Prosecution Insights
Last updated: July 17, 2026
Application No. 17/621,895

TIME-OF-FLIGHT IMAGING APPARATUS AND TIME-OF-FLIGHT IMAGING METHOD

Non-Final OA §103
Filed
Dec 22, 2021
Priority
Jul 05, 2019 — EU 19184668.2 +1 more
Examiner
VASQUEZ JR, ROBERT WILLIAM
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Sony Group Corporation
OA Round
4 (Non-Final)
11%
Grant Probability
At Risk
4-5
OA Rounds
0m
Est. Remaining
19%
With Interview

Examiner Intelligence

Grants only 11% of cases
11%
Career Allowance Rate
2 granted / 18 resolved
-40.9% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
28 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§103
92.0%
+52.0% vs TC avg
§102
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 18 resolved cases

Office Action

§103
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 The amendment filed March 9th, 2026 has been entered. Claims 1-8, 11-18, and 21-24 remain pending in the application. Claim Rejections - 35 USC § 103 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. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-4, 8, 11-14, and 18, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al. (United States Patent Application Publication 20170052065 A1), hereinafter Sharma, in view of Wan et al. (United States Patent Application Publication 20160182789 A1), hereinafter Wan. Regarding claim 1, Sharma teaches a time-of-flight imaging apparatus comprising circuitry ([0001] The present invention relates generally to electronic imaging, and particularly to devices and methods for depth mapping based on time-of-flight measurement), configured to: acquire, in a coarse imaging mode, coarse depth data ([0021] each frame is divided into two phases: a coarse measurement phase, in which the approximate TOF value for the pixel is estimated); acquire, in a precise imaging mode, precise depth data ([0021] followed by a fine measurement phase, in which a TOF histogram is captured within a narrow measurement window that is set on the basis of the approximate TOF found in the coarse phase.); and determine a distance to a scene based on the coarse depth data and the precise depth data ([0021] a coarse measurement phase, in which the approximate TOF value for the pixel is estimated, followed by a fine measurement phase, in which a TOF histogram is captured within a narrow measurement window that is set on the basis of the approximate TOF found in the coarse phase). wherein the circuitry is further configured to select between one of the coarse imaging mode and the precise imaging mode ([0021] Embodiments of the present invention that are described herein address this problem by using adaptively gated detection, so that memory resources are applied selectively at each pixel in each depth mapping frame.). Sharma fails to teach the imaging apparatus wherein the selection is based on at least one of an intensity requirement of the light source, a contrast requirement, and an aliasing distance. However, Wan teaches the imaging apparatus wherein the selection is based on at least one of an intensity requirement of the light source, a contrast requirement, and an aliasing distance ("[0064] With the applicable input parameters the smart illumination methods 301 effectively determine which tradeoffs control and/or which direction and how heavily any particular tradeoff should be weighed in order to generate image capture control commands for the camera 303b that specify what region(s) to illuminate, the intensity of the emitted light, whether any scanning applies and, e.g., if so applicable scanning parameters (e.g., time to scan, velocity of scan, scanning pattern, etc.).") It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the intensity requirement consideration for image mode selection similar to Wan, with a reasonable expectation of success. This would have the predictable result of altering the imaging mode based on a variety of factors, including incoming stray light from a surrounding environment. Regarding claim 2, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, wherein the circuitry is further configured to provide an imaging mode sequence including the coarse imaging mode and the precise imaging mode (Fig. 1; [0023] The controller is responsible for implementing the coarse and fine measurement phases). Regarding claim 3, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 2, wherein the imaging mode sequence is at least one of a random sequence and a predetermined sequence ([0024] When this coarse measurement is completed, the fine measurement phase begins, comprising a second sequence of acquisition periods, following the first sequence.). Regarding claim 4, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, further comprising an image sensor including at least one transfer gate, the circuitry being further configured to modulate, with a modulation signal, the at least one transfer gate for acquiring at least one of the coarse depth data and the precise depth data ([0033] sub-window manager circuit 62 first sweeps the gating interval across the acquisition period during the coarse measurement phase...Controller 72 then instructs