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 .
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.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on January 20, 2020.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02 August 2023 by the applicant has been considered and is included in the file.
Response to Amendment
Prior objections to the drawings in relation to Fig. 2, specifically, have been overcome by applicant’s amendments received 28 November 2025 and are therefore withdrawn.
Examiner also acknowledges and thanks the applicant for inclusion of priority documents in applicant’s response.
Response to Arguments
Applicant's arguments 28 November 2025 have been fully considered but they are not persuasive.
In response to applicant’s arguments that Giger et al. (hereinafter Giger, EP 1752789 A1) does not disclose components as temperature dependent, examiner notes paragraphs ([0003] – [0007]) in Giger where it is directly mentioned that electrical components are dependent on the operational and environmental temperatures a system exists in. Additionally, the examiner notes that beyond mention in Giger, it is known to one of ordinary skill in the art that components, such as detectors or emitters, are inherently temperature dependent electrical and system components. While the transmitter is mentioned as an example of a non-shared device within the system, other non-shared components such as optics and other directional mixers exist within a ’second signal link’. Giger notes that correction values, due to remaining residual errors due to time delays of these components, may be taken into account ([0020] – [0021]).
In response to the arguments that Giger does not disclose measuring transmission times or delay times, as noted by the applicant Giger discloses measuring distance by a phase difference between signals (pg. 23 of response). Giger includes that distance measurements, including phase measurements, have a time component and the time difference, or delay, are registered additionally as phase shifts ([0004], [0008], [0030]). Giger further incorporates reference to distance measurement systems which also utilize internal reference paths, such as DE 4316348 A1, which supports that it is known to both one of ordinary skill in the art and Giger that time measurements are inherently linked to distance measurements in these systems.
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.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giger et al. (hereinafter Giger, EP 1752789 A1).
Regarding claim 1, Giger anticipates a method for measuring time-of-flight, comprising:
transmitting reference signals in a first signal link, and determining first transmission time of the reference signals in the first signal link ([0027], [0029]; Fig. 1 path (RP) with signal (NF-REF));
transmitting measurement signals in a second signal link, and determining second transmission time of the measurement signals in the second signal link ([0026], [0029]; Fig. 1 path (RP) and (MIF) with signal (NF-MESS)), wherein a shared device of the first signal link and the second signal link is a temperature- sensitive device ([0024], [0030], where the line VL connects mixer (3) and receiver (6) allows for compensation for temperature changes in the system via mixer (3)) and a non-shared device of the first signal link and the second signal link is a non-temperature-sensitive device ([0018] - [0022]; Fig. 1 where paths differ by several components such as the transmitter (1) in the measuring path) ;
acquiring delay time of the non-shared device ([0021]) ;
and determining time of flight corresponding to a target object according to the first transmission time, the second transmission time, and the delay time of the non-shared device ([0021], [0024], where determining time of flight includes transmitter delay and a difference in the measuring and reference signal path times).
Regarding claim 8, Giger anticipates a method according to claim 1, wherein acquiring the delay time of the non-shared device comprises:
device parameters of the reference signal conditioning circuit and the transimpedance amplifier are the same and comprise delay time ([0032] - [0033]; Fig. 2 wherein a first mixer(3a) in the first path and an upstream amplifier in the second path (7b) can be formed on the same substrate, therefore giving the same delay time).
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.
Claim(s) 2, 4-6 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giger et al. (hereinafter Giger, EP 1752789 A1) and in view of Graefling et al. (hereinafter Graefling, US 20200264287 A1).
Regarding claim 2, Giger teaches the method according to claim 1, wherein
devices in the first signal link comprise a reference signal conditioning circuit ([0032] - [0033]; Fig. 2, first mixer (3a)), an amplifying circuit (Fig. 2 amplifiers (7a) and (7b)).
and devices in the second signal link comprise the amplifying circuit (Fig. 2 amplifiers (7a) and (7b)), a laser emitter ([0024]; Fig. 2 diode (1')), and a receiving sensor ([0026]; Fig. 2 receiver diode (6')). Giger additionally teaches, as in claim 1, components which are both shared by the two signal paths as well as components which only exist in one path or the other.
Giger does not explicitly teach additional components such as an analog-to-digital converter, a transimpedance amplifier, or a controller.
