Prosecution Insights
Last updated: July 17, 2026
Application No. 17/621,459

DISTANCE IMAGE CAPTURING DEVICE AND DISTANCE IMAGE CAPTURING METHOD

Final Rejection §112
Filed
Dec 21, 2021
Priority
Jul 04, 2019 — nonprovisional of PCTJP2019026560
Examiner
BOEGHOLM, ISABELLE LIN
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Brookman Technology Inc.
OA Round
4 (Final)
48%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
12 granted / 25 resolved
-4.0% vs TC avg
Strong +59% interview lift
Without
With
+59.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
24 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§103
89.0%
+49.0% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§112
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 . Response to Amendment This office action is responsive to the amendment filed 4/6/2026. As directed by the amendment: claims 1, 3, and 11 are amended and claims 9-10 and 20-22 are cancelled. Thus, claims 1, 3, 5-8, and 11-19 are currently pending in this application. Applicant’s amendments to claims 1, 3, and 11, have overcome the prior art rejections made under 35 U.S.C. 103, which are now withdrawn. Specification The disclosure is objected to because of the following informalities: The first sentence of paragraph [0100] states that subsection c of Fig. 7 illustrates the “short-distance mode.” This is inconsistent with the rest of the disclosure because page 70, lines 9-10 state that subsection c of Fig. 7 represents the “long distance mode” (This is located in the fifth paragraph of what applicant has labeled paragraph “[0141]”). Appropriate correction is required. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations of: a detailed measurement mode where (1) the amount of charges in the first and second electric charge accumulating units are equal, (2) the width of the accumulation drive signals are adjusted such that there is no area in which electric charge according to the reflected light is not included, and (3) the width of the light pulse of the radiation light is the same as the width of the accumulation drive signal (recited by claims 1, 3, and 11), must be shown or the feature canceled from the claims. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 3, 5-8, and 11-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claim 1: It is unclear how, in the detailed measurement mode, the widths of the accumulation drive signals can both (1) be adjusted such that both the first and second accumulation units accumulate the same amount of charge and where there is no area in which electric charge according to the reflected light is not included, and (2) have the same width of a light pulse of the radiation light. For (1) to be true, the first and second accumulation drive signals must be half the width of the pulse of radiation light. If the accumulation drive signals are half the pulse width, they cannot also have the same width as the pulse. A detailed analysis is provided below: Claim 1 has been amended to include the following limitations: after measuring distance via the normal mode, the phase of the light pulse is shifted such that the amount of charge accumulated in the first and second charge accumulating units are the same (lines 26-34); the widths of the accumulation drive signals for distributing electric charge to the first and second charge accumulating units are adjusted, such that there is no area in which electric charge according to the reflected light is not included (lines 35-39) the detailed measurement mode comprises a short and long distance mode (lines 40-41) in the short distance mode, the phase and width of the light pulse are the same as a phase and width of a first accumulation drive signal (lines 42-44); in the long distance mode, the phase and width of the light pulse are the same as a phase and width of a second accumulation drive signal, where this second accumulation drive signal is different from the first accumulation drive signal (lines 45-47). Lines 18-24 of the claim explain that the claimed device measures a distance via a normal mode, which has a predetermined width of radiation light. After distance has been measured via the normal mode, the device switches to a detailed measurement mode, where the width and phase of the radiation light pulse are adjusted based on the distance measured by the normal mode. Because the device switches from the normal mode to the detailed mode, limitations A through E describe the detailed measurement mode. This is because all the phase and width adjustments are made “after measuring a distance via the normal mode” (claim 1 line 30). Limitation A is best illustrated by Fig. 12, where the phase of PO is shifted, such that the charges accumulated by the charge accumulating units are the same. As illustrated by this figure, the phase is shifted by Tc, so the charges Q2 and Q3 can be the same. Limitation B is best illustrated by Fig. 15. Once the charges representing reflected light in both the charge accumulating units are the same, the width of the accumulation drive signals are adjusted such that only the signal is contained. This means that the accumulation drive signals TX2 and TX3 are half the width of the pulse. Limitation C states that the detailed measurement mode also comprises a short and long distance mode. Paragraph [0141] of the specifications explain that the adjustment of phase (according to limitation A) can be performed after selecting the short and long distance modes. Then, with reference to Fig. 7, the phase adjustment according to limitation A is performed. The base point, from which the phase of the pulse is shifted, is either tB2 for the short distance mode, or tB1 for the long distance mode. Limitation D states that a width of a light pulse of the radiation light in the short distance mode has the same width of a first accumulation drive signal. Referring to Fig. 7, the first accumulation drive signal is TX2. Likewise, Limitation E states that a width of a light pulse of the radiation light in the long distance mode has the same width of a second accumulation drive signal, where this second accumulation drive signal is separate from the first accumulation drive signal. Referring to Fig. 7, the second accumulation drive signal is TX1. In sum, it is unclear how the claimed device can measure in a detailed measurement mode where limitations B and D-E are both true. Limitation B requires that the width of the accumulation drive signal is half the width of the pulse. But limitations D-E require that the width of the accumulation drive signal is the same as the width of the pulse. Therefore, it is unclear what the width of the accumulation drive signal is intended to be, during the detailed measurement mode. Regarding Claims 3 and 11: Claims 3 and 11 have both been amended to recite the same limitations A through E listed above. They do not recite any other claim limitations that would clarify the issues described with respect to the detailed measurement mode. Claims 3 and 11 are rejected for the same reasons as claim 1. All other claims are rejected by virtue of dependency. Allowable Subject Matter Claims 1, 3, 5-8, and 11-19 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Regarding Claims 1, 3, and 11: The following is a statement of reasons for the indication of allowable subject matter: the claimed device performs distance measurement via a normal and detailed detection mode, where the accumulation drive signal in the detail detection mode has a width that is half the pulse width and is the same width as the pulse width. Since no prior art reference, or combination of references, teaches this limitation where the accumulation drive signal in a detailed detection mode is simultaneously the same width and half the width of the light pulse of the radiation light. All other claims are dependent on either claim 1, 3, or 11. Conclusion 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 ISABELLE LIN BOEGHOLM whose telephone number is (571)270-0570. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Fridays 8am-12pm. 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) 270-3603. 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. /ISABELLE LIN BOEGHOLM/Examiner, Art Unit 3645 /YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Show 1 earlier event
Apr 30, 2025
Non-Final Rejection mailed — §112
Jul 30, 2025
Response Filed
Sep 02, 2025
Final Rejection mailed — §112
Dec 02, 2025
Request for Continued Examination
Dec 12, 2025
Response after Non-Final Action
Jan 06, 2026
Non-Final Rejection mailed — §112
Apr 06, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
48%
Grant Probability
99%
With Interview (+59.1%)
4y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 25 resolved cases by this examiner. Grant probability derived from career allowance rate.

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