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 addresses applicant’s remarks/amendments dated 10th November 2025.
Claims 1, 5, 8, 10-11, 13 and 15 were amended; no claims were canceled; new claims 16-19 were added; therefore, claim 1-19 are pending in current application and are addressed below.
The objection of the drawing has been withdrawn.
The objection to claim 10 and claim 11 have been withdrawn. However, see current new objection to claim 11 below.
The rejection to claims 1-15 under 35 U.S.C. §112(b) have been withdrawn.
Even the applicant amended the claims, the nonstatutory double patenting rejection is still maintained. Please see the nonstatutory double patenting rejection below.
Response to Arguments
Applicant's arguments filed 10th November 2025 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claims 1-19 have been considered but are moot because the arguments do not apply to the specific combination of the references 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., “in which an illumination signal for driving an ….with the first modulation frequency” and “in which the illumination signal and …with the second modulation frequency”) 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 Van Nieuwenhove reference fails to disclose “in which an illumination signal for driving an ….with the first modulation frequency”]] However, these claim limitations were not present in the original independent claims and were presented by amendment on 10th November 2025. Therefore, the issue of whether current Office Action addresses these limitations are not relevant. These amended claims containing new limitations have been addressed in the present Office Action.
In response to applicant argument in page 12, submitted on 10th November 2025, regarding the art-based rejections based on the Van Nieuwenhove reference are in error for at least the reasons explained in the last reply. Examiner has addressed this issue in the Advisory Action filed on 9th October 2025.
In response to applicant argument in page 13, submitted on 10th November 2025, regarding to the Van Nieuwenhove reference refers to a reference value ‘Vref’ for automatically resetting a mixer output signal on node 38 to avoid saturation, and another reference value used in calculating in phase (I) and quadrature (Q) values. Reference values and reference signals are not the same thing. Furthermore, neither of the reference values described in the Van Nieuwenhove reference is used to drive a pixel of the time-of-flight sensor. Nor is either reference value modulated with a modulation frequency. Examiner agrees with this argument and haven’t used both reference value mixed with the reference signal during previous Office Action. As stated in the current office action below, Van Nieuwenhove disclosed the correlation between the modulation signal and the reflected light received at the imaging sensor which can be found in paragraph [0019].
Claim Objections
Claim 11 is objected to because of the following informalities:
Regarding claim 11, line 17, “wherein the correlation functions and of the two time-of-flight” should read “wherein the correlation functions of the two time-of-flight”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 and 2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. patent No. US12429594 B2 (hereinafter “US Pat 594”) in view of Van Nieuwenhove et al. (US 20140313376 A1, hereinafter “Van Nieuwenhove”).
Regarding claim 1, US Pat 594 teaches a method for time-of-flight sensing of a scene, the method comprising: performing at least one time-of-flight measurement using a first modulation frequency to obtain at least one first measurement value for the pixel position (US Pat 594; claim 1, line 1-4); and determining an estimate of a distance value of the pixel position based on the at least one first measurement value and the at least one second measurement value using a mapping function that maps an argument value derived from both a first value obtained from the first measurement value and a second value obtained from the second measurement value to an estimated distance value (US Pat 594; claim 1, line 7-11).
US Pat 594 does not teach,
in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency,
performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency, to obtain at least one second measurement value for the pixel position.
Van Nieuwenhove teaches,
in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor),
performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]), to obtain at least one second measurement value for the pixel position. (Van Nieuwenhove; [0017] line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify a method for time-of-flight sensing of a scene taught by US Pat 594 to include in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency, performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency, to obtain at least one second measurement value for the pixel position taught by Van Nieuwenhove with a reasonable expectation of success. The reasoning for this is to use 2nd (lower) frequency to determine for the value of the parameter the presence of aliasing from the second correlation measurement and further using mapping function to map with I (in phase) and Q (quadrature) value of 1st frequency and 2nd frequency to estimate the distance of time-of-flight, wherein the first correlation has reference signal and reflected signal both modulated by first frequency and the second correlation has reference signal and reflected signal both modulated by second frequency (Van Nieuwenhove; [0017], [0019], [0083]-[0085], [0092]-[0094], [0100]-[0101]).
