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.
Response to Amendment
Claims 1-6 and 8-11 are currently pending.
Independent claim(s) 1, and 9-11 and dependent claim 2 have been amended by applicant’s amendments received 29 April 2026. No new matter has been introduced.
Claim 7 has been canceled, and therefore the prior rejections is/are moot.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 (claims 1 and 8 under USC § 102(a)(1) and claims 2-7, 9-11 under USC § 103) have been considered but are moot because the new ground of rejection does not rely on the specific combination of reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, this is directed to arguments directed towards the priorly cited art Giger et al. (EP 1752789 A1) and Filipik et al. (Time-of-Flight Based Calibration of an Ultrasonic Computed Tomography System), which can be found in Remarks, pgs. 9-11. While the examiner still feels that both Giger and Filipik are applicable and combinable to teach portions of the instant application as claimed, upon further search and consideration a new grounds of rejection based on a newly found prior art has been made and can be found below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 10 is directed to a computer readable storage medium with instructions stored, wherein when the instructions are executed by a processor the processor performs the method of claim 1. This claim broadly covers signal transmission which includes transient signals within the Broadest Reasonable Interpretation (BRI) based on the specification and, therefore, fails to claim statutory subject matter (see MPEP 2106.03(II)).
Paragraph [0059] states that “Optionally, the memory 502 includes a non-transitory computer- readable storage medium.”, but paragraph [0072] states that “A storage medium can be a magnetic disk, an optical disc, the read-only storage memory or the random storage memory, and so on.” (emphasis added) The inclusion of “and so on.” would, under BRI, incorporate transitory forms of signal transmission causing the computer storage medium of claim 10 to broadly cover both transitory signals and non-transitory storage media, which includes non-statutory subject matter. Therefore, Claim 10 fails eligibility step 1 and is non-statutory under 35 USC § 101.
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) 1-2, 4-6 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kappel et al. (hereinafter Kappel, US 20200379095 A1), and in view of Graefling et al. (hereinafter Graefling, US 20200264287 A1)
Regarding claim 1, Kappel teaches a method for measuring time-of-flight, comprising:
transmitting reference signals in a first signal link (Fig. 1, optical reference path (44)), and determining first transmission time of the reference signals in the first signal link ([0090]; Fig. 2, system determines R2, timing of reference signal);
transmitting measurement signals in a second signal link (Fig. 1, optical measurement path (43)), and determining second transmission time of the measurement signals in the second signal link ([0090]; Fig. 2 where system determines R1, timing of measurement signals), wherein a shared device of the first signal link and the second signal link is a temperature- sensitive device ([0078] - [0083]; Fig. 1, where both reference and measurement paths share laser driver (12) and evaluation circuit (37)) and a non-shared device of the first signal link and the second signal link is a non-temperature-sensitive device ([0078] - [0083]; Fig. 2 where measurement path includes measurement sensor (21)) ;
acquiring delay time of the non-shared device ([0090] - [0098], [0139]; where the system acquires a delay of the measurement sensor as readout delay L3, or delay_sensor_to_measurement_TDC);
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 ([0090] - [0098]; wherein the TOF includes first transmission time R2, second transmission time R1 and delays of components such as sensor delay L3),
wherein devices in the first signal link comprise a driver chip ([0078] - [0083]; Fig. 1, laser driver (12)), a reference signal conditioning circuit ([0078] - [0083]; Fig. 1, components such as reference readout logic (36) and TDC (31)), and devices in the second signal link comprise the driver chip ([0078] - [0083]; Fig. 1, laser driver (12)), a laser emitter ([0078] - [0083]; Fig. 1, laser (15)), and a receiving sensor ([0078] - [0083]; Fig. 1, measurement sensor (21) );
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: determining the time of flight corresponding to the target object according to the following formula:
T
2
-
T
1
=
t
l
a
s
e
r
T
+
t
T
O
F
+
t
l
a
s
e
r
R
+
t
T
I
A
-
t
R
S
wherein
T
2
is the second transmission time;
T
1
is the first transmission time;
t
l
a
s
e
r
T
is delay time of the laser emitter;
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;
t
T
I
A
is delay time of the transimpedance amplifier; and
t
R
S
is delay time of the reference signal conditioning circuit ([0090] - [0098], [0139] where a difference between the measurement and reference signal times (R1 - R2) relates to the actual TOF, as well as a summation of delays such as the delay of the emitter L2 (delay_clock_to_light), the receiver L3 (delay_sensor_to_measurement), the delays for components such as TDCs (D1, separated for both reference and measurement components), the clock circuit (L1) and would logically be expanded to include any additional components such as amplifiers/ TIA's).
Kappel does not explicitly teach use of other components such as a switch, analog-to-digital converter, amplifying circuit or transimpedance amplifier.
