based on the time difference between rise time and a radiation timing of the laser light taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark and further include comprising a weighting processor configured to perform weighting for the rise time and the fall time to generate a second timing, wherein the distance measuring circuit measures a distance by using the second timing taught by Ohtomo with a reasonable expectation of success. The reasoning for introducing comprising a weighting processor configured to perform weighting for the rise time and the fall time to generate a second timing, wherein the distance measuring circuit measures a distance by using the second timing is to determine the time Ta based on a deviation of the weighted position from the time T (rising and falling time). Ta is more accurate time to determine the distance measurement (Ohtomo; Fig. 7, [0061]). Regarding claim 15, Kubota as modified above teaches the distance measuring device recited in claim 12, further comprising a reliability generator configured to generate reliability of a peak of the time-series luminance signal, wherein the rise time and the fall time that correspond to the peak, and the reliability are associated with each other (Kubota; Fig. 25, [168]-[171], cross-correlation value for reliability calculation). Regarding claim 22, Kubota as modified above teaches the method recited in claim 21. Kubota does not teach, further comprising: detecting a fall time at which the time-series luminance signal falls below the threshold after reaching the threshold; and generating the timing by weighting the rise time and the fall time. Nakamura teaches, detecting a fall time at which the time-series luminance signal falls below the threshold after reaching the threshold; and (Nakamura; Fig. 12 [0068]-[0070], noise is subtracted from the data of the summation signal; Fig. 14B, [0074], [0075] line 1, falling time are the time when signal falls is below the threshold after reaching the threshold). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the method taught by Kubota to include the detector further detects, for the time-series luminance signal in which the noise has been reduced, a fall time at which that signal falls below the threshold after reaching the threshold taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark with a reasonable expectation of success. The reasoning for this is to generate more accurate rising and falling time and calculate the peak time to measure a distance based on the rising and falling time (Nakamura; [0074], [0075], [0078]). However, Kubota as modified in view of Nakamura, Clark still not teach, generating the timing by weighting the rise time and the fall time. Ohtomo teaches, generating the timing by weighting the rise time and the fall time (Ohtomo; Fig. 7, [0061], Using the weighted position to calculate the time Ta based on the rising time and falling time). It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the method taught by Kubota to include the detector further detects, for the time-series luminance signal in which the noise has been reduced, a fall time at which that signal falls below the threshold after reaching the threshold taught by Nakamura include wherein the detector sets a threshold value that increases in value as the maximum value of the digital signal increases in either a period in which the laser light is not radiated or a blanking period when the digital signal is generated taught by Clark and further include generating the timing by weighting the rise time and the fall time taught by Ohtomo with a reasonable expectation of success. The reasoning for this is to determine the time Ta based on a deviation of the weighted position from the time T (rising and falling time). Ta is more accurate time to determine the distance measurement (Ohtomo; Fig. 7, [0061]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHIA-LING CHEN whose telephone number is (571)272-1047. The examiner can normally be reached Monday thru Friday 8-5 ET. 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, Yuqing Xiao can be reached at (571)270-3630. 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. /CHIA-LING CHEN/Examiner, Art Unit 3645 /YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Aug 31, 2021
Application Filed
Mar 07, 2025
Non-Final Rejection — §103
Jun 12, 2025
Response Filed
Aug 01, 2025
Final Rejection — §103
Apr 06, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology. Study what changed to get past this examiner.

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DISTANCE MEASUREMENT DEVICE
2y 5m to grant Granted Mar 10, 2026
Patent 12510632
LIDAR SYSTEM COMPRISING TWO DIFFRACTIVE COMPONENTS
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Patent 12449537
OPTICAL DISTANCE MEASUREMENT DEVICE
2y 5m to grant Granted Oct 21, 2025

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Prosecution Projections

3-4
Expected OA Rounds
44%
Grant Probability
99%
With Interview (+63.6%)
4y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 25 resolved cases by this examiner