Regarding claim 2, US Pat 594 as modified above teaches the method recited in claim 1.
US Pat 594 does not teach, wherein the second modulation frequency is lower than the first modulation frequency.
Van Nieuwenhove teaches, wherein the second modulation frequency is lower than the first modulation frequency (Van Nieuwenhove; [0017] line 24, a second frequency lower than the first frequency).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify method for time-of-flight sensing of a scene taught by US Pat 594 to include wherein the second modulation frequency is lower than the first modulation frequency taught by Van Nieuwenhove with a reasonable expectation of success. The reasoning for introducing wherein the second modulation frequency is lower than the first modulation frequency is to use lower frequency to determine for the value of the parameter the presence of aliasing from the second correlation measurement (Van Nieuwenhove; [0017]).
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 6 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 3, US Pat 594 as modified above teaches the method recited in claim 1.
US Pat 594 further teaches, determining a ratio value based on a ratio of the first value to the second value; and determining the estimate of the distance value based on the ratio value using the mapping function (US Pat 594; claim 6).
US Pat 594 does not teach, wherein determining the estimate of the distance value comprises: determining in which distance range among a plurality of distance ranges the distance value is likely to be based on the at least one first measurement value and the at least one second measurement value; selecting the mapping function among a plurality of mapping functions based on the determined distance range.
Van Nieuwenhove teaches, wherein determining the estimate of the distance value comprises: determining in which distance range among a plurality of distance ranges the distance value is likely to be based on the at least one first measurement value and the at least one second measurement value (Van Nieuwenhove; [0017], determine 1st distance measurement based on 1st frequency and determine 2nd distance measurement based on 2nd frequency; [0075] use k map to a distance range); selecting the mapping function among a plurality of mapping functions based on the determined distance range (Van Nieuwenhove; [0075] use k map to a distance range; [0092], identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added));
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify method for time-of-flight sensing of a scene taught by US Pat 594 to include determining the estimate of the distance value comprises: determining in which distance range among a plurality of distance ranges the distance value is likely to be based on the at least one first measurement value and the at least one second measurement value and selecting the mapping function among a plurality of mapping functions based on the determined distance range taught by Van Nieuwenhove with a reasonable expectation of success. The reasoning for introducing determining the estimate of the distance value comprises: determining in which distance range among a plurality of distance ranges the distance value is likely to be based on the at least one first measurement value and the at least one second measurement value and selecting the mapping function among a plurality of mapping functions based on the determined distance range is to use mapping function to determine which range of aliasing from the second correlation measurement and further determine the corrected distance range which may be located outside of unambiguous range of 1st frequency but inside unambiguous range of 2nd frequency (Van Nieuwenhove; [0092]).
Claim 10 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 7 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 10, US Pat 594 as modified above teaches the method recited in claim 1, wherein one time-of-flight measurement using the first modulation frequency is performed to obtain one first measurement value for the pixel position, and wherein one time-of-flight measurement using the second modulation frequency is performed to obtain second measurement value for the pixel position (US Pat 594; claim 7).
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 12 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 12, US Pat 594 as modified above teaches the method recited in claim 1, wherein a respective absolute value of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is smaller than a threshold value for a predetermined distance (US Pat 594; claim 12).
Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 10 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 13, US Pat 594 as modified above teaches the method recited in claim 1, further comprising: determining an intensity of light received during the at least one time-of-flight measurement using the first modulation frequency based on the at least one first measurement value for the pixel position; determining an intensity of light received during the at least one time-of-flight measurement using the second modulation frequency based on the at least one second measurement value for the pixel position; and determining a greyscale value for a greyscale image based on the determined intensity of light received during the at least one time-of-flight measurement using the first modulation frequency and the determined intensity of light received during the at least one time-of-flight measurement using the second modulation frequency (US Pat 594; claim 10).