circuit 62 to set the gating interval for the fine measurement interval). Regarding claim 8, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, wherein the circuitry is further configured to acquire, in the coarse imaging mode, active infrared data ([0028] The term “light,” as used in the present description and in the claims, refers to optical radiation, which may be in any of the visible, infrared, and ultraviolet ranges.). Regarding claim 11, Sharma teaches a time-of-flight imaging method ([0001] The present invention relates generally to electronic imaging, and particularly to devices and methods for depth mapping based on time-of-flight measurement.), comprising: acquiring, in a coarse imaging mode, coarse depth data ([0021] each frame is divided into two phases: a coarse measurement phase, in which the approximate TOF value for the pixel is estimated); acquiring, in a precise imaging mode, precise depth data ([0021] followed by a fine measurement phase, in which a TOF histogram is captured within a narrow measurement window that is set on the basis of the approximate TOF found in the coarse phase.); and determining a distance to a scene based on the coarse depth data and the precise depth data ([0021] a coarse measurement phase, in which the approximate TOF value for the pixel is estimated, followed by a fine measurement phase, in which a TOF histogram is captured within a narrow measurement window that is set on the basis of the approximate TOF found in the coarse phase). selecting between one of the coarse imaging mode and the precise imaging mode ([0021] Embodiments of the present invention that are described herein address this problem by using adaptively gated detection, so that memory resources are applied selectively at each pixel in each depth mapping frame.). Sharma fails to teach a time-of-flight method wherein the selection is based on at least one of a light source, an intensity requirement of the light source, a contrast requirement, and an aliasing distance. However, Wan teaches a time-of-flight method wherein the selection is based on at least one of a light source, an intensity requirement of the light source, a contrast requirement, and an aliasing distance ("[0064] With the applicable input parameters the smart illumination methods 301 effectively determine which tradeoffs control and/or which direction and how heavily any particular tradeoff should be weighed in order to generate image capture control commands for the camera 303b that specify what region(s) to illuminate, the intensity of the emitted light, whether any scanning applies and, e.g., if so applicable scanning parameters (e.g., time to scan, velocity of scan, scanning pattern, etc.)."). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the intensity requirement consideration for image mode selection similar to Wan, with a reasonable expectation of success. This would have the predictable result of altering the imaging mode based on a variety of factors, including incoming stray light from a surrounding environment. Regarding claim 12, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 11, further comprising: providing an imaging mode sequence including the coarse imaging mode and the precise imaging mode (Fig. 1; [0023] The controller is responsible for implementing the coarse and fine measurement phases). Regarding claim 13, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 12, wherein the imaging mode sequence is at least one of a random sequence and a predetermined sequence ([0024] When this coarse measurement is completed, the fine measurement phase begins, comprising a second sequence of acquisition periods, following the first sequence.). Regarding claim 14, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 11, further comprising: modulating, with a modulation signal, at least one transfer gate of an image sensor for acquiring at least one of the coarse depth data and the precise depth data ([0033] sub-window manager circuit 62 first sweeps the gating interval across the acquisition period during the coarse measurement phase...Controller 72 then instructs circuit 62 to set the gating interval for the fine measurement interval). Regarding claim 18, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 11, further comprising: acquiring, in the coarse imaging mode, active infrared data ([0028] The term “light,” as used in the present description and in the claims, refers to optical radiation, which may be in any of the visible, infrared, and ultraviolet ranges.). Regarding claim 21, Sharma, as modified above, the time-of-flight imaging apparatus according to claim 1, Sharma fails to teach the apparatus wherein in a case where the selection is based on the intensity requirement of the light source and presence of strong environmental light has been detected, the coarse imaging mode is selected if a required high light intensity with a short pulse length is insufficient for the precise imaging mode. However, Wan teaches the apparatus wherein in a case where the selection is based on the intensity requirement of the light source and presence of strong environmental light has been detected, the coarse imaging mode is selected if a required high light intensity with a short pulse length is insufficient for the precise imaging mode ([0063] The smart illumination methods 301 may also accept input information from the camera system 303b itself such as: 1) the distance between the object of interest and the camera; 2) the reflectivity of the object of interest; 3) the location and/or shape of the object of interest; 4) the intensity of the background light.). