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 November 12th, 2025 has been entered. Claims 1-5 remain pending in the application. Applicant's amendments to the Specification, specifically the Abstract, have overcome each and every objection previously set forth in the Non-Final office Action mailed August 13th, 2025.
Claim Rejections - 35 USC § 102
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 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, 4, and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Alalusi (United States Patent Application Publication 20200132832 A1), hereinafter Alalusi.
Regarding claim 1, Alalusi teaches a phase difference calculation device comprising:
a time of flight (ToF) sensor including a light source configured to direct a pulse light (PL) toward an object ([0057] In one embodiment, the sensing apparatus 102 includes a radar system that transmits electromagnetic pulse sequences as transmitted signals 106 toward the target object 104 that are at least partially reflected as echoes 108);
a first light amount acquisition unit that, among continuous first, second, and third time windows having a same length, acquires a first light amount of reflected light from the object result from PL applied in the first time window and received in the first time window and a second light amount of the reflected light from the object received in the second time window; ([0060] In one embodiment, the control unit 112 may direct the sensing assembly 102 to take periodic measurements of the separation distance 110; Fig. 3B);
a time window shift control unit that shifts the first, second, and third time windows in a negative direction of a time axis to with respect to the PL set fourth, fifth, and sixth time windows, and shifts the fourth, fifth, and sixth time windows in the negative direction of the time axis until no reflected light is received in the fourth time window; ([0090] Alternatively, the correlation window 320 may include a different number of bits 300, 302. The correlator device 731 can temporally shift the correlation window 320 along the echo signal 740 in order to identify where (e.g., which subset of the echo signal 226) more closely matches the pattern in the correlation window 320 more than one or more (or all) of the other portions of the echo signal 740.);
a second light amount acquisition unit that acquires a third light amount of the reflected light received in the sixth time window (Fig. 2; [0070] The front end receiver 218 can include an amplifier 220 and mixers 222A, 222B... The mixers 222A, 222B may include or represent one or more mixing devices that receive different components or channels of the echo signal 224 to mix with the oscillating signal 216 (or a copy of the oscillating signal 216) from the oscillating device 214.); and
a phase difference calculation unit that calculates a phase difference between the PL and the reflected light on a basis of a first corrected light amount obtained by adding the third light amount to the first light amount and a second corrected light amount obtained by subtracting the third light amount from the second light amount. (Fig. 2; [0076] In the ultrafine stage, the sensing assembly 102 also can examine the I and/or Q component of the baseband echo signal 226 and the replicated pattern signal to determine a temporal overlap or mismatch between the I and/or Q components of the baseband echo signal 226 and the replicated pattern signal. The temporal overlap or mismatch of the Q components of the baseband echo signal 226 and the replicated pattern signal may represent an additional time delay that can be added to the time of flight calculated from the coarse stage and the fine stage (e.g., by examining the I and/or Q components) to determine a relatively accurate estimation of the time of flight.; [0078] The total position estimate 260 can be communicated to the control unit 112 (shown in FIG. 1) so that the control unit 112 can use data or information representative of the separation distance 110 and/or the time of flight for one or more other uses, calculations, and the like, and/or for presentation to an operator on the output device 116).
