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 .
Status of Claims
Claims 1, 3-10, and 16 are pending.
Response to Arguments
Applicant’s arguments filed 3/9/2026, with respect to the rejections of claims 1, 3, 4, 7-10 and 16 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made under 35 U.S.C. 103.
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, 3-10, and 16 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 Claims 1 and 16: Claims 1 and 16 recite the limitation: “outputs data by switching a first output mode in which the distance data are output and a second output mode in which the luminance data corresponding to the respective exposure periods for generating the distance data are output by bypassing processing for generating the distance data.” It is unclear how the processor can generate luminance data, generate distance data, and then switch from outputting distance data to luminance data “by bypassing processing for generating the distance data”. For the purposes of examination, this is interpreted as follows: if no raw data request is received, generate distance data; if raw data request is received, skip distance calculation and generate luminance data. This interpretation is based off applicant’s Fig. 19.
All other claims are rejected by virtue of dependency.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 7-10, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 10928518 B2) in view of Ishii (US 20180246214 A1).
Regarding Claim 1: Yoshida discloses a sensing device (Fig. 1) comprising:
a light source; a light receiving device including at least one light receiving element that performs photoelectric conversion (Fig. 1, light source 13, receiver 14. Col. 4 lines 21-33); and
a processing circuit that controls the light source and the light receiving device (Fig. 1, control unit 12, processing unit 15), wherein the processing circuit
causes the light source to emit light to a scene at least once (Fig. 6. Col. 4 lines 15-20),
causes the light receiving device to receive reflected light in each of a plurality of exposure periods, the reflected light resulting from the emitted light (Fig. 6, windows W0, W1, and W2),
generates, based on received light data from the light receiving device, luminance data that indicates amounts of reflected light received in the respective exposure periods, the respective exposure periods corresponding to different timings predetermined with respect to a light emission timing in a distance measurement according to an indirect time of flight method (Fig. 6, Q00, Q01, and Q0B. Col. 9, equations 3 and 4),
generates distance data for the scene based on the luminance data corresponding to the respective exposure periods (Col. 9, equations 3 and 4 and lines 1-16).
Yoshida does not expressly teach that the system outputs data by switching a first output mode in which the distance data are output and a second output mode in which the luminance data corresponding to the respective exposure periods for generating the distance data are output by bypassing processing for generating the distance data.
Ishii teaches a sensing device with a light source and a receiver that performs photoelectric conversion and a processing circuit (Fig. 1. Source 40 receiver 10 processor 20),
which outputs data by switching a first output mode in which the distance data are output and a second output mode in which the luminance data corresponding to the respective exposure periods for generating the distance data are output by bypassing processing for generating the distance data (Fig. 11 and [0145] pixel region 52 with luminance line signal 58 and distance signal line 59 and luminance-distance switch 60. [0152] – [0153] the data is output as either distance or luminance data, since the switch determines whether to use distance or luminance signal line. Both are not used simultaneously).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the receiver disclosed by Yoshida, such that there is a distance-luminance switch in the detector circuit, as taught by Ishii, such that the data is output as either luminance or distance data. Ishii explains that being able to obtain this luminance image and a background image, in addition to the distance image, the dynamic range of the imaging device can be improved, even in a case where there is a lot of background light (Ishii, [0009]).
Regarding Claim 3: Yoshida, in view of Ishii, teaches the sensing device according to claim 1. Yoshida further discloses that wherein in accordance with a request from an external apparatus, the processing circuit outputs the distance data and the luminance data through switching therebetween (Fig. 1, input receiving unit 11. Col. 3, lines 42-54).
Regarding Claim 7: Yoshida, in view of Ishii, teaches the sensing device according to claim 1. Yoshida further discloses that wherein the processing circuit repeats frame operations (Fig. 6, multiple frame periods) each of the frame operations includes causing the light source to emit the light to the scene (Fig. 6, light emission signal), causing the light receiving data to generate the received light data for each of the exposure periods (Fig. 6, light exposure amount).
In this combination there is a distance/luminance switch, determining whether to output data as distance or luminance data, as taught by Ishii. Ishii further teaches: outputting at least one selected from the group consisting of the distance data and a pair of the luminance data and the timing data ([0074] processor 20 controls the light emission and detection and controls the pixels through pixel drive circuit. And Fig. 11, selection switch 60); and wherein the processing circuit determines, for each frame operation, which of the distance data and the pair of the luminance and timing data is to be output (Fig. 11, selection switch 60 determines whether the collected data is output through luminance signal line 58 to generate luminance image, or to distance signal line 59 for distance determination).
Regarding Claim 8: Yoshida, in view of Ishii, teaches the sensing device according to claim 7. In this combination, Ishii further teaches when the luminance data or the distance data is to be output, the processing circuit adds an identifier indicating which data of the luminance data and the distance is included and outputs the luminance or the distance data ([0152] – [0153] the distance information is sent through distance signal line 59 to determine distance. Luminance data is output as luminance image, and the received light data is sent through luminance signal line 58).
Regarding Claim 9: Yoshida, in view of Ishii, teaches the sensing device according to claim 1. Yoshida further discloses wherein the processing circuit outputs the distance data and the luminance data through switching therebetween for each for a plurality of regions included in the scene (Figs. 7-9, this method is applied to the entire scene, including the region with object 1 and the region with object 2).
Regarding Claim 10: Yoshida, in view of Ishii, teaches the sensing device according to claim 7. In this combination, Ishii further teaches when the processing circuit switches between the output of the distance data and the output pair of the luminance and the timing data, the processing circuit outputs data of fixed values that are common to the frame operations (Fig. 12, the background measurement, distance measurement, and luminance measurement occur during different periods, but all of these measurements are part of one single “frame period”).
