Prosecution Insights
Last updated: April 19, 2026
Application No. 18/023,145

DISTANCE IMAGE ACQUISITION DEVICE AND DISTANCE IMAGE ACQUISITION METHOD

Non-Final OA §102§103§112
Filed
Feb 24, 2023
Examiner
FRITCHMAN, JOSEPH C
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hamamatsu Photonics K K
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
130 granted / 165 resolved
+26.8% vs TC avg
Strong +30% interview lift
Without
With
+29.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
206
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 165 resolved cases

Office Action

§102 §103 §112
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 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. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 6 recites “varies the time difference between the emission timing and the transfer timing among the plurality of sections by fixing the emission timing and shifting the transfer timing from the emission timing”. However, it is unclear how the emission timing is fixed or what the emission timing is fixed with respect to . Therefore, claim 6 is indefinite. Claim 7 recites “varies the time difference between the emission timing and the transfer timing among the plurality of sections by fixing the transfer timing and shifting the emission timing from the transfer timing”. However, it is unclear how the transfer timing is fixed or what the transfer timing is fixed with respect to. Therefore, claim 7 is indefinite. 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. Claims 1 , 5-7, and 9 are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(2) as being FILLIN "Insert either—clearly anticipated—or—anticipated—with an explanation at the end of the paragraph." \d "[ 3 ]" anticipated by Grauer US 20180203122 A1 . Regarding claim 1, Grauer teaches a distance image acquisition device comprising: a light source that emits a measurement light (110 in Fig. 1, [0034]); a distance measurement sensor (detector 120 in Fig. 1, [0034]; Figs. 8A-8B, [0059-64]), that includes a charge generation region (121 in Figs. 8A-8B, [0060-64]), a charge accumulation region (122 and 123 in Figs. 8A-8B, [0060-64]), and a transfer gate electrode arranged on a region between the charge generation region and the charge accumulation region and detects the measurement light by transferring charges generated in the charge generation region in response to incidence of the measurement light emitted from the light source and reflected by a target object, to the charge accumulation region by using the transfer gate electrode (124 in Figs. 8A-8B, [0060-64]); and a control unit that controls the distance measurement sensor and generates a distance image of the target object based on a detection result of the distance measurement sensor (130 in Fig. 1, [0034-36]), wherein the charge generation region includes an avalanche multiplication region that causes avalanche multiplication (121 can be avalanche photodiode, [0061]), and wherein the control unit: divides an entire distance range of a measurement target into a plurality of sections (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]); controls the distance measurement sensor so as to perform measurements about the plurality of sections while varying a time difference between an emission timing of the measurement light by the light source and a transfer timing of the charges by the transfer gate electrode among the plurality of sections (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]; sequences of illumination and detection in Figs. 9A and 9B, [0066-67]; Different T_Laser , T_II, and T_OFF values, [0004-5, 66-67]); and generates the distance image of the entire distance range based on the results of the measurements about the plurality of sections ([0033-34, 48-49, 53-54]). Regarding claim 5 , Grauer teaches the distance image acquisition device according to claim 1, wherein the distance measurement sensor includes only one region as the charge accumulation region and includes only one electrode as the transfer gate electrode (122 and 123 in Figs. 8A-8B, [0060-64]) . Regarding claim 6 , Grauer teaches the distance image acquisition device according to claim 1, wherein the control unit varies the time difference between the emission timing and the transfer timing among the plurality of sections by fixing the emission timing and shifting the transfer timing from the emission timing (115 in Fig 9A shows illumination pulses set with variable times 138_N between emission and exposure, [0066-67]; examiner notes that it is not clear what the timing is fixed with respect to and therefore one of ordinary skill in the art can consider either the emission timing fixed or the exposure timing fixed ) . Regarding claim 7 , Grauer teaches the distance image acquisition device according to claim 1, wherein the control unit varies the time difference between the emission timing and the transfer timing among the plurality of sections by fixing the transfer timing and shifting the emission timing from the transfer timing (115 in Fig 9A shows illumination pulses set with variable times 138_N between emission and exposure, [0066-67]; examiner notes that it is not clear what the timing is fixed with respect to and therefore one of ordinary skill in the art can consider either the emission timing fixed or the exposure timing fixed) . Regarding claim 9 , Grauer teaches a distance image acquisition method of acquiring a distance image of a target object, using a light source that emits a measurement light (110 in Fig. 1, [0034]) ; and a distance measurement sensor that includes a charge generation region (121 in Figs. 8A-8B, [0060-64]) , a charge accumulation region (122 and 123 in Figs. 8A-8B, [0060-64]) , and a transfer gate electrode arranged on a region between the charge generation region and the charge accumulation region and detects the measurement light by transferring charges generated in the charge generation region in response to incidence of the measurement light emitted from the light source and reflected by a target object, to the charge accumulation region by using the transfer gate electrode (124 in Figs. 8A-8B, [0060-64]) , the charge generation region including an avalanche multiplication region that causes avalanche multiplication (121 can be avalanche photodiode, [0061]) , the distance image acquisition method comprising: dividing an entire distance range of a measurement target into a plurality of sections (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]) ; performing measurements about the plurality of sections while varying the time difference between the emission timing of the measurement light by the light source and the transfer timing of the charges by the transfer gate electrode among the plurality of sections (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]; sequences of illumination and detection in Figs. 9A and 9B, [0066-67]; Different T_Laser , T_II, and T_OFF values, [0004-5, 66-67]) ; and generating the distance image of the entire distance range based on the results of the measurements about the plurality of sections ([0033-34, 48-49, 53-54]) . 