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.
Response to Amendment
Claims 1-5 and 7-15 are currently pending.
Independent claim(s) 1 and 13 and dependent claims 7, 8 and 10 have been amended by applicant’s amendments received 29 January 2026. No new matter has been introduced.
Claim 6 has been canceled, and therefore the prior objections and rejections is/are moot.
Prior objections of claim 7 have been overcome by amendment and are therefore withdrawn.
Prior rejections of claims 6 and 7 under USC § 101 (Statutory Double Patenting) and of claims 1-5 and 8-15 under USC § 101 (Non-Statutory Double Patenting) have been overcome by amendment and are therefore withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks pgs. 6-8, filed 29 January 2026, with respect to the double patenting rejections of claims 6 and 7 (Statutory Double Patenting) and claims 1-5, 8-15 (Non-Statutory Double Patenting) have been fully considered and are persuasive. The rejections of claims 1-15 have been withdrawn. Claim 1 has been amended to incorporate the prior limitations presented in claim 6, and additionally has been amended to explicitly refer to selection based on a single reference bitstream, where the prior U.S. patent cited in the double patenting rejection refers to reference, and selection, of a pair of reference bitstreams.
Applicant's arguments filed 29 January 2026 have been fully considered but they are not persuasive in regards to the rejection of independent claims 1 and 13 under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Al-Alusi (US 20150198707 A1). The independent claims have been amended to incorporate the prior limitations presented in claim 6, and additionally has been amended to explicitly refer to selection based on a single reference bitstream. Applicant states that Al-Alusi fails to disclose the subject matter of claim 6 (Remarks, pg. 9) but does not explicitly note how Al-Alusi does not disclose the subject matter. In response to the amendment, and the overcoming of the rejection under Statutory Double Patenting, the rejections of claims 1 and 13 have been updated to include reference to the teachings of Al-Alusi.
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) 1-3, 5, 7-10 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Al-Alusi (US 20150198707 A1).
Regarding claim 1, Al-Alusi anticipates a method for determining a distance to a target ([0002]), said method comprising:
receiving a bitstream of binary digits corresponding to a variation in time of a time-varying signal ([0005], [0075]; Fig. 3A signal (322)) based on light transmitted by a light source being reflected by the target ([0005], [0040] where signals may be light and echo signals represent reflections off targets), wherein each binary digit in the bitstream is defined based on the time-varying signal at a time instance represented by the binary digit being above or below a threshold ([0005], [0075] - [0077]; Figs. 3A and 3B, where 'high values', for example above the axis, are returned as 1's and 'low values', below the horizontal axis, are returned as 0's.);
comparing the bitstream of binary digits to a set of stored reference bitstreams of binary digits, wherein each reference bitstream represents a distance to the target ([0007], [0079]; Fig. 3, where an echo signal (226) is compared to receive patterns (306) to determine a time-of-flight which ultimately gives a distance to a target);
and determining the distance to the target based on selection of a single reference bitstream in the set of stored reference bitstreams based on said comparing ([0040] - [0042], where distances are found to a target based on a time of flight determined when echo signals are compared to reference patterns),
wherein the comparing the bitstream of binary digits to a set of stored reference bitstreams of binary digits comprises determining a matching value for each stored reference bitstream based on bit-wise comparison, wherein the matching value represents similarity between the bitstream of binary digits and the stored reference bitstream, and wherein the bit-wise comparison comprises comparing the binary digits of the bitstream and the stored reference bitstream at corresponding positions and increasing the matching value when the binary digits are equal ([0067], [0071], [0080] - [0087]; Fig. 3, where an echo signal is digitized and compared to pattern signals bit-by-bit, and a match/mismatch between the two are determined in the fine stage and assigned a correlation value which is increased for bits that match and reduced (or not increased) for bits which do not match; matching being determined if both bits are a “high” value or both are “low”).
Regarding claim 2, Al-Alusi anticipates the method according to claim 1, further comprising:
detecting light transmitted by the light source being reflected by the target to form a detected signal and comparing the detected signal to a threshold for converting the detected signal to a binary digit ([0057], [0066], [0075]; Fig. 2, receiving antenna (206) detects echo from target and baseband processor (232) may convert the signals to bit values based on whether they are above/below the horizontal axis).
Regarding claim 3, Al-Alusi anticipates the method according to claim 2, wherein
light being reflected by the target is mixed with light transmitted by the light source to form a mixed light signal and wherein detecting light comprises detecting the mixed light signal ([0058] - [0059]; Fig. 2, mixers (222A) and (222B) combines an echo signal with components of the transmitted signal).
