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 .
Response to Amendment
The following addresses applicant’s remarks/amendments dated 15 October 2025.
The amendment is sufficient to overcome the objection to the abstract.
The amendment is sufficient to overcome the interpretation under 35 U.S.C. 112(f).
Claims 1-3 and 5-8 were amended. No claim was cancelled. No new claims were added. Therefore, claims 1-8 are currently pending in the current application and are addressed below
Response to Arguments
Applicant’s arguments, see pages 9-12 of the Remarks, filed 15 October 2025, with respect to the rejection of claims 1, 7, and 8 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Mandai et al., US 10656251 B1.
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 and 6-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mandai et al., US 10656251 B1 ("Mandai").
Regarding claim 1, Mandai discloses a solid-state imaging element, comprising: a pixel array unit (Fig. 6, SPAD detector 600, Col. 7 line 65 – Col. 8 line 8); and circuitry configured to: detect, at each time of a specific number of times, a respective number of photons incident on the pixel array unit (Fig. 6, readout and control circuitry 615, AF circuitry 606, TDC array 608, Col. 8 lines 9-15, Col. 9, lines 18-28); output a plurality of detection results, wherein each detection result of the plurality of detection results includes the respective number of photons and a detection timing of a plurality of detection timings of the respective number of photons (Fig. 6, histogram memories 612, Col. 9 lines 29-32; Fig. 5, histogram 510, 516, 520, Col. 7 lines 25-48); generate a plurality of histograms based on the plurality of detection results, wherein each histogram of the plurality of histograms corresponds to the respective number of photons (Fig. 5, histogram 510, second histogram 516, third histogram 520, Col. 7 lines 25-48), the respective number of photons corresponding to a first histogram of the plurality of histograms is different from the respective number of photons corresponding to a second histogram of the plurality of histograms (Fig. 5, histogram 510, second histogram 516, Col. 7 lines 25-48), and the each histogram of the plurality of histograms indicates a detection frequency of the respective number of photons for each detection timing of the plurality of detection timings (Fig. 5, histogram 510, second histogram 516, third histogram 520, Col. 7 lines 25-48); and measure a distance to a specific object based on the plurality of histograms (Fig. 1, target 106, Col. 4 lines 48-67).
Regarding claim 6, Mandai discloses the solid-state imaging element according to claim 1, wherein the pixel array unit includes a plurality of pixel blocks, each pixel block of the plurality of pixel blocks includes a plurality of pixels (Fig. 6, pixels 622 selected as light beam 620 is scanned across pixel array 602, Col. 8 lines 16-38), and the circuitry is further configured to: detect the respective number of photons for the each pixel block of the plurality of pixel blocks (Fig. 6, TDC array circuit 608, Col. 9 lines 17-28); generate the plurality of histograms for the each pixel block of the plurality of pixel blocks (Fig. 6, TDC array circuit 608, histogram memories 612, Col. 9 lines 29-32); and measure the distance for the each pixel block of the plurality of pixel blocks (Fig. 1, target 106, Col. 4 lines 48-67).
Regarding claim 7, Mandai discloses an electronic device, comprising: a light emitting unit configured to emit light in synchronization with a synchronization signal (Fig. 1, emitter 102, Col. 4 lines 40-51); a pixel array unit (Fig. 6, SPAD detector 600, Col. 7 line 65 – Col. 8 line 8); and circuitry configured to: detect, at each time of a specific number of times, a respective number of photons incident on the pixel array unit (Fig. 6, readout and control circuitry 615, AF circuitry 606, TDC array 608, Col. 8 lines 9-15, Col. 9, lines 18-28), wherein the detection is based on the emitted light (Fig. 1, emitter 102, Col. 4 lines 52-67); output a plurality of detection results, wherein each detection result of the plurality of detection results includes the respective number of photons and a detection timing of a plurality of detection timings of the respective number of photons (Fig. 6, histogram memories 612, Col. 9 lines 29-32; Fig. 5, histogram 510, 516, 520, Col. 7 lines 25-48); generate a plurality of histograms based on the plurality of detection results, wherein each histogram of the plurality of histograms corresponds to the respective number of photons (Fig. 5, histogram 510, second histogram 516, third histogram 520, Col. 7 lines 25-48), the respective number of photons corresponding to a first histogram of the plurality of histograms is different from the respective number of photons corresponding to a second histogram of the plurality of histograms (Fig. 5, histogram 510, second histogram 516, Col. 7 lines 25-48), and the each histogram of the plurality of histograms indicates a detection frequency of the respective number of photons for each detection timing of the plurality of detection timings (Fig. 5, histogram 510, second histogram 516, third histogram 520, Col. 7 lines 25-48); and measure a distance to a specific object based on the plurality of histograms (Fig. 1, target 106, Col. 4 lines 48-67).
