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.
DETAILED ACTION
Claims status
Claims 1-18 are pending as the applicant filed on 12/22/2022.
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.
Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a time-of-flight measurement method, comprising:
obtaining histogram data of a target object, wherein the histogram data comprises m counts, m is an integer greater than 1, and each of the m counts is associated with a time which is an abstract idea of mathematical manipulation function or data gathering equivalent to mathematical concept (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of performing digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts
are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional element of determining a time of flight of the target object based on a time corresponding to a peak value in the m filtered values appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 13, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a time-of-flight measurement apparatus, comprising: an obtaining unit, configured to obtain histogram data of a target object, wherein the histogram data comprises m counts, m is an integer greater than 1, and each of the m counts is associated with a time which is an abstract idea of mathematical manipulation function or data gathering equivalent to mathematical concept (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a filtering unit, configured to perform digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional element of determining a time of flight of the target object based on a time corresponding to a peak value in the m filtered values appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 13 not eligible.
Claim 18, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a time-of-flight measurement apparatus, comprising a processor and a memory, wherein the memory is configured to store a computer program or an instruction, and the processor is configured to execute the computer program or the instruction in the memory to implement a time-of-flight measurement method, the time-of-flight measurement method comprising: obtaining histogram data of a target object, wherein the histogram data comprises m counts, m is an integer greater than 1, and each of the m counts is associated with a time which is an abstract idea of mathematical manipulation function or data gathering equivalent to mathematical concept (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of performing digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional element of determining a time of flight of the target object based on a time corresponding to a peak value in the m filtered values appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 18 not eligible.
Claim 2, related to wherein performing digital filtering on the m counts comprises: performing, by a digital filter, digital filtering on the m counts, wherein the digital filter comprises a finite impulse response (FIR) filter or an infinite impulse response (IIR) filter appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3, related to
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appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4, related to wherein obtaining histogram data of a target object comprises: reading the m counts comprised in the histogram data and the times associated with the m counts from a first random access memory (RAM) based on a preset period appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5, related to wherein performing digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts comprises: generating m storage addresses based on times respectively corresponding to the m filtered values; and storing the m filtered values in a second RAM based on the m storage addresses appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6, related to obtaining one or more of a configured order, equivalent sampling clock frequency, window function, and equivalent signal frequency; and obtaining a coefficient of an FIR filter based on one or more of the order, the equivalent sampling clock frequency, the window function, and the equivalent signal frequency by using a MATLAB toolbox appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7, related to wherein an equivalent signal period is equal to half-peak width corresponding to the histogram data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8, related to wherein the sampling clock frequency is equal to a time interval between two adjacent counts in the histogram data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9, related to wherein before obtaining histogram data of a target object, the method comprising: obtaining N timestamp sets, wherein N is an integer greater than 1, each timestamp set represents a photon event corresponding to an integration period, each timestamp set comprises multiple timestamps, and integration periods corresponding to the timestamp sets are equal; generating the histogram data based on the N timestamp sets, wherein an abscissa of the histogram comprises multiple timestamps, and an ordinate of the histogram comprises counts corresponding to the timestamps appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10, related to wherein generating histogram data based on the N timestamp sets comprises: dividing the N timestamp sets into KT groups, wherein KT is an integer greater than 1, and each group comprises one or more timestamp sets; accumulating the one or more timestamp sets comprised in each group to obtain KT slices, wherein each slice comprises multiple timestamps; performing coherent processing on the KT slices to obtain coherent timestamp sets; and generating the histogram data based on the coherent timestamp sets appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11, related to wherein generating histogram data based on the N timestamp sets comprises: obtaining P2 groups based on the N timestamp sets, wherein P2 < N, P2 is a positive integer, and each group comprises at least two timestamp sets; accumulating the at least two timestamp sets comprised in each group to obtain P2 first intermediate