Regarding claim 5, Al-Alusi anticipates the method according to claim 2, wherein
an output from comparing the detected signal to the threshold is periodically sampled for forming the bitstream of binary digits ([0041], [0075]; baseband processor (232) may convert the signals to bit values based on whether they are above/below the horizontal axis at specific times).
Regarding claim 7, Al-Alusi anticipates the method according to claim 1, wherein
the comparing the bitstream of binary digits to a set of stored reference bitstreams comprises parallel processing of the comparing of the bitstream of binary digits to each of the stored reference bitstreams ([0062], [0079] - [0082], [0088], [0137]; Fig. 12, where subsets of interest (308, 314) of the digitized echo (740) are compared to the reference receive patterns and may be processed simultaneously along parallel paths in the baseband processing system (1200)) .
Regarding claim 8, Al-Alusi anticipates the method according to claim 1, wherein
for each stored reference bitstream, determining the matching value comprises determining a plurality of temporary matching values using said bit-wise comparison,
wherein the plurality of temporary matching values is determined for different shifts of binary digits of the bitstream to binary digits of the reference bitstream, wherein the matching value is determined based on the plurality of temporary matching values ([0071], [0081]; Fig. 3B, where correlation values are based on matching between the pulsed sequence and the subsets of the baseband echo signals for each bit in the sequence, where subsets may be shifted and may be temporary).
Regarding claim 9, Al-Alusi anticipates the method according to claim 8, wherein
the different shifts of binary digits represent different phases of a period of the time-varying signal and wherein the matching values is determined based on a maximum of the plurality of temporary matching values within the period of the time-varying signal ([0069], [0081], [0088]; Fig. 3B, where correlation value of interest (312) is determined from correlation values and is generally the maximum correlation value, and the phases of the echoes may be resolved from the correlation values).
Regarding claim 10, Al-Alusi anticipates the method according to claim 1, wherein
determining the distance to the target comprises selecting a reference bitstream among the set of reference bitstreams based on comparing the matching values of the set of reference bitstreams to each other ([0081], [0088]; Fig. 3B, where correlation value of interest (312) is determined from correlation values, and is generally chosen as the maximum correlation value).
Regarding claim 12, Al-Alusi anticipates the method according to claim 1, further comprising:
receiving a plurality of bitstreams of binary digits corresponding to spatially separate detections of light, wherein the plurality of bitstreams is processed in parallel ([0062]; Fig. 2 where baseband echo signals (226A) and (226B) may be processed simultaneously).
Regarding claim 13, Al-Alusi anticipates a device for determining a distance to a target ([0006]), said device comprising:
a processor ([0107]; Fig. 2, backend (202) includes a CPU (270) and baseband processing system (232)) configured for:
receiving a bitstream of binary digits corresponding to a variation in time of a time-varying signal ([0005], [0075]; Fig. 3A signal (322)) based on light transmitted by a light source being reflected by the target ([0005], [0040] where signals may be light and echo signals represent reflections off targets), wherein each binary digit in the bitstream is defined based on the time-varying signal at a time instance represented by the binary digit being above or below a threshold ([0005], [0075] - [0077]; Figs. 3A and 3B, where 'high values', for example above the axis, are returned as 1's and 'low values', below the horizontal axis, are returned as 0's.);
comparing the bitstream of binary digits to a set of stored reference bitstreams of binary digits, wherein each reference bitstream represents a distance to the target ([0007], [0079]; Fig. 3, where an echo signal (226) is compared to receive patterns (306) to determine a time-of-flight which ultimately gives a distance to a target);
and determining the distance to the target based on selection of a single reference bitstream in the set of stored reference bitstreams based on said comparing ([0040] - [0042], where distances are found to a target based on a time of flight determined when echo signals are compared to receive patterns),
wherein the comparing the bitstream of binary digits to a set of stored reference bitstreams of binary digits comprises determining a matching value for each stored reference bitstream based on bit-wise comparison, wherein the matching value represents similarity between the bitstream of binary digits and the stored reference bitstream, and wherein the bit-wise comparison comprises comparing the binary digits of the bitstream and the stored reference bitstream at corresponding positions and increasing the matching value when the binary digits are equal ([0067], [0071], [0080] - [0087]; Fig. 3, where an echo signal is digitized and compared to pattern signals, and a match/mismatch between the two are determined in the fine stage and assigned a correlation value which is increased for bits that match and reduced (or not increased) for bits which do not match).