Claim 8 is a method claim corresponding to apparatus claim 1 and is rejection for the same reasons.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mandai in view of Schleusner et al., US 20180000011 A1 (“Schleusner”).
Regarding claim 2, Mandai discloses the solid-state imaging element according to claim 1, […]; output a synthesized histogram based on the synthesis (Fig. 5, histograms 510, 516, 520, final histogram 524, Col 7 lines 49-59); and measure the distance based on the synthesized histogram (Fig. 1, target 106, Col. 4 lines 48-67; Fig. 5, final histogram 524, Col 7 lines 49-59).
Mandai does not teach: wherein the circuitry is further configured to synthesize a set of histograms of which a degree of variation does not exceed a threshold value among the plurality of histograms.
However, Schleusner teaches creating histograms that are ranked by the narrowest spread to the widest spread using the standard deviation. A reference histogram is then produced from the histograms with the narrowest spread (Fig. 12A-B histograms 1018, Paragraph [0260]; Fig. 13, step 1070, Paragraph [0270]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Mandai’s combined histogram by combining histograms that meet a standard deviation criteria, which is disclosed by Schleusner. One of ordinary skill in the art would have been motivated to make this modification in order to improve accuracy of image processing functions and statistical analysis steps, as suggested by Schleusner (Paragraph [0269]).
Regarding claim 3, Mandai, as modified in view of Schleusner, discloses the solid-state imaging element according to claim 2, wherein the circuitry is further configured to: set a weight for the each histogram of the plurality of histograms based on the degree of variation (Schleusner, Fig. 12A-B histograms 1018, Paragraph [0260]; Fig. 13, step 1070, Paragraph [0270]); and perform, based on the set weight (Schleusner, Fig. 12A-B histograms 1018, Paragraph [0260]; Fig. 13, step 1070, Paragraph [0270]), a weighted addition of the detection frequency in the each histogram of the plurality of histograms (Fig. 5, histograms 510, 516, 520, combine 522, final histogram 524, Col 7 lines 49-59).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Mandai’s combined histogram by performing a weighted combination of the histograms based on a standard deviation criteria, which is disclosed by Schleusner. One of ordinary skill in the art would have been motivated to make this modification in order to improve accuracy of image processing functions and statistical analysis steps, as suggested by Schleusner (Paragraph [0269]).
Regarding claim 4, Mandai, as modified in view of Schleusner, discloses the solid-state imaging element according to claim 2, wherein the degree of variation is a standard deviation (Schleusner, Fig. 12A-B histograms 1018, Paragraph [0260]; Fig. 13, step 1070, Paragraph [0270]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Mandai’s combined histogram by performing a weighted combination of the histograms based on a standard deviation criteria, which is disclosed by Schleusner. One of ordinary skill in the art would have been motivated to make this modification in order to improve accuracy of image processing functions and statistical analysis steps, as suggested by Schleusner (Paragraph [0269]).
Regarding claim 5, Mandai discloses the solid-state imaging element according to claim 1, […]; and measure the distance based on the selected histogram (Fig. 1, target 106, Col. 4 lines 48-67).
Mandai does not teach: wherein the circuitry is further configured to select a histogram of which a degree of variation is minimum among the plurality of histograms.
However, Schleusner teaches creating histograms that are ranked by the narrowest spread to the widest spread using the standard deviation. A reference histogram is then produced from a predetermined number of histograms with the narrowest spread (Fig. 12A-B histograms 1018, Paragraph [0260]; Fig. 13, step 1070, Paragraph [0270]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Mandai’s combined histogram by selecting histograms that meet a standard deviation criteria, which is disclosed by Schleusner. One of ordinary skill in the art would have been motivated to make this modification in order to improve accuracy of image processing functions and statistical analysis steps, as suggested by Schleusner (Paragraph [0269]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL N NGUYEN whose telephone number is (571)270-5405. The examiner can normally be reached Monday - Friday 8 am - 5:30 pm ET.
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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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/RACHEL NGUYEN/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645