Regarding claim 4, Alalusi teaches a phase difference calculation method comprising:
directing a pulse light (PL) toward an object ([0057] In one embodiment, the sensing apparatus 102 includes a radar system that transmits electromagnetic pulse sequences as transmitted signals 106 toward the target object 104 that are at least partially reflected as echoes 108);
among continuous first, second, and third time windows having a same length, acquiring a first light amount of reflected light from the object resulting from PL applied in the first time window and received in the first time window and a second light amount of the reflected light from the object received in the second time window; ([0060] In one embodiment, the control unit 112 may direct the sensing assembly 102 to take periodic measurements of the separation distance 110; Fig. 3B);
shifting the first, second, and third time windows in a negative direction of a time axis with respect to the PL to set fourth, fifth, and sixth time windows, and shifting the fourth, fifth, and sixth time windows in the negative direction of the time axis until no reflected light is received in the fourth time window; ([0090] Alternatively, the correlation window 320 may include a different number of bits 300, 302. The correlator device 731 can temporally shift the correlation window 320 along the echo signal 740 in order to identify where (e.g., which subset of the echo signal 226) more closely matches the pattern in the correlation window 320 more than one or more (or all) of the other portions of the echo signal 740.);
acquiring a third light amount of the reflected light received in the sixth time window (Fig. 2; [0070] The front end receiver 218 can include an amplifier 220 and mixers 222A, 222B... The mixers 222A, 222B may include or represent one or more mixing devices that receive different components or channels of the echo signal 224 to mix with the oscillating signal 216 (or a copy of the oscillating signal 216) from the oscillating device 214.); and
calculating a phase difference between the PL and the reflected light on a basis of a first corrected light amount obtained by adding the third light amount to the first light amount and a second corrected light amount obtained by subtracting the third light amount from the second light amount. (Fig. 2; [0076] In the ultrafine stage, the sensing assembly 102 also can examine the I and/or Q component of the baseband echo signal 226 and the replicated pattern signal to determine a temporal overlap or mismatch between the I and/or Q components of the baseband echo signal 226 and the replicated pattern signal. The temporal overlap or mismatch of the Q components of the baseband echo signal 226 and the replicated pattern signal may represent an additional time delay that can be added to the time of flight calculated from the coarse stage and the fine stage (e.g., by examining the I and/or Q components) to determine a relatively accurate estimation of the time of flight.; [0078] The total position estimate 260 can be communicated to the control unit 112 (shown in FIG. 1) so that the control unit 112 can use data or information representative of the separation distance 110 and/or the time of flight for one or more other uses, calculations, and the like, and/or for presentation to an operator on the output device 116).
Regarding claim 5, Alalusi teaches a non-transitory, computer readable storage medium containing a computer program, which when executed by a computer, causes the computer to perform a phase difference calculation method by carrying out actions ([0059] stored on a tangible and non-transitory computer readable storage medium), comprising:
directing a pulse light (PL) toward an object ([0057] In one embodiment, the sensing apparatus 102 includes a radar system that transmits electromagnetic pulse sequences as transmitted signals 106 toward the target object 104 that are at least partially reflected as echoes 108);
among continuous first, second, and third time windows having a same length, acquiring a first light amount of reflected light from the object resulting from PL in the first time window and received in the first time window and a second light amount of the reflected light from the object received in the second time window; ([0060] In one embodiment, the control unit 112 may direct the sensing assembly 102 to take periodic measurements of the separation distance 110; Fig. 3B);
shifting the first, second, and third time windows in a negative direction of a time axis with respect to the PL to set fourth, fifth, and sixth time windows by a time window shift control unit, and shifting the fourth, fifth, and sixth time windows in the negative direction of the time axis until no reflected light is received in the fourth time window; ([0090] Alternatively, the correlation window 320 may include a different number of bits 300, 302. The correlator device 731 can temporally shift the correlation window 320 along the echo signal 740 in order to identify where (e.g., which subset of the echo signal 226) more closely matches the pattern in the correlation window 320 more than one or more (or all) of the other portions of the echo signal 740.);
acquiring a third light amount of the reflected light received in the sixth time window (Fig. 2; [0070] The front end receiver 218 can include an amplifier 220 and mixers 222A, 222B... The mixers 222A, 222B may include or represent one or more mixing devices that receive different components or channels of the echo signal 224 to mix with the oscillating signal 216 (or a copy of the oscillating signal 216) from the oscillating device 214.); and
calculating a phase difference between the PL and the reflected light on a basis of a first corrected light amount obtained by adding the third light amount to the first light amount and a second corrected light amount obtained by subtracting the third light amount from the second light amount. (Fig. 2; [0076] In the ultrafine stage, the sensing assembly 102 also can examine the I and/or Q component of the baseband echo signal 226 and the replicated pattern signal to determine a temporal overlap or mismatch between the I and/or Q components of the baseband echo signal 226 and the replicated pattern signal. The temporal overlap or mismatch of the Q components of the baseband echo signal 226 and the replicated pattern signal may represent an additional time delay that can be added to the time of flight calculated from the coarse stage and the fine stage (e.g., by examining the I and/or Q components) to determine a relatively accurate estimation of the time of flight.; [0078] The total position estimate 260 can be communicated to the control unit 112 (shown in FIG. 1) so that the control unit 112 can use data or information representative of the separation distance 110 and/or the time of flight for one or more other uses, calculations, and the like, and/or for presentation to an operator on the output device 116).