Regarding claim 14, Al-Alusi anticipates the device according to claim 13, further comprising:
a light source for transmitting light towards the target ([0049], [0058]; Fig. 2, front end transmitter (208) may include light source as transmitting antenna (204));
a mixer for mixing light reflected by the target and light transmitted by the light source for forming a mixed light signal ([0058] - [0059]; Fig. 2, mixers (222A) and (222B) combines an echo signal with components of the transmitted signal);
a detector for detecting the mixed light signal ([0062]; Fig. 2, receiving antenna (206));
and a comparator for comparing output from the detector to a threshold for converting output from the detector to a binary digit ([0066], [0075]; Fig. 2 baseband processor (232) may convert the signals to bit values based on whether they are above/below the horizontal axis).
Regarding claim 15, Al-Alusi anticipates the device according to claim 14, further comprising
a controller for controlling timing of the processor in relation to timing of a pulse transmitted by the light source ([0051] - [0053], [0070]; Fig. 1 control unit (112) controls timing of transmission, sensing apparatus, and calculation).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Alusi (US 20150198707 A1) in view of Thorpe et al. (hereinafter Thorpe, US 20200278432 A1)
Regarding claim 4, Al-Alusi teaches the method according to claim 3.
Al-Alusi teaches that a variety of frequencies may be used, and that the system may have an output signal formed as a sine wave, but does not explicitly teach utilizing frequency modulated continuous waves (FMCW).
Thorpe teaches the light transmitted by the light source is a frequency modulated continuous wave, FMCW, signal comprising chirps during which frequency of the FMCW signal is increased ([0025] - [0027], [0039]); Fig. 2A where emitted signals (both local oscillator and reflected beam) are chirped).
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 Al-Alusi to incorporate the teachings of Thorpe to explicitly utilize FMCW emission of signals with a reasonable expectation of success. FMCW emission is well known in the art of LiDAR, where an interference signal (beat frequency) is based on the emitted and received signals indicates distance, and the system may additionally utilize comparing the measured beat frequency to candidate beat frequencies (Thorpe, [0005] – [0007]). Integration of FMCW into the system of Al-Alusi would have predictable results of determining distance based on a mixed signal, as the system of Al-Alusi already combines a reference and returned signals to compare or determine distance to a target.
Claim 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Alusi (US 20150198707 A1) in view of Ueno et al. (US 20220082675 A1).
Regarding claim 11, Al-Alusi teaches the method according to claim 10, wherein determining the distance to the target further comprises selecting a plurality of reference bitstreams having largest matching values based on the largest matching values to determine the distance to the target with an improved resolution ([0088], [0092] - [0093], where multiple transmitted signals are used to find multiple sets of correlation values, which are grouped by common delay time, and therefore by common distance, and may be grouped via average, median, or other statistical measure of the correlation values, which may be used to determine separation distance more accurately than a single value).
Al-Alusi does not explicitly teach using interpolation between peaks associated with difference reference bitstreams (which reflect different distances).
Ueno teaches using interpolation between peaks, which improves resolution ([0097] - [0101], where ranging systems such like LiDAR may use interpolation processes to determine peak times between two reference peaks to calculate a single distance value).
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 Al-Alusi to incorporate the teachings of Ueno to utilize interpolation between peaks, which are associated with plural correlation values representing the most likely distances to a target, to more reliably determine the distance with a reasonable expectation of success. As interpolation is a well-known mathematical process for data analysis, and as Ueno notes can be used to improve accuracy of determined distances in LIDAR systems, use of interpolation within the system of Al-Alusi would have a predictable result of further increasing the measured distance resolution of the system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Boloorian (US 20220206149 A1) teaches a LIDAR system which encodes a system output signal with binary code, where the binary code is divided into bits which may include an alignment indicator to notate changes in phase.
Desiderio et al. (US 20120062393 A1) teaches a system which utilizes FMCW radar to determine distances of objects, utilizing a threshold and digitizing signals to bits to determine occupancy of a space.
Amr (US 20200393565 A1) teaches a method for a runtime measurement to determine a phase shift between the signals, to determine distance, where a look-up table is utilized to store patterns of the modulation signals, and a matching pattern value is obtained.
Zhang (US 20150172580 A1) teaches a system and method for image sensing, where the system compares received light and a reference signal, and where the comparator consists of a digital translator which digitizes the signals before comparison.
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 Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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