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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 February 2026 by the applicant has been considered and is included in the file.
Response to Amendment
Claims 1-11 are currently pending.
Independent claim(s) 1, 10 and 11 have been amended by applicant’s amendments received 13 February 2026. No new matter has been introduced.
Prior objections of the Abstract have been overcome by amendment and are therefore withdrawn.
Prior objections of Claim 1 have been overcome by amendment and are therefore withdrawn.
Response to Arguments
Applicant's arguments filed 13 February 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that Finkelstein employs multiple frequencies to address ambiguity in time-of-flight (TOF) distance measurement or as alternative or complementary TOF signals for determining distance and not as a system which can separately handle differing frequencies, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
As discussed below in the updated rejection under 35 USC § 102, Finkelstein anticipates a system which has groups of emitters which can selectively output specific frequencies, and groups of receivers which can selectively detect based on the specific frequencies output by the emitter groups. These detectors would output phase information regarding those separate detections, such as is a known output of indirect TOF (iTOF) systems, which are respective of the frequencies chosen to be detectable for each grouping of detector elements. One benefit of a system such as this, as noted by Finkelstein, is multiple groups of detected signals with differing unambiguous ranges, which when combined with differing frame/subframe collection schemes can increase the effective range of the system while not unintendedly increasing power consumption ([0072] – [0079]).
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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, 4 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Finkelstein (US 20210333377 A1).
Regarding claim 1, Finkelstein anticipates a distance measurement system comprising:
a light emitting unit ([0044]; Fig. 1, light emitter array (115)) that includes a first light emission section and second light emission section including light emitting elements ([0024], [0030], [0047]; Fig. 1 where emitter array (115) is made of a plurality of emitters (115e), such as VCSELs, and emitters may be grouped into at least a first and second subset);
a drive unit that causes light of a first frequency to be emitted from the first light emission section and causes light of a second frequency to be emitted from the second light emission section ([0017] - [0018], [0047]; Fig. 1 where the individual subsets of emitters (115e) may be configured to emit different frequencies, such as a first and second frequency, by the control circuit (105) and/or driver circuit (116));
a light receiving unit that includes light receiving element, a first light reception section, and a second light reception section ([0014], [0044], [0048]; Fig. 1, detector array (110) includes a plurality of detectors (110d), such as SPADs, which detect reflected light and may be configured into one or more subsets such that each subset detects a particular, different frequency),
the first light reception section including a light receiving element that receives at least the light of the first frequency and is configured to output only phase information corresponding to the first frequency ([0067] - [0070], [0099] - [0101]; Fig. 4, where a first receiver group collects a first subset of optical signals based on the first frequency emissions and may include detecting first phase shifts in the first subset of optical signals, and outputs a first estimated distance),
and the second light reception section including a light receiving element that receives at least the light of the second frequency and is configured to output only phase information corresponding to the second frequency ([0067] - [0070], [0099] - [0101]; Fig. 4, where a second receiver group collects a second subset of optical signals based on the second frequency emissions and may include detecting second phase shifts in the second subset of optical signals, and outputs a second estimated distance);
and a distance measurement unit that measures a distance from a target object from a time from reflection of light radiated from the light emitting unit by the target object to reception of the light by the light receiving unit, by a time-of-flight phase difference method ([0044], [0056]; Fig. 1 where control circuit (105) measures time-of-flight (ToF) using ToF techniques such as indirect measurement, where phase shifts indicate distance, and both a first and second estimated distance may be used to determine an actual distance to an object).
Regarding claim 4, Finkelstein anticipates the distance measurement system according to claim 1, wherein
the drive unit drives all the light emission sections in the same period ([0047], where light is collectively emitted having multiple, different, frequencies from the subsets of emitters).
Regarding claim 9, Finkelstein anticipates the distance measurement system according to claim 1, further comprising
a diffractive optical element that is provided on an optical path of the light emitting unit, and branches light emitted by the light emitting unit ([0044]; Fig. 1 diffuser and/or optical filter (114) may increase the field of view of the emitter array).
Regarding claim 10, Finkelstein anticipates the distance measurement system according to claim 1, wherein
each of the first light emission section and the second light emission section includes a connection terminal connected to the drive unit that performs driving at the first frequency or the second frequency ([0045] - [0047]; where the individual subsets of emitters (115e) may be configured to emit different frequencies, such as a first and second frequency, by the control circuit (105) and/or driver circuit (116) connected via driver transistors).
Regarding claim 11, Finkelstein anticipates the distance measurement system according to claim 1, wherein
each of the first light reception section and the second light reception section outputs a result of receiving light of the first frequency and a result of receiving light of the second frequency respectively ([0044], [0048], [0055]; Fig. 1, detector array (110) includes a plurality of detectors (110d) which detect reflected light and may be configured in subsets such that each subset detects a particular, different frequency according to specific accumulator wells or readout timing).
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) 2-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Finkelstein (US 20210333377 A1) in view of Burroughs et al. (hereinafter Burroughs, US20180301875A1).
Regarding claim 2, Finkelstein teaches the distance measurement system according to claim 1, wherein
the drive unit causes the light of the first frequency to be emitted from a plurality of the first light emission sections ([0047]; where light emitted by the emitter array (115) is driven by control of the control circuit (105) and/or driver circuit (116), and any number of subsets of emitters (115e) or individual emitters (115e) may be driven to emit specific frequencies, such as a first frequency).
Finkelstein does not explicitly teach that the number of emission sections will be more than the total number of frequencies emitted.