Graefling teaches devices in the first signal link comprise a driver chip ([0055]; Fig. 6, controller (34)), a selection switch ([Fig. 6, (31-5) and/or (31-6)), and an analog-to-digital converter ([0074]; Fig. 6 ADC (33));
and devices in the second signal link comprise the driver chip ([0055]; Fig. 2 where controller drives laser triggers and power settings), the selection switch ([Fig. 6, (31-5) and/or (31-6)), the analog-to-digital converter ([0074]; Fig. 6 ADC (33)), a transimpedance amplifier ([0073]; Fig. 6 TIA (32)).
wherein the first signal link is a signal link from an output port of a controller, the driver chip, the reference signal conditioning circuit, the selection switch, the amplifying circuit, and the analog-to-digital converter to an input port of the controller ([0095] - [0098]; wherein receiver circuit of Fig. 6 takes the place of Receiver circuit (24) in Fig. 2, and a signal path from controller, through reference conditioning circuit and ADC returns to controller),
and wherein the second signal link is a signal link from the output port of the controller, the driver chip, the laser emitter, the target object, the receiving sensor, the transimpedance amplifier, the selection switch, the amplifying circuit, and the analog- to-digital converter (ADC) to the input port of the controller ([0095] - [0098]; wherein receiver circuit of Fig. 6 takes the place of receiver circuit (24) in Fig. 2, and a signal path from controller, through emitter and receiver, including amplifiers, TIA and ADC returns to controller).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling to utilize additional components such as a trans-impedance amplifier, an analog-to-digital converter and a controller with a reasonable expectation of success. Giger notes that the calibration system is intended to be incorporated in and optoelectronic distance measurement device ([0014]) and therefore establishing signal lines which represent reference and measurement signal pathways within the system of Graefling would have a predictable result of allowing the system to share temperature sensitive components, while keeping other components separate for the purposes of distance measurement.
Regarding claim 4, Giger as modified above teaches the method according to claim 2, wherein
device parameters of the reference signal conditioning circuit and the transimpedance amplifier are the same and comprise delay time ([0032] - [0033]; Fig. 2 wherein a first mixer(3a) in the first path and an amplifier in the second path (transimpedance amplifier of claim 2) can be formed on the same substrate, therefore giving the same delay time).
Regarding claim 5, Giger as modified above teaches the method according to claim 2.
Giger does not explicitly teach on transmitting a control signal to a selection switch prior to transmitting reference signals.
Graefling teaches before transmitting the reference signals, transmitting first control signals to the selection switch, wherein the first control signals are configured to control the selection switch to conduct the amplifying circuit and the reference signal conditioning circuit ([0096] - [0098]; Fig. 6, where a system controller (34) may activate switches (31-6) and (34-6) to send a signal to the reference path and control ref. current source (31-4) and upstream amplifier of claim 2).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling to transmit a control signal to a selection switch prior to transmitting a reference signal with a reasonable expectation of success. As Giger notes, calibration devices can include a switch between the internal and external light paths ([0013]), and as the calibration device is coupled to a larger distance measuring device, the calibration device receives signals which are electrically coupled to the laser control, and therefore could incorporate the teachings of Graefling for a predictable result of controlling components of a reference signal path to operate in a specific activation order.
Regarding claim 6, Giger as modified above teaches the method according to claim 2.
Giger does not explicitly teach on transmitting a control signal to a selection switch prior to transmitting measurement signals.
Graefling teaches before transmitting the measurement signals, transmitting second control signals to the selection switch, wherein the second control signals are configured to control the selection switch to conduct the amplifying circuit and the transimpedance amplifier ([0073], [0096] - [0098]; Fig. 6, where a system controller (34) may activate switch (31-5) to send a signal to the transmission path and to control transimpedance amplifier TIA (32) upstream).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling to transmit a control signal to a selection switch prior to transmitting a measurement signal with a reasonable expectation of success. As Giger notes, calibration devices can include a switch between the internal and external light paths ([0013]), and as the calibration device is coupled to a larger distance measuring device, the calibration device receives signals which are electrically coupled to the laser control, and therefore could incorporate the teachings of Graefling for a predictable result of controlling components of a transmission/measurement signal path to operate in a specific activation order.