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. Claims 2-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Grauer US 20180203122 A1 in view of Kato US 20230341749 A1 . Regarding claim 2, Grauer teaches the distance image acquisition device according to claim 1, wherein the plurality of sections include a first section and a second section farther from the light source than the first section (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]), and Grauer does not explicitly teach wherein the control unit controls the distance measurement sensor so that the charges accumulated in the charge accumulation region are read at a higher reading frequency in the measurement about the first section than in the measurement about the second section. Kato teaches more frequent exposures for closer ranges (Figs. 20A-20B, [0202]; examiner notes that frequency can reasonably be interpreted as related to how fast something is occurring or the number of times something is occurring – here, time between exposures at close range is shorter than at longer ranges) Additionally, Grauer does teach different frequency of measurements in different phases (Figs. 9A-9B, [0066-67]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grauer such that the control unit controls the distance measurement sensor so that the charges accumulated in the charge accumulation region are read at a higher reading frequency in the measurement about the first section than in the measurement about the second section similar to Kato with a reasonable expectation of success. This would have the predictable result of gaining information faster about objects close to the detector which can help improve safety. Regarding claim 3, Grauer teaches the distance image acquisition device according to claim 1, wherein the plurality of sections include a first section and a second section farther from the light source than the first section (multiple depth ranges shown in Fig. 1, Fig. 6, [0053-54, 68, 80]), and Grauer does not explicitly teach wherein the control unit controls the distance measurement sensor so that the charges are transferred to the charge accumulation region at a lower transfer frequency in the measurement about the first section than in the measurement about the second section. Kato teaches more exposures for longer ranges (Figs. 20A-20B, [0202]; examiner notes that frequency can reasonably be interpreted as related to how fast something is occurring or the number of times something is occurring – here, shorter ranges have fewer exposures than longer ranges) Additionally, Grauer does teach different frequency of measurements in different phases (Figs. 9A-9B, [0066-67]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grauer such that the control unit controls the distance measurement sensor so that the charges are transferred to the charge accumulation region at a lower transfer frequency in the measurement about the first section than in the measurement about the second section similar to Kato with a reasonable expectation of success. This would have the predictable result of helping improve signal to noise ratio in farther ranges which may have decreased signal due to the distance. Regarding claim 8, Grauer teaches the distance image acquisition device according to claim 1, Grauer does not explicitly teach wherein charge accumulation times in the measurements about the plurality of sections are equal to each other. Kato teaches depth ranges of equal sizes (Figs. 21-22, [0209-213]; one of ordinary skill in the art would recognize that if depth range distances are equal, then the measurement time in each depth range must be equal as well) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grauer such that charge accumulation times in the measurements about the plurality of sections are equal to each other similar to Kato with a reasonable expectation of success. This would have the predictable result of ensuring depth ranges are of equal sizes which can limit additional data needed to simplify combining data into images. Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Grauer US 20180203122 A1 in view of Geuens US 20200124726 A1. Regarding claim 4, Grauer teaches the distance image acquisition device according to claim 1, Grauer does not explicitly teach but Geuens teaches wherein the charge accumulation region includes a pair of charge accumulation regions, and wherein the transfer gate electrode include a pair of transfer gate electrodes arranged respectively on the regions between the charge generation region and the pair of charge accumulation regions (storage wells 221 and 222, with transfer gates A and B in Figs. 8-10, [0099, 109]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Grauer such that the charge accumulation region includes a pair of charge accumulation regions, and wherein the transfer gate electrode include a pair of transfer gate electrodes arranged respectively on the regions between the charge generation region and the pair of charge accumulation regions similar to Geuens with a reasonable expectation of success. This would have the predictable result of allowing a single pixel to image multiple distances and/or help in removing background noise. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kubota US 20220390568 A 1 teaches fixed light emission timing (Figs. 23 and 27 and different gate timings based on range, [0238-240, 259-260]; single light emission in Fig. 27 and individual emission for each range in Fig. 23) Kasuga US 20220003876 A1 teaches dividing distance ranging into segments (Fig. 9) Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JOSEPH C FRITCHMAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5533 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:00 am - 5:00 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Isam Alsomiri can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6970 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.C.F./ Examiner, Art Unit 3645 /ISAM A ALSOMIRI/ Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Feb 24, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+29.6%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 165 resolved cases by this examiner. Grant probability derived from career allow rate.

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