Graefling teaches a time-of-flight (TOF) detection system, where components include a plurality of circuit and circuit components which are used in fault detection and calibration, which may include determining group delays ([0004]), where a reference signal path and a measurement signal path include components such as devices in the first signal link comprising a driver chip ([0055]; Fig. 6, controller (34)), a reference signal conditioning circuit ([0055]; Fig. 6 where reference signal generator (31-4) forms reference signals and is coupled to controller (34-2)), a selection switch ([Fig. 6, (31-5) and/or (31-6)), an amplifying circuit ([0073]; Fig. 6, receiver circuit (32) includes a TIA array), 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 amplifying circuit ([0073]; Fig. 6, receiver circuit (32) includes a TIA array), the analog-to-digital converter (ADC) ([0074]; Fig. 6 ADC (33)), a laser emitter ([0029]; Fig. 2 laser illumination unit (10)), a transimpedance amplifier (TIA) ([0072] - [0073], [0114]; Fig. 6 where each channel, including receivers, would have an individual TIA associated within receiver circuit (32), and additionally receivers (31-1) may have gain modified separately) and a receiving sensor ([0029]; Fig. 2, photodetector array (15)).
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 Kappel to incorporate the teachings of Graefling to utilize additional components such as a trans-impedance amplifier, an analog-to-digital converter and a controller in a specific signal path with a reasonable expectation of success. Components such as ADC’s, TIA’s and switches are well known in LIDAR and TOF systems which utilize reference signals for calibration and optimization. Kappel teaches a time-of-flight (TOF) device acting as a distance measurement device ([0004]) which incorporates signal and component delays into the TOF determination. Establishing signal lines which represent reference and measurement signal pathways within the system of Kappel as discussed with the additional components 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 and system calibration. The system of Kappel is further optimized to account for multiple, separate component delays and one of ordinary skill in the art would understand that these calculations would readily be expanded to include delays due to components such as an ADC or TIA in a similar fashion to the equations presented (Kappel, [0092] – [0097]).
Regarding claim 2, Kappel as modified above teaches the method according to claim 1, but does not explicitly teach the components of the first and second signal links such as the amplifying circuit, the analog-to-digital converter or the transimpedance amplifier.
Graefling teaches that 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, including the driver, switch, and through an amplifying circuit and a 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, including a driver, passes through the emitter and receiver circuits and includes 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 Kappel to incorporate the teachings of Graefling to utilize the additional components introduced in claim 1 such as a trans-impedance amplifier, an analog-to-digital converter and a controller in a specific signal path with a reasonable expectation of success. Kappel teaches a time-of-flight (TOF) device acting as a distance measurement device ([0004]) which incorporates signal and component delays into the TOF determination. Establishing signal lines which represent reference and measurement signal pathways within the system of Kappel as discussed with the additional components 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 and system calibration.
Regarding claim 4, Kappel 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 ([0052], where the array of components which would include emitters, amplifiers, and reference components may be integrated into a single chip, which would give the components similar temperature dependencies and delays).
Regarding claim 5, Kappel as modified above teaches the method according to claim 2, but does not explicitly teach 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 further modify Kappel 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 Kappel notes, calibration devices can include various switches within the internal and external light paths or switches within optical components like detector arrays ([0102] – [0107]), and as the calibration components are within the larger distance measuring device, the calibration components 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 6, Kappel as modified above teaches the method according to claim 2, but does not explicitly teach 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 further modify Kappel 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 Kappel notes, calibration devices can include various switches within the internal and external light paths or switches within optical components like detector arrays ([0102] – [0107]), and as the calibration components are within the larger distance measuring device, the calibration components 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 8, Kappel as modified above teaches the 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 ([0058] - [0059, [0188] - [0189]; where compensation factors and value tables are stored in memory, and may consist of known component delays which may be determined by simulation or measurement).
Regarding claim 9, Kappel teaches a device for measuring time of flight ([0002]), comprising: a controller ([0074]), a memory ([0074]), a first signal link (Fig. 1, optical reference path (44)), and a second signal link (Fig. 1, optical measurement path (43)), wherein the memory stores a computer program, and the computer program is configured to be loaded by the controller ([0058], [0074], where the evaluation circuit is coupled to clock generators and determines time-of-flight signals, compensation factors, and accesses information and procedures within memory for operation) to execute the method as described in claim 1, and therefore claim 9 is similarly rejected to claim 1.
Regarding claim 10, Kappel teaches a computer storage medium, wherein the computer storage medium stores a plurality of instructions, and the instructions are adapted to be loaded by a processor and execute a method ([0058], [0074]), wherein the method comprises the method as described in claim 1, and therefore claim 9 is similarly rejected to claim 1.
Regarding claim 11, Kappel teaches a LiDAR, comprising a device for measuring time of flight ([0002]), the device further comprising: a controller ([0074]), a memory ([0074]), a first signal link (Fig. 1, optical reference path (44)), and a second signal link (Fig. 1, optical measurement path (43)), wherein the memory stores a computer program, and the computer program is configured to be loaded by the controller ([0058], [0074], where the evaluation circuit is coupled to clock generators and determines time-of-flight signals, compensation factors, and accesses information and procedures within memory for operation) to execute the method as described in claim 1, and therefore claim 9 is similarly rejected to claim 1.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kappel et al. (hereinafter Kappel, US 20200379095 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, Kappel as modified above teaches the method according to claim 2, but 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 Kappel 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.
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.
Giger (EP 1752789 A1) teaches a receiver for use in distance measurement devices with separate reference and measurement pathways, which includes shared and non-shared components which may be temperature dependent, and uses delay values of the reference path and/or components to more accurately calibrate a distance based on time-of-flight.
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, 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.
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/K.M.R./Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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