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the intensity based mode selection based on strong environmental light similar to Wan, with a reasonable expectation of success. This would have the predictable result of making the image mode selection based on a necessity determined by a surrounding, real world environment. Regarding claim 23, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, wherein in a case where the selection is based on the aliasing distance, a threshold distance exists where if a distance to the scene is below the threshold distance the precise imaging mode is selected, and if the distance to the scene is above the threshold distance, coarse imaging mode is selected ([0042] Typically, different pixels will have different detection windows, depending on the actual distance of the corresponding point on object 22 from device 20, and moreover, the detection window for any given pixel will vary from frame to frame if and as the object moves.). Claims 5, 7, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma in view of Wan, and further in view of Giger et al. (United States Patent Application Publication 20140307248 A1), hereinafter Giger. Regarding claim 5, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 4, Sharma fails to teach the imaging apparatus wherein the modulation signal includes, in the coarse imaging mode, a coarse modulation signal having a coarse modulation frequency and, in the precise imaging mode, a precise modulation signal having a precise modulation frequency, wherein the coarse modulation frequency and the precise modulation frequency differ from each other. However, Giger teaches the imaging apparatus wherein the modulation signal includes, in the coarse imaging mode, a coarse modulation signal having a coarse modulation frequency and, in the precise imaging mode, a precise modulation signal having a precise modulation frequency, wherein the coarse modulation frequency and the precise modulation frequency differ from each other ([0061] Firstly, in this case it is possible to use one or a plurality of burst packets--or else the envelope curve of the burst packets--as a whole for the coarse measurement (with an unambiguity dependent on the burst repetition frequency), while at the same time the higher-frequency modulation within one or a plurality of bursts can be used for the fine measurement). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the modulated frequencies similar to Giger, with a reasonable expectation of success. This would have the predictable result of increasing distinguishing resolution of the two signal modes. Regarding claim 7, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, further comprising a pulsed light source configured to emit modulated light for illuminating the scene ([0028] Illumination assembly 24 typically comprises a pulsed laser 28, which emits short pulses of light, with pulse duration in the picosecond range and repetition frequency in the range of 1-10 MHz), the circuitry being further configured to: control the pulsed light source to provide a coarse pulse length in the coarse imaging mode ([0045] In coarse phase 92, gating intervals 110 are set to different delays, relative to pulse 104, for different groups 100 of acquisition periods 98); and control the pulsed light source to provide a precise pulse length in the precise imaging mode ([0045] Subsequently, during acquisition periods 102 in fine measurement phase 94, sub-window manager 62 sets gating interval 110 to coincide with detection window 112, as illustrated by the final traces in FIG. 5.), Sharma fails to teach the circuitry wherein the precise pulse length differs from the coarse pulse length. However, Giger teaches the circuitry wherein the precise pulse length differs from the coarse pulse length ([0061] Firstly, in this case it is possible to use one or a plurality of burst packets--or else the envelope curve of the burst packets--as a whole for the coarse measurement (with an unambiguity dependent on the burst repetition frequency), while at the same time the higher-frequency modulation within one or a plurality of bursts can be used for the fine measurement with shorter unambiguity lengths but increased measurement accuracy). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the different pulse lengths of signals similar to Giger, with a reasonable expectation of success. This would have the predictable result of increasing distinguishing resolution of the two signal modes. Regarding claim 15, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 14. Sharma fails to teach the imaging method wherein the modulation signal includes, in the coarse imaging mode, a coarse modulation signal having a coarse modulation frequency and, in the precise imaging mode, a precise modulation signal having a precise modulation frequency, wherein the coarse modulation frequency and the precise modulation frequency differ from each other. However, Giger teaches the imaging method wherein the modulation signal includes, in the coarse imaging mode, a coarse modulation signal having a coarse modulation frequency and, in the precise imaging mode, a precise modulation signal having a precise modulation frequency, wherein the coarse modulation frequency and the precise modulation frequency differ from each other. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the modulated frequencies similar to Giger, with a reasonable expectation of success. This would have the predictable result of increasing distinguishing resolution of the two signal modes. Regarding claim 17, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 11 ([0028] Illumination assembly 24 typically comprises a pulsed laser 28, which emits short pulses of light, with pulse duration in the picosecond range and repetition frequency in the range of 1-10 MHz), further comprising: emitting modulated light for illuminating the scene with a pulsed light source ([0045] In coarse phase 92, gating intervals 110 are set to different delays, relative to pulse 104, for different groups 100 of acquisition periods 98); controlling the pulsed light source to provide a coarse pulse length in the coarse imaging mode ([0045] Subsequently, during acquisition periods 102 in fine measurement phase 94, sub-window manager 62 sets gating interval 110 to coincide with detection window 112, as illustrated by the final traces in FIG. 5.); controlling the pulsed light source to provide a precise pulse length in the precise imaging mode ([0045] Subsequently, during acquisition periods 102 in fine measurement phase 94, sub-window manager 62 sets gating interval 110 to coincide with detection window 112, as illustrated by the final traces in FIG. 5.) Sharma fails to teach the method wherein the precise pulse length differs from the coarse pulse length . However, Giger teaches the method wherein the precise pulse length differs from the coarse pulse length ([0061] Firstly, in this case it is possible to use one or a plurality of burst packets--or else the envelope curve of the burst packets--as a whole for the coarse measurement (with an unambiguity dependent on the burst repetition frequency), while at the same time the higher-frequency modulation within one or a plurality of bursts can be used for the fine measurement with shorter unambiguity lengths but increased measurement accuracy). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the different pulse lengths of signals similar to Giger, with a reasonable expectation of success. This would have the predictable result of increasing distinguishing resolution of the two signal modes. Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma in view of Wan, Giger, and further in view of Levitt et al. (United States Patent 6501258 B1), hereinafter Levitt. Regarding claim 6, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 5, Sharma, as modified, fails to teach the imaging apparatus wherein the modulation signal includes a superposed modulation signal based on a superposing of the coarse modulation frequency and the precise modulation frequency, thereby superposing the coarse imaging mode and the precise imaging mode. However, Levitt teaches the imaging apparatus wherein the modulation signal includes a superposed modulation signal based on a superposing of the coarse modulation frequency and the precise modulation frequency, thereby superposing the coarse imaging mode and the precise imaging mode ([Col.8: lines 38-41] The frequency encoder 600 combines the fine frequency offset from the FFM module 300 with the coarse frequency estimate from the RFC 200 to produce a composite frequency value). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the frequency superposing similar to Levitt, with a reasonable expectation of success. This would have the predictable result of increasing the accuracy of the depth signals. Regarding claim 16, Sharma, as modified above, teaches the time-of-flight imaging method according to claim 15, Sharma fails to teach the method wherein the modulation signal includes a superposed modulation signals based on a superposing of the coarse modulation frequency and the precise modulation frequency, thereby superposing the coarse imaging mode and the precise imaging mode. However, Levitt teaches the method wherein the modulation signal includes a superposed modulation signals based on a superposing of the coarse modulation frequency and the precise modulation frequency, thereby superposing the coarse imaging mode and the precise imaging mode ([Col.8: lines 38-41] The frequency encoder 600 combines the fine frequency offset from the FFM module 300 with the coarse frequency estimate from the RFC 200 to produce a composite frequency value). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the frequency superposing similar to Levitt, with a reasonable expectation of success. This would have the predictable result of increasing the accuracy of the depth signals. Claims 22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma in view of Wan, further in view of Steinlechner (United States Patent No. 6369880 B1), hereinafter Steinlechner. Regarding Claim 22, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 1, Sharma fails to teach wherein in a case where the selection is based on the contrast requirement, the contrast requirement is based on whether the coarse imaging mode and the fine imaging mode has a greater modulation contrast. However, Steinlechner teaches wherein in a case where the selection is based on the contrast requirement, the contrast requirement is based on whether the coarse imaging mode and the fine imaging mode has a greater modulation contrast ([Col. 8, lines 1-8] In an embodiment according to the present invention, the combination of the two operating modes, which are provided by the present invention makes possible a large uniqueness range along with high resolution. This is due to the fact that a large uniqueness range and a less high resolution, in the first operating mode, and high resolution and a smaller uniqueness range, in the second operating mode, are combined with each other.). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the contrast based imagining mode selection similar to Steinlechner, with a reasonable expectation of success. This would have the predictable result of determining an imaging mode based on the requirements of reliable object detection in a real world, light noisy environment. Regarding Claim 24, Sharma, as modified above, teaches the time-of-flight imaging apparatus according to claim 23, Sharma fails to teach wherein in a case where the selection is based on the aliasing distance, the precise imaging mode is used if a precise imaging frequency is higher than the coarse imaging frequency However, Steinlechner teaches wherein in a case where the selection is based on the aliasing distance, the precise imaging mode is used if a precise imaging frequency is higher than the coarse imaging frequency ([Col. 6, line 6-14] The modulation takes place as a result of pulse shaper 206 having short square-wave pulses at repeat frequency f.sub.1 or f.sub.1 /n. The device is furnished with two operating modes, modulation taking place in the first operating mode using frequency f.sub.1 /n for the rough measurement of the distance to the object being sighted, and modulation taking place in the second operating mode using frequency f.sub.1 for the precise measurement of the distance.) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Sharma to comprise the frequency-based aliasing image mode selection similar to Steinlechner, with a reasonable expectation of success. This would have the predictable result of making a decision on image mode selection based on the more reliable frequency range required in a variety of real world environments. Response to Arguments Applicant's arguments filed March 9th, 2026 have been fully considered but they are not persuasive. Regarding the applicant’s argument that the prior art of Wan fails to teach a device wherein the selection is based on at least one of an intensity requirement of a light source, a contrast requirement and an aliasing distance, the argument is found to not be persuasive. While the prior art of Sharma has been shown to teach the selection of an imaging mode based on an input, it lacks the specification of using intensity, contrast, or aliasing as a determining factor from which to change these modes; however, the prior art of Wan teaches processing intensity as a method to alter to output of the system, and as such, it is the processing that would be obvious to combine with the prior art of Sharma to arrive at the same invention as that of the immediate application. Reasons for obviousness to combine have been provided previously and above, and as such the rejection is maintained in this Final Office Action. 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 ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 8:00-5:00 PST. 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, HELAL ALGAHAIM can be reached at (571)270-5227. 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. /ROBERT W VASQUEZ/Examiner, Art Unit 3645 /HELAL A ALGAHAIM/SPE , Art Unit 3645
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Prosecution Timeline

Show 3 earlier events
Aug 27, 2025
Final Rejection mailed — §103
Oct 27, 2025
Response after Non-Final Action
Nov 26, 2025
Request for Continued Examination
Dec 04, 2025
Response after Non-Final Action
Dec 29, 2025
Non-Final Rejection mailed — §103
Mar 09, 2026
Response Filed
Apr 20, 2026
Final Rejection mailed — §103
May 20, 2026
Response after Non-Final Action

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Prosecution Projections

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Expected OA Rounds
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19%
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4y 2m (~0m remaining)
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