Burroughs teaches an array of VCSELs for use in emitting light of a variety of frequencies, with potential individual control, in a distance measuring device where a total number of the light emission sections is more than a total number of frequencies of light emitted from the light emitting unit ([0083]; Fig. 6A, emitter array (600) includes a plurality of VCSELs in a plurality of columns/rows, where if specific columns/rows of emitters within the array are controlled to emit a first frequency, the number of emitters/sections will be much greater than the number of emitted frequencies).
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 Finkelstein to incorporate the teachings of Burroughs to specifically denote that the number of emission sections is greater than the total number of frequencies emitted with a reasonable expectation of success. Finkelstein does reference Burroughs as incorporated by reference ([0047]), and so integration of the VCSEL array of Burroughs, where the number of columns, rows, or individual emitters greatly outnumber the number of emitted frequencies into the system of Finkelstein would be a simple substitution of two elements with predictable results (of choosing a number of emitted frequencies smaller than the number of elements or groups in an array) to one of ordinary skill in the art.
Regarding claim 3, Finkelstein teaches the distance measurement system according to claim 1, wherein
the drive unit causes light of different frequencies to be emitted from the light emission sections ([0047]; where light emitted by the emitter array (115) is driven by control of the control circuit (105) and/or driver circuit (116), and subsets of emitters (115e) such as columns may be driven to emit specific, different frequencies.).
Finkelstein does not explicitly teach that there are three or more light emission sections.
Burroughs teaches a light emitting unit which includes three or more light emission sections ([0083]; Figs. 6A, 6B shows example VCSEL array which has multiple VCSELs grouped by column with drive transistor (610), where more than 3 columns exist within the array).
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 Finkelstein to incorporate the teachings of Burroughs to specifically use three or more emission sections with a reasonable expectation of success. Finkelstein does reference Burroughs as incorporated by reference and additionally notes that an embodiment, as an example, utilizes two subsets of emitters but the system is not limited to such ([0047]). Therefore, utilizing an array such as taught by Burroughs, where there are more than three subsets of emitters (such as arranged as the columns shown in Fig. 6B ([0083])) would have a predictable result of easily utilizing a third (or more) subset of emitters which could be controlled to emit the first, second, or a third frequency.
Regarding claim 5, Finkelstein as modified above teaches the distance measurement system according to claim 2, wherein
the drive unit drives all the light emission sections in the same period ([0047], where light is collectively emitted having multiple, different, frequencies from the subsets of emitters).
Regarding claim 6, Finkelstein as modified above teaches the distance measurement system according to claim 3, wherein
the drive unit drives all the light emission sections in the same period ([0047], where light is collectively emitted having multiple, different, frequencies from the subsets of emitters).
Regarding claim 7, Finkelstein teaches the distance measurement system according to claim 1, wherein
in a case where the drive section includes two or more light emission sections, drives the two or more light emission sections to emit light of different frequencies ([0047]; where light emitted by the emitter array (115) is driven by control of the control circuit (105) and/or driver circuit (116), and subsets of emitters (115e) or individual emitters (115e) may be driven to emit specific, different frequencies.).
Finkelstein does not explicitly teach the nature of the division of the emission sections to drive sections.
Burroughs teaches the drive unit divides the light emission section of the light emitting unit into a plurality of drive sections and performs driving for each drive section ([0085] - [0091]; Figs. 6A-6D, which show various example embodiments of drivers (610), VCSELs (200) and wiring options for grouping sections of emitters in an array to connect to various drivers).
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 Finkelstein to incorporate the teachings of Burroughs to specifically dividing the driving of the emission sections into different drive sections, run by driver transistors, with a reasonable expectation of success. Finkelstein does reference Burroughs as incorporated by reference ([0047]), and so integration of the driver circuit where groupings of light emitting sections are driving together, such as in a column or row, of Burroughs into the system of Finkelstein would have a predictable result of organized driving of emission groups. This would mean that, for example, a column or group of emitters can operate on the same pulse timing, pulse width, or pulse power (Burroughs, [0053], [0062], [0088]) in addition to pulse modulation frequency (Finkelstein, [0047]).
Regarding claim 8, Finkelstein as modified above teaches the distance measurement system according to claim 7, but does not explicitly teach the drive sections having a plurality of emission sections associated, where sections can emit all frequencies.
Burroughs teaches the drive section includes a plurality of the light emission sections corresponding to all frequencies of light emitted from the light emitting unit ([0090] - [0091]; Fig. 6D where a column drive section is run by driver transistor (610), and may include a plurality of VCSELs, as light emitting sections, which may be directed to emit a variety of frequencies as noted in claim 7 above).
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 Finkelstein to incorporate the teachings of Burroughs to specifically dividing the driving of the emission sections into different drive sections, run by driver transistors, where all emitted frequencies are represented in a drive group, with a reasonable expectation of success. Finkelstein does reference Burroughs as incorporated by reference ([0047]), and so integration of the driver circuit where groupings of light emitting sections are driving together, such as in a column or row, of Burroughs into the system of Finkelstein where individual emitters can be controlled in terms of frequency emitted, would have a predictable result of organized driving of emission groups with all frequencies represented. As Finkelstein notes, utilizing more than a single modulation frequency simultaneously can increase resolution of distance measurements by decreasing ambiguity in measurements ([0081] – [0083])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ohtomo (US 4531833 A) teaches optical range finder comprising first and second light emitting sources, where the two light emitting sources emit at differing frequencies and have associated light receiving diodes for each frequency emission.
Gilliland et al. (US 20160003946 A1) teaches a multi-ladar sensor system where multiple systems emit, and receive, light which may be at differing wavelengths to collect range measurements which may be based on phase differences.
Hayenga et al. (US 20210405290 A1) teaches a photonic integrated circuit for use in LIDAR systems, where a plurality of optical channels emit and receive light at different wavelengths.
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.
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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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