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 10 and 11 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 14, US Pat 594 as modified above teaches the method recited in claim 13, wherein at least one of the intensity of light received during the at least one time-of-flight measurement using the first modulation frequency and the intensity of light received during the at least one time-of-flight measurement using the second modulation frequency is further determined based on the estimate of the distance value (US Pat 594; claim 11).
Claim 15 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of US Pat 594 in view of Van Nieuwenhove.
Regarding claim 15, US Pat 594 teaches an apparatus for time-of-flight sensing of a scene, the apparatus comprising: a time-of-flight sensor comprising a plurality of pixels, wherein the time-of-flight sensor is configured to: perform at least one time-of-flight measurement using a first modulation frequency to obtain at least one first measurement value for the pixel position (US Pat 594; claim 15, 1-5): and a processing circuit configured to determine an estimate of a distance value of the pixel position based on the at least one first measurement value and the at least one second measurement value using a mapping function that maps an argument value derived from both a first value obtained from the first measurement value and a second value obtained from the second measurement value to an estimated distance value (US Pat 594; claim 15, 8-10);.
US Pat 594 does not teach,
in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency,
performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency, to obtain at least one second measurement value for the pixel position.
Van Nieuwenhove teaches,
in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor),
performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]), to obtain at least one second measurement value for the pixel position. (Van Nieuwenhove; [0017] line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify a method for time-of-flight sensing of a scene taught by US Pat 594 to include in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency, performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency, to obtain at least one second measurement value for the pixel position taught by Van Nieuwenhove with a reasonable expectation of success. The reasoning for this is to use 2nd (lower) frequency to determine for the value of the parameter the presence of aliasing from the second correlation measurement and further using mapping function to map with I (in phase) and Q (quadrature) value of 1st frequency and 2nd frequency to estimate the distance of time-of-flight, wherein the first correlation has reference signal and reflected signal both modulated by first frequency and the second correlation has reference signal and reflected signal both modulated by second frequency (Van Nieuwenhove; [0017], [0019], [0083]-[0085], [0092]-[0094], [0100]-[0101]).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 , 10, 15-16, 18 and 19 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Van Nieuwenhove.
Regarding claim 1, Van Nieuwenhove teaches a method for time-of-flight sensing of a scene, the method comprising:
performing at least one time-of-flight measurement using a first modulation frequency in which an illumination signal for driving an illumination element of the time-of- flight sensor and a reference signal for driving a pixel of the time-of-flight sensor are both modulated with the first modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor), to obtain at least one first measurement value for the pixel position (Van Nieuwenhove; [0017] line 11, detecting reflected light from at least one object in the scene and determining by one or more 1st correlation measurement (a value related to a distance from the sensor to an object); the first correlation signal having a periodic waveform of a first frequency);
performing at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]), to obtain at least one second measurement value for the pixel position (Van Nieuwenhove; [0017], line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency); and
determining an estimate of a distance value for pixel based on the at least one first measurement value and the at least one second measurement value using a mapping function (Van Nieuwenhove; [0075] use k map to a distance range; [0092], identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added)) that maps an argument value derived from both a first value obtained from the first measurement value and a second value obtained from the second measurement value to an estimated distance value (Van Nieuwenhove; [0092]-[0094], identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added); mapping function k is used to map the I (in phase) and Q (quadrature) component (which is used to determine the distance of time-of-flight) [0080]; Furthermore, mapping of I and Q also performing using two different frequencies 1st frequency (base frequency (BF) [0083]) and 2nd frequency (Half frequency (HALF) [0085]); This can be seen in table 1, [0092], for each measurement the signs of QHALF, IHALF, QBF and IBF are then to be used to determine quadrants for the BF and HALF; also can be seen in table 2, [0100]-[0101] with even lower frequency).
Regarding claim 2, Van Nieuwenhove teaches the method recited in claim 1, wherein the second modulation frequency is lower than the first modulation frequency (Van Nieuwenhove; [0017], line 24, a second frequency lower than the first frequency).