timestamp sets; screening each first intermediate timestamp set to obtain P2 second intermediate timestamp sets, wherein the screening comprises: moving a sliding window with preset width on time length to implement screening, and in response to the number of timestamps covered by the sliding window being less than a number threshold, filtering out the timestamps in the sliding window, or in response to the number of timestamps covered by the sliding window being greater than or equal to the number threshold, retaining the timestamps in the sliding window; accumulating the P2 second intermediate timestamp sets to obtain coherent timestamp sets; and obtaining the histogram data based on the coherent timestamp sets appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12, related to wherein generating histogram data based on the N timestamp sets comprises: selecting K3 timestamp sets from the N timestamp sets, wherein K3 < N and K3 is an integer greater than 2; and accumulating the selected K3 timestamp sets to obtain a histogram appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 14, related to : a first obtaining unit, configured to obtain N timestamp sets, wherein N is an integer greater than 1, each timestamp set represents a photon event corresponding to an integration period, each timestamp set comprises multiple timestamps, and integration periods corresponding to the timestamp sets are equal; a first generating unit, configured to generate the histogram data based on the N timestamp sets, wherein an abscissa of the histogram comprises multiple timestamps, and an ordinate of the histogram comprises counts corresponding to the timestamps appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 15, related wherein the first generating unit comprises: a dividing unit, configured to divide the N timestamp sets into K1 groups, wherein K1 is an integer greater than 1, and each group comprises one or more timestamp sets; an accumulating unit, configured to accumulate the one or more timestamp sets comprised in each group to obtain Ki slices, wherein each slice comprises multiple timestamps; a coherence unit, configured to perform coherent processing on the Ki slices to obtain coherent timestamp sets; and a second generating unit, configured to generate the histogram data based on the coherent timestamp sets appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 15 not eligible.
Claim 16, related wherein the first generating unit comprises: a dividing unit, configured to divide the N timestamp sets into K1 groups, wherein K1 is an integer greater than 1, and each group comprises one or more timestamp sets; an accumulating unit, configured to accumulate the one or more timestamp sets comprised in each group to obtain Ki slices, wherein each slice comprises multiple timestamps; a coherence unit, configured to perform coherent processing on the Ki slices to obtain coherent timestamp sets; and a second generating unit, configured to generate the histogram data based on the coherent timestamp sets appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17, related to wherein the first generating unit comprises: a grouping unit, configured to obtain P2 groups based on the N timestamp sets, where P2 < N, P2 is a positive integer, and each group comprises at least two timestamp sets; an accumulating unit, configured to accumulate the at least two timestamp sets comprised in each group to obtain P2 first intermediate timestamp sets; a screening unit, configured to screen each first intermediate timestamp set to obtain P2 second intermediate timestamp sets, wherein the screening comprises: moving a sliding window with preset width on time length to implement screening, and in response to the number of timestamps covered by the sliding window being less than a number threshold, filtering out the timestamp in the sliding window, or in response to the number of timestamps covered by the sliding window being greater than or equal to the number threshold, retaining the timestamp in the sliding window; the accumulating unit is further configured to accumulate the P2 second intermediate timestamp sets to obtain coherent timestamp sets; and a third generating unit, configured to obtain the histogram data based on the coherent timestamp sets appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claims 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are drawn to a "a processor and a memory, wherein the memory is configured to store a computer program or an instruction, and the processor is configured to execute the computer program or the instruction in the memory to implement a time-of-flight measurement method". The broadest reasonable interpretation of a claim drawn to a computer program covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter. See 351 OG 212, Feb 23 2010.
The Examiner suggests that Applicant amends the claims as follows: "non-transitory computer readable medium containing computer instructions stored therein for causing a computer processor to perform".
Claim Rejections - 35 USC § 112
3. 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 6-12 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.
The MATLAB toolbox has different version of release, unsure which is the version the applicant referred to.
In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
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.
Claim(s) 1, 13, 18, 2 and 4 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Finkelstein et al. (US Patent Publication Application 2019/0250257 A1, Date Published: 2019-08-15).
Regarding claim 1:
Finkelstein described a time-of-flight measurement method (0101, time of flight), comprising: obtaining histogram data of a target object (fig. 2, car), wherein the histogram data comprises m counts, m is an integer greater than 1 (0021, time, fig. 5C), and each of the m counts is associated with a time (0021, time, fig. 5C); performing digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts (fig. 4A, 4B); and determining a time of flight of the target object based on a time corresponding to a peak value in the m filtered values (0021, time of arrival, fig.5C).