Regarding Claim 16: Yoshida discloses A non transitory computer readable medium having a program stored thereon (Col. 5, lines 39-47. Program stored in RAM or ROM and executed by FPGA) the program causing a computer to execute:
causing a light source to emit light to a scene once (Fig. 6, light emission signal. Fig. 1, emitter 13);
causing a light receiving device to receive reflected light in each of a plurality of exposure periods, the reflected light being resulting from the emitted light (Fig. 1, receiver 14. Fig. 6);
generating, based on received light data from the light receiving device, luminance data that indicates amounts of reflected light received in the respective exposure periods, the respective exposure periods corresponding to different timings predetermined with respect to a light emission timing in a distance measurement according to an indirect time of flight method (Fig. 6, Q00, Q01, and Q0B. Col. 9, equations 3 and 4),
generating distance data for the scene based on the luminance data corresponding to the respective exposure periods (Col. 9, equations 3 and 4 and lines 1-16).
Yoshida does not expressly teach that the system outputs data by switching a first output mode in which the distance data are output and a second output mode in which the luminance data corresponding to the respective exposure periods for generating the distance data are output by bypassing processing for generating the distance data.
Ishii teaches a sensing device with a light source and a receiver that performs photoelectric conversion and a processing circuit (Fig. 1. Source 40 receiver 10 processor 20),
which outputs data by switching a first output mode in which the distance data are output and a second output mode in which the luminance data corresponding to the respective exposure periods for generating the distance data are output by bypassing processing for generating the distance data (Fig. 11 and [0145] pixel region 52 with luminance line signal 58 and distance signal line 59 and luminance-distance switch 60. [0152] – [0153] the data is output as either distance or luminance data, since the switch determines whether to use distance or luminance signal line. Both are not used simultaneously).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the receiver disclosed by Yoshida, such that there is a distance-luminance switch in the detector circuit, as taught by Ishii, such that the data is output as either luminance or distance data. Ishii explains that being able to obtain this luminance image and a background image, in addition to the distance image, the dynamic range of the imaging device can be improved, even in a case where there is a lot of background light (Ishii, [0009]).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 10928518 B2), in view of Ishii (US 20180246214 A1), further in view of Nakamura (US 20180135980 A1).
Regarding Claim 4: Yoshida and Ishii teach the device according to claim 1. They do not expressly teach that when in accordance with a state of the received light data, the processing circuit outputs the distance data and the luminance data through switching therebetween.
Nakamura teaches this limitation in paragraph [0089] and Fig. 6. The device outputs the measurement data based on the signal to noise ratio and whether interference has been detected.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the device taught by Yoshida and Ishii, by incorporating the determination of SNR and interference, as taught by Nakamura. This would enable the system to adapt to a change in background light and changes in intensity of light (Nakamura, [0101]). This would also enable the system to identify whether there is interference present, improving reliability (Nakamura, [0014]).
Regarding Claim 5: Yoshida and Ishii teach the device according to claim 1. They do not expressly teach that when the processing circuit calculates an amount of noise in the received light data with respect to at least one of the exposure periods, outputs the luminance data when the amount of noise exceeds a threshold and outputs the distance data when the amount of noise does not exceed the threshold.
Nakamura teaches an imaging device that calculates the amount of noise in received light data (paragraph [0089] and Fig. 6. The device outputs the measurement data based on the signal to noise ratio and whether interference has been detected. [0135] If there is too much noise present, then that particular pixel/group of pixels is not used for distance measurement).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the device taught by Yoshida and Ishii, by incorporating the determination of SNR and interference, as taught by Nakamura. If there is too much noise present, then that particular pixel/group of pixels is not used for distance measurement (Nakamura, [0135]). However, with the combination made in view of Ishii, a luminance image is captured and then output in each frame period (Ishii, Fig. 12). Even if there is too much noise for a distance measurement in a particular frame/detection/measurement, the luminance image is still output as part of that frame period. This modification would enable the system to adapt to a change in background light and changes in intensity of light (Nakamura, [0101]). This would also enable the system to identify whether there is interference present, improving reliability (Nakamura, [0014]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 10928518 B2), in view of Ishii (US 20180246214 A1), further in view of Lu (US 20200209356 A1). Yoshida and Ishii teach the device of claim 1. They do not expressly teach wherein the processing circuit calculates a reflectance by using the received light data with respect to at least one of the exposure periods, outputs the distance data when the reflectance exceeds a threshold and outputs luminance data when the reflectance does not exceed the threshold.
Lu teaches this limitation with Fig. 3 and paragraph [0044]. Signals below a predetermined power level are filtered out. If timing data, which is directly correlated to distance, can be identified, then the distance is output. However, if the timing data cannot be output, then the amplitude data, which indicates the intensity/amount of received light, is output without the distance data.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device taught by Yoshida and Ishii, such that a reflectance is calculated and used to determine whether distance or luminance data can be output, as taught by Lu. Identifying reflectance data can also provide information about the object. When an amplitude of a reflected pulse is stronger than expected for an object at that particular distance, the system can determine properties about the object and its surface (Lu, [0045]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Washura (US 10972638 B1) teaches a lidar system that outputs both a distance image and an intensity image, where the distance is determined via a phase difference measurement.
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.
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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.
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/ISABELLE LIN BOEGHOLM/ Examiner, Art Unit 3645
/YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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