Regarding claim 10, Van Nieuwenhove teaches the method recited in claim 1, wherein one time-of-flight measurement using the first modulation frequency is performed to obtain one first measurement value for the pixel position (Van Nieuwenhove; [0017], line 11, detecting reflected light from at least one object in the scene and determining by one or more 1st correlation measurement (a value related to a distance from the sensor to an object); the first correlation signal having a periodic waveform of a first frequency), and wherein one time-of-flight measurement using the second modulation frequency is performed to obtain second measurement value for the pixel position (Van Nieuwenhove; [0017], line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency).
Regarding claim 15, Van Nieuwenhove teaches an apparatus for time-of-flight sensing of a scene, the apparatus comprising:
a time-of-flight sensor comprising a plurality of pixels, wherein the time-of-flight sensor is configured to (Van Nieuwenhove; [0028], detecting reflected light can be a sensor with pixels; [0077], line 7, the reflectivity in the scene must be known for all pixels in the scene):
perform at least one time-of-flight measurement using a first modulation frequency in which an illumination signal for driving an illumination element of the time-of-flight sensor and a reference signal for driving a pixel of the plurality of pixels are both modulated with the first modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor), to obtain at least one first measurement value for the pixel position (Van Nieuwenhove; [0017] line 11, detecting reflected light from at least one object in the scene and determining by one or more 1st correlation measurement (a value related to a distance from the sensor to an object): and
perform at least one time-of-flight measurement using a second modulation frequency in which the illumination signal and the reference signal are both modulated with the second modulation frequency (Van Nieuwenhove; [0017], [0019], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]) to obtain at least one second measurement value for the pixel position (Van Nieuwenhove; [0017] line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency); and
a processing circuit (Van Nieuwenhove; [0073], the sensor of the sensor unit can be for use with a correlation and evaluation unit that can include a processor such as a microprocessor or an FPGA) configured to determine an estimate of a distance value for the pixel based on the at least one first measurement value and the at least one second measurement value using a mapping function (Van Nieuwenhove; [0028], line 2, determining correlations and/or the means for determining the in-phase and/or quadrature components or means for determining the presence of aliasing can be a processing unit linked to or integrated with the sensor) that maps an argument value derived from both a first value obtained from the first measurement value and a second value obtained from the second measurement value to an estimated distance value (Van Nieuwenhove; [0075] use k map to a distance range; [0092]; identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added) [0092]-[0094], identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added); mapping function k is used to map the I (in phase) and Q (quadrature) component (which is used to determine the distance of time-of-flight) [0080]; Furthermore, mapping of I and Q also performing using two different frequencies 1st frequency (base frequency (BF) [0083]) and 2nd frequency (Half frequency (HALF) [0085]); This can be seen in table 1, [0092], for each measurement the signs of QHALF, IHALF, QBF and IBF are then to be used to determine quadrants for the BF and HALF; also can be seen in table 2, [0100]-[0101] with even lower frequency).
Regarding claim 16, Van Nieuwenhove teaches the apparatus of claim 15, wherein the at least one first measurement value and the at least one second measurement value are samples of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of- flight measurement using the second modulation frequency, wherein the correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency represent a value of a respective correlation at different time-shifts between light emitted by the illumination element based on the illumination signal for illuminating the scene and reflected light received by the pixel (Van Nieuwenhove; [0017], [0019], [0048], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor; the modulation signal and reflected light has time-shift because the reflected light was reflected from at least one object in the scene; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing).