Regarding claim 13:
Finkelstein described a time-of-flight measurement apparatus (0101, time of flight), comprising: an obtaining unit, configured to obtain histogram data of a target object, wherein the histogram data comprises m counts, m is an integer greater than 1 (0021, time, fig. 5c), and each of the m counts is associated with a time (0021, time); a filtering unit, configured to perform digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts (fig. 4A, 4B); and a determining unit, configured to determine a time of flight of the target object based on a time corresponding to a peak value in the m filtered values (0021, time of arrival, fig.5C).
Regarding claim 18:
Finkelstein described a time-of-flight measurement apparatus (0101, time of flight), comprising a processor and a memory, wherein the memory is configured to store a computer program or an instruction, and the processor is configured to execute the computer program or the instruction in the memory to implement a time-of-flight measurement method, the time-of-flight measurement method comprising (fig. 2, processor 209, controller 205,SPAD array 210):
obtaining histogram data of a target object, wherein the histogram data comprises m counts, m is an integer greater than 1, and each of the m counts is associated with a time (0021, time, fig. 5c); performing digital filtering on the m counts to obtain m filtered values respectively corresponding to the m counts (fig. 4A, 4B); and determining a time of flight of the target object based on a time corresponding to a peak value in the m filtered values (0021, time of arrival, fig.5C).
Regarding claim 2, Finkelstein further described wherein performing digital filtering on the m counts comprises: performing, by a digital filter, digital filtering on the m counts (fig. 4a, 4b), wherein the digital filter (0011, Digital Converter) comprises a finite impulse response (FIR) filter (fig. 4a, 534m, 4b, 20 degrees) or an infinite impulse response (IIR) filter.
Regarding claim 4, Finkelstein further described in the histogram data and the times associated with the m counts from a first random access memory (RAM) based on a preset period (fig. 2, processor, tunable filter, fig. 4a, 4b, x axis).
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) 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Finkelstein et al. (US Patent Publication Application 2019/0250257 A1, Date Published: 2019-08-15)..
Regarding claim 6, Finkelstein further described obtaining one or more of a configured order, equivalent sampling clock frequency, window function (fig. 4a, 4b), and equivalent signal frequency; and obtaining a coefficient of an FIR filter based on one or more of the order, the equivalent sampling clock frequency, the window function, and the equivalent signal frequency (fig. 4a, 4b, wavelength, angle) by using a toolbox (calculation in fig. 2, SPAD array, 4a, 4b).
Finkelstein does not describe using MATLAB. Finkelstein describe using Time-Correlated Single-Photon Counting (0015) commercial available LIDAR system (0002).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Finkelstein to have using MATLAB since this is a very common commercial available tool in the industry for easy use.
Regarding claim 7, Finkelstein further described wherein an equivalent signal period is equal to half-peak width corresponding to the histogram data (0004, half the modulation cycle).
Regarding claim 8, Finkelstein further described wherein the sampling clock frequency is equal to a time interval between two adjacent counts in the histogram data (0155, clock input, fig. 4a, wavelength).
Regarding claim 9, Finkelstein further described wherein before obtaining histogram data of a target object, the method comprising: obtaining N timestamp sets, wherein N is an integer greater than 1 (fig. 4a, 4b), each timestamp set represents a photon event corresponding to an integration period (0158, photon), each timestamp set comprises multiple timestamps, and integration periods corresponding to the timestamp sets are equal; generating the histogram data based on the N timestamp sets, wherein an abscissa of the histogram comprises multiple timestamps, and an ordinate of the histogram comprises counts corresponding to the timestamps (0158, fig. 4b @ different wavelength with photon).
Regarding claim 10, Finkelstein further described generating histogram data based on the N timestamp sets comprises: dividing the N timestamp sets into KT groups (0198, per-pixel basis or on groups of pixels fig. 4a, 4b), wherein KT is an integer greater than 1, and each group comprises one or more timestamp sets; accumulating the one or more timestamp sets comprised in each group to obtain KT slices (fig. 4a, 5305, 531,etc), wherein each slice comprises multiple timestamps; performing coherent processing on the KT slices to obtain coherent timestamp sets; and generating the histogram data based on the coherent timestamp sets (fig. 4a, 5305, 531, 5315, etc).
Note: Claims 3, 5, 11, 12, 14-17 appears lack of prior art in view of the invention as a whole.
Contact information
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
January 12, 2026