Regarding claim 9, Giger teaches a device for measuring time of flight, comprising:
transmitting reference signals in the first signal link, and determining first transmission time of the reference signals in the first signal link ([0027], [0029]; Fig. 1 path (RP) with signal (NF-REF));
transmitting measurement signals in the second signal link, and determining second transmission time of the measurement signals in the second signal link ([0026], [0029]; Fig. 1 path (RP) and (MIF) with signal (NF-MESS)), wherein a shared device of the first signal link and the second signal link is a temperature- sensitive device ([0024], [0030], where the line VL connects mixer (3) and receiver (6) allows for compensation for temperature changes in the system via mixer (3)) and a non-shared device of the first signal link and the second signal link is a non-temperature-sensitive device ([0018] - [0022]; Fig. 1 where paths differ by several components such as the transmitter (1) in the measuring path) ;
acquiring delay time of the non-shared device ([0021]) ;
and determining time of flight corresponding to a target object according to the first transmission time, the second transmission time, and the delay time of the non-shared device ([0021], [0024], where determining time of flight includes transmitter delay and a difference in the measuring and reference signal path times).
Giger does not explicitly teach a controller, or use of a memory which stores a program and/or method.
Graefling teaches a controller ([0055]; Fig. 6 controller (34)) , a memory, wherein the memory stores a computer program, and the computer program is configured to be loaded by the controller to execute a method ([0118] - [0119]).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling which explicitly teach use of a controller which may store processing information, and/or programs on a memory with a reasonable expectation of success. The utilization of computers, processors, and memory is well-known in the art of lidar for controlling systems, changing parameters and implementing processes. Giger mentions use of control signals and that some parameters may be stored in the device permanently ([0019]), and therefore use of the calibration device of Giger with the controller and processor of Graefling would have a predictable result of controlling the system and executing a method for measuring time-of-flight and including known and measured time delays.
Regarding claim 10, Giger teaches a computer storage medium, wherein:
transmitting reference signals in a first signal link, and determining first transmission time of the reference signals in the first signal link ([0027], [0029]; Fig. 1 path (RP) with signal (NF-REF));
transmitting measurement signals in a second signal link, and determining second transmission time of the measurement signals in the second signal link ([0026], [0029]; Fig. 1 path (RP) and (MIF) with signal (NF-MESS)), wherein a shared device of the first signal link and the second signal link is a temperature- sensitive device ([0024], [0030], where the line VL connects mixer (3) and receiver (6) allows for compensation for temperature changes in the system via mixer (3)) and a non-shared device of the first signal link and the second signal link is a non-temperature-sensitive device ([0018] - [0022]; Fig. 1 where paths differ by several components such as the transmitter (1) in the measuring path) ;
acquiring delay time of the non-shared device ([0021]) ;
and determining time of flight corresponding to a target object according to the first transmission time, the second transmission time, and the delay time of the non-shared device ([0021], [0024], where determining time of flight includes transmitter delay and a difference in the measuring and reference signal path times).
Giger does not explicitly teach use of a memory which stores a program and/or method and implements the method.
Graefling teaches the computer storage medium stores a plurality of instructions, and the instructions are adapted to be loaded by a processor and execute a method, wherein the method comprises ([0118] - [0119]).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling which explicitly teach storage of processing information, and/or programs on a memory with a reasonable expectation of success. The utilization of computers, processors, and memory is well-known in the art of lidar for controlling systems, changing parameters and implementing processes. Giger mentions use of control signals and that some parameters may be stored in the device permanently ([0019]), and therefore use of the calibration device of Giger with the controller and processor of Graefling would have a predictable result of storing and executing a method for measuring time-of-flight and including known and measured time delays.
Regarding claim 11, Giger teaches a LiDAR, comprising a device for measuring time of flight, the device further comprising:
transmitting reference signals in the first signal link, and determining first transmission time of the reference signals in the first signal link ([0027], [0029]; Fig. 1 path (RP) with signal (NF-REF));
transmitting measurement signals in the second signal link, and determining second transmission time of the measurement signals in the second signal link ([0026], [0029]; Fig. 1 path (RP) and (MIF) with signal (NF-MESS)), wherein a shared device of the first signal link and the second signal link is a temperature- sensitive device ([0024], [0030], where the line VL connects mixer (3) and receiver (6) allows for compensation for temperature changes in the system via mixer (3)) and a non-shared device of the first signal link and the second signal link is a non-temperature-sensitive device ([0018] - [0022]; Fig. 1 where paths differ by several components such as the transmitter (1) in the measuring path) ;
acquiring delay time of the non-shared device ([0021]) ;
and determining time of flight corresponding to a target object according to the first transmission time, the second transmission time, and the delay time of the non-shared device ([0021], [0024], where determining time of flight includes transmitter delay and a difference in the measuring and reference signal path times).