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Alalusi in view of Kim (United States Patent Application Publication 20150301162 A1), hereinafter Kim.
Regarding claim 2, Alalusi teaches the phase difference calculation device according to claim 1, further comprising:
a light reception unit that includes a light reception element for receiving the reflected light ([0065] The front end 200 includes a transmitting antenna 204 and a receiving antenna 206...The receiver may be replaced by a photo detector or photodiode.)
Alalusi fails to teach the device wherein the calculation device comprises a shutter for blocking light incident on the light reception element at predetermined time intervals, and wherein the time window shift control unit shifts the fourth, fifth, and sixth time windows in the negative direction of the time axis by advancing an operation timing of the shutter.
However, Kim teaches the device wherein the calculation device comprises a shutter for blocking light incident on the light reception element at predetermined time intervals ([0017] Said stage that receives multiple signals reflected from said target of measurement at different phases through the operation of the shutter may consist of a stage that receives Signal 1 reflected from said target of measurement through the operation of Shutter 1 at Phase 1, a stage that receives Signal 2 reflected from said target of measurement through the operation of Shutter 2 at Phase 2...), and wherein the time window shift control unit shifts the fourth, fifth, and sixth time windows in the negative direction of the time axis by advancing an operation timing of the shutter ([0064] Likewise, the signal generating part may generate Signal 3 at Time 3 after Time 2 and Signal 4 at Time 4 after Time 3. (C) in Drawing 1 shows that Signal 3 receives the Signal 3 reflected from the target of measuring (230) by the operation of Shutter 3 (235)).
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 Alalusi to comprise the shutter similar to Kim, with a reasonable expectation of success. This would have the predictable result of using a physical light gate for separating the incoming light and segmenting them into distinguishable time windows.
Regarding claim 3, Alalusi, as modified above, teaches the phase difference calculation device according to claim 2, wherein the light reception unit further includes a circuit configuration capable of comparing light amounts received in the fourth time window,
Alalusi fails to teach the device wherein the light amounts are received before and after the operation timing of the shutter is advanced.
However, Kim teaches the device wherein the light amounts are received before and after the operation timing of the shutter is advanced ([0064] Likewise, the signal generating part may generate Signal 3 at Time 3 after Time 2 and Signal 4 at Time 4 after Time 3. (C) in Drawing 1 shows that Signal 3 receives the Signal 3 reflected from the target of measuring (230) by the operation of Shutter 3 (235)).
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 Alalusi to comprise the shutter similar to Kim, with a reasonable expectation of success. This would have the predictable result of using a physical light gate for separating the incoming light and segmenting them into distinguishable time windows.
Response to Arguments
Applicant's arguments filed November 12th, 2025 have been fully considered but they are not persuasive.
The argument made by the applicant that the prior art of Alalusi does not teach the time window shift of the immediate application is found to be unpersuasive. As written, the claims do not specify so much that the prior art does not teach the same application of time shifting as described in the limitation. Under the broadest reasonable interpretation of one of reasonable skill in the art, the measure by which all claim language is required to be interpreted, the immediate claim language of a time shifting control as described is not different in a patentably distinct way from the method and system taught by Alalusi in the prior art of record.
Further, the argument that Alalusi fails to teach the limitation related to calculating a phase difference based not a light amount but a time delay is also found to be unpersuasive. The claim limitation, as written specifies only the process of determining a phase difference based on the light amount, but does not narrowly specify how the light amount calculation is to determine the phase difference. As the Alalusi prior art does use a light amount in their calculation, here not specified in the language to be a specific value or metric, the prior art of record is still considered to read on the claim limit under the broadest reasonable interpretation, and the rejection is maintained in this Final Office Action.
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 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.
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/ROBERT W VASQUEZ/Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645