Regarding claim 18, Van Nieuwenhove teaches the apparatus of claim 15, wherein the time-of-flight sensor is configured to perform one time-of-flight measurement using the first modulation frequency to obtain one first measurement value for the pixel, wherein the time-of-flight sensor is configured to perform one time-of-flight measurement using the second modulation frequency to obtain one second measurement value for the pixel, wherein the first value is the one first measurement value, and wherein the second value is the one second measurement value (Van Nieuwenhove; [0017] line 11, detecting reflected light from at least one object in the scene and determining by one or more 1st correlation measurement (a value related to a distance from the sensor to an object); the first correlation signal having a periodic waveform of a first frequency; [0017] line 20, determining by one or more 2nd correlation measurement, the second correlation signal having a periodic waveform of a second frequency lower than the first frequency).
Regarding claim 19, Van Nieuwenhove teaches the apparatus of claim 1, wherein the at least one first measurement value and the at least one second measurement value are samples of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of- flight measurement using the second modulation frequency, wherein the correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency represent a value of a respective correlation at different time-shifts between light emitted by the illumination element based on the illumination signal for illuminating the scene and reflected light received by the pixel (Van Nieuwenhove; [0017], [0019], [0048], the method comprising the steps of: a) providing a modulation signal for use by the illumination unit for illuminating the scene with light modulated at the first frequency and second frequency; b) detecting reflected light from at least one object in the scene at the first frequency; c) determining a first correlation between the modulation signal (equivalent to reference signal) and the reflected light (equivalent to an illumination signal) received at the imaging sensor; the modulation signal and reflected light has time-shift because the reflected light was reflected from at least one object in the scene; d) determining a second correlation between the illuminating light emitted by the illumination unit and the reflected light received at the imaging sensor; the second correlation signal having a periodic waveform of a second frequency lower than the first frequency which was disclosed in paragraph [0017]; e) determining from the first and/or second correlation in-phase and/or quadrature components of the detected reflected light and using the in-phase and/or quadrature components to determine a presence of aliasing).
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.
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Van Nieuwenhove, modified in view of Zhou et al. (US 20220050200 A1, hereinafter “Zhou”).
Regarding claim 3, Van Nieuwenhove teaches the method recited in claim 1, wherein determining the estimate of the distance value comprises:
determining in which distance range among a plurality of distance ranges the distance value is likely to be based on the at least one first measurement value and the at least one second measurement value (Van Nieuwenhove; [0017], determine 1st distance measurement based on 1st frequency and determine 2nd distance measurement based on 2nd frequency; [0075] use k map to a distance range);
selecting the mapping function among a plurality of mapping functions based on the determined distance range (Van Nieuwenhove; [0075] use k map to a distance range; [0092], identify K is even or odd to decide the distance is located in HALF_1 and HALF_2 (no aliasing is present) or HALF_3 and HALF_4 (a single aliasing distance needs to be added)); and
Van Nieuwenhove does not teach,
determining a ratio value based on a ratio of the first value to the second value;
determining the estimate of the distance value based on the ratio value using the mapping function.
Zhou teaches,
determining a ratio value based on a ratio of the first value to the second value (Zhou; [0051], pulse arrival time determination unit determine the time adjustment amount based on the intensity ration between the two selected data point in real-time);
determining the estimate of the distance value based on the ratio value (same as above) using the mapping function.
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify method for time-of-flight sensing of a scene taught by Van Nieuwenhove to include determining a ratio value based on a ratio of the first value to the second value and determining the estimate of the distance value based on the ratio value taught by Zhou with a reasonable expectation of success. The reasoning for this is using the intensity ratio to provide predict result to for TOF measurement (Zhou; [0051]).
Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Van Nieuwenhove, modified in view of Zhou, in view of Dehlinger et al. (US 20210247500 A1, hereinafter “Dehlinger”).
Regarding claim 4, Van Nieuwenhove as modified above teaches the method recited in claim 3
Van Nieuwenhove does not teach, wherein a course of a ratio of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is strictly monotonic decreasing or strictly monotonic increasing in each of the plurality of distance ranges.