Giger does not explicitly teach a controller, or use of a memory which stores a program and/or method.
Graefling teaches a controller ([0055]; Fig. 6 controller (34)) , a memory, wherein the memory stores a computer program, and the computer program is configured to be loaded by the controller to execute a method ([0118] - [0119]).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Giger to incorporate the teachings of Graefling which explicitly teach use of a controller which may store processing information, and/or programs on a memory with a reasonable expectation of success. The utilization of computers, processors, and memory is well-known in the art of lidar for controlling systems, changing parameters and implementing processes. Giger mentions use of control signals and that some parameters may be stored in the device permanently ([0019]), and therefore use of the calibration device of Giger with the controller and processor of Graefling would have a predictable result of controlling the system and executing a method for measuring time-of-flight and including known and measured time delays.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giger et al. (hereinafter Giger, EP 1752789 A1), in view of Graefling et al. (hereinafter Graefling, US 20200264287 A1) and further in view of Yeh et al. (hereinafter Yeh, US 20110299044 A1).
Regarding claim 3, Giger as modified above teaches the method according to claim 2.
Giger as modified above does not teach explicitly where a laser emitter comprises a gallium nitride metal oxide semiconductor (MOS) tube and a laser diode.
Yeh teaches the laser emitter comprises a gallium nitride metal-oxide-semiconductor (MOS) tube and a laser diode ([0094]).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to further modify Giger to incorporate the teachings of Yeh to use a specific laser emitter which utilizes moss transistors along with the laser diode with a reasonable expectation of success. Use of a specific laser diode for emission is a simple substitution of a known element, which will have a predictable result of utilizing an emitter on a known substrate, how temperature affects said substrate and will allow for incorporating that known temperature dependence into delay calculations as utilized in the instant application.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giger et al. (hereinafter Giger, EP 1752789 A1), in view of Graefling et al. (hereinafter Graefling, US 20200264287 A1) and further in view of Filipik et al. (hereinafter Filipik, “Time-of-Flight Based Calibration of an Ultrasonic Computed Tomography System”, April 2012).
Regarding claim 7, Giger as modified above teaches the method according to claim 2, wherein
the determining the time of flight corresponding to the target object according to the first transmission time, the second transmission time, and the delay time of the non-shared device comprises:
wherein
T
2
is the second transmission time;
T
1
is the first transmission time ([0021], where there is a delay difference between the measuring and reference signal paths);
t
l
a
s
e
r
T
is delay time of the laser emitter ([0030], wherein the emitter may have thermal drift);
t
T
O
F
is the time of flight corresponding to the target object ;
t
l
a
s
e
r
R
is delay time of the receiving sensor ([0007], [0030] , where photodiodes as measuring receiver also contribute to measurement inaccuracy);
t
T
I
A
is delay time of the transimpedance amplifier; and
t
R
S
is delay time of the reference signal conditioning circuit ([0004], [0033]; where electronic components may have different drifts based on temperature of the components).
Giger as modified above does not teach explicitly an equation for compensating for delays and errors in the electronics.
Filipik teaches a calibration method which may include differences in computed time of arrival versus measured time of arrival, where some delay parameters may be due to emitter and receiver delays (Pages 538-539, section 2.3 Anchoring, where variables are noted in eqn. 15 and the net time which includes all emitter delay errors in eqn. 14.)
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to further modify Giger to incorporate the teachings of Filipik to explicitly add and subtract delay values from actual time-of-flight, to incorporate compensation of delays and errors in the electronics as taught by Giger with a reasonable expectation of success. Combination of the summation of delays, including receiver and emitter delays, as taught in Filipik, with the additional specific delays noted in Giger would be obvious to one of ordinary skill in the art, and the addition and subtraction of said specific delays would have a predictable result on comparing a difference of timing of two paths versus actual time-of-flight measured values which incorporate known delays introduced by components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang (US 20210018623 A1) teaches a lidar system utilizing time-of-flight based distance measuring techniques, where the system may perform sampling and integration operations.
Lee et al. (US 20210055392 A1) teaches a lidar device based on time-of-flight which uses a cross-correlation function to reduce time delays between reference signals and target signals.
Binder (US 20240175678 A1) teaches a method and apparatus which utilizes multiple distance meters and time-of-flight, and notes time of flight measurements may be susceptible to accuracy degrading delays in the transmitters and receivers.
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 Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.M.R./Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645
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