Dehlinger teaches, wherein a course of a ratio of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is strictly monotonic decreasing or strictly monotonic increasing in each of the plurality of distance ranges (Dehlinger; Fig. 4, [0084], line 5, the disambiguation frequency may be associated with 2nd unambiguous range UAR2 (which is greater than the first unambiguous range UAR1) and the detected component measurement may be analyzed to determine if it is positive or negative).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify method for time-of-flight sensing of a scene taught by Van Nieuwenhove to include determining a ratio value based on a ratio of a first value related to the at least one first measurement value to a second value related to the at least one second measurement value taught by Zhou and further include wherein a course of a ratio of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is strictly monotonic decreasing or strictly monotonic increasing in each of the plurality of distance ranges taught by Dehlinger with a reasonable expectation of success. The reasoning for introducing wherein a course of a ratio of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is strictly monotonic decreasing or strictly monotonic increasing in each of the plurality of distance ranges is to determine the corrected distance range which may be located outside of unambiguous range of first frequency but inside unambiguous range of 2nd frequency (Dehlinger; Fig. 4, [0084]).
Claim 12 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Van Nieuwenhove, modified in view of Dehlinger.
Regarding claim 12, Van Nieuwenhove teaches the method recited in claim 1.
Van Nieuwenhove does not teach, wherein a respective absolute value of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is smaller than a threshold value for a predetermined distance.
Dehlinger teaches, wherein a respective absolute value of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is smaller than a threshold value for a predetermined distance (Dehlinger; [0085], unambiguous range of 1st frequency (21 MHZ) and 2nd frequency (18 MHz) is 50 m. For both frequencies 21 MHz and 18 MHz, when the distance beyond 50m range, it can’t identify the distance (outside unambiguous range). Using disambiguation frequency of 1.5MHz (has unambiguous range of 100 m), the resulting measurement may be used to determine if the target is in the first 50 m or beyond the first 50 m. Here the threshold value can be any distance in between 50 m-100 m).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify method for time-of-flight sensing of a scene taught by Van Nieuwenhove to include wherein a respective absolute value of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is smaller than a threshold value for a predetermined distance taught by Dehlinger with a reasonable expectation of success. The reasoning for introducing wherein a respective absolute value of correlation functions of the at least one time-of-flight measurement using the first modulation frequency and the at least one time-of-flight measurement using the second modulation frequency is smaller than a threshold value for a predetermined distance is shows the ambiguous for distance measurement due to reputation situation while using high frequencies and introduce 3rd frequency to extend the unambiguous range (for this case from 50m to 100m), to determine the corrected distance range which may be located outside of unambiguous range of 1st and 2nd frequencies but inside unambiguous range of 3rd frequency (Dehlinger; Fig. 4, [0085]).
Allowable Subject Matter
Claims 5-9, 11 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the prior art of record does not explicitly teach nor render obvious the flowing element, along with all other claimed feature:
The method of claim 3, further comprising for the pixel: performing at least one time-of-flight measurement using a third modulation frequency in which the illumination signal and the reference signal are both modulated with the third modulation frequency, to obtain at least one third measurement value for the pixel position,
wherein determining the estimate of the distance value further comprises:
determining a second ratio value based on a ratio of the first value to a third value related to the at least one third measurement value; and
determining a third ratio value based on a ratio of the second value to the third value, and
wherein determining the estimate of the distance value based on the ratio value using the mapping function comprises:
determining a first auxiliary estimate of the distance value based on the ratio value using the mapping function;
determining a second auxiliary estimate of the distance value based on the second ratio value using the mapping function;
determining a third auxiliary estimate of the distance value based on the third ratio value using the mapping function; and
determining the estimate of the distance value based on the first auxiliary estimate of the distance value, the second auxiliary estimate of the distance value and the third auxiliary estimate of the distance value.
Claims 6 and 7 similarly include allowable subject matter due to their dependence on claim 5.
Regarding claim 8, the prior art of record does not explicitly teach nor render obvious the flowing element, along with all other claimed feature:
The method of claim 3, further comprising for the pixel:
performing at least one coded modulation time-of-flight measurement in which the illumination signal and the reference signal both exhibit an alternating series of high and low pulses of varying duration, to obtain at least one third measurement val