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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 16 April 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments filed 13 July 2026 have been entered. Claims 1, 3-11, and 13-15 remain pending in the application (claims 2 and 12 have been cancelled). The Applicant’s amendments to the specification and claims overcome each and every objection, 112(f) interpretation, and 112(b) rejection previously set forth in the Non-Final Rejection dated 13 January 2026.
Response to Arguments
Applicant's arguments filed 13 July 2026 have been fully considered but they are not persuasive.
On pages 8-9, the Applicant argues that the combination of Ju and Na fails to teach the limitations of newly amended claim 1, stating specifically that claim 1 requires a single light-emitting device used to both judge an object type based on a difference between signals from a first and second sensor, and perform proximity sensing using the first or second sensor. First, the claim does not recite that the device must use only a single emitting device, it merely claims “a light-emitting device” which can include any number of light sources, beams, etc.
Further regarding the above argument, the Applicant states that Ju is directed to a different mechanism, specifically stating that Ju fails to teach determining and difference between signals of two light sensors. However, the Examiner has already stated that in the previous rejection and brought in Na to teach this limitation. Additionally, the Applicant argues that Ju does not teach proximity sensing, however, Ju teaches obtaining the distance of the target from the sensor, which is proximity.
The Applicant further argues that Na does not supply the missing integration, again arguing about a single light-emitting device. As mentioned before, the claim does not recite that the device must use only a single emitting device, it merely claims “a light-emitting device” which can include any number of light sources, beams, etc. Additionally, Na teaches wherein the photodetectors of the photo-detecting unit may be a photodetector for three-dimensional (3D) depth sensing (e.g., i-TOF or d-TOF photodetector), proximity sensing, optical spectroscopy, two-dimensional (2D) sensing (e.g., 2D IR imaging), or a combination thereof (Na, ¶114). This excerpt explicitly teaches the dual functionality of the claimed invention.
Additionally, the Applicant argues that the combination of Ju and Na had no proper motivation and was instead impermissible hindsight, however, the Examiner disagrees. Both Ju and Na are drawn to ToF sensors used to identify objects, and as stated in the previous rejection, calculating a difference between two signals is obvious because different objects would reflect wavelengths differently, and further detected information would help the device identify an object. This is merely a common sense rationale. Additionally, [a]ny judgment on obviousness is in a sense necessarily a reconstruction based on hindsight reasoning, but so long as it takes into account only knowledge which was within the level of ordinary skill in the art at the time the claimed invention was made and does not include knowledge gleaned only from applicant’s disclosure, such a reconstruction is proper (MPEP 2145 X A).
For the reasons set forth above, the combination of Ju and Na teaches amended claims 1 and 11.
Claim Rejections - 35 USC § 103
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-9, 11, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (CN 213693974 U) in view of Na et al. (USPGPub 20210381960 A1).
Regarding claim 1, Ju teaches a light sensor, comprising: a light-emitting device (112), generating an emitted signal (see figure 2, light source 112; and ¶57, the hybrid light source 11 needs to emit light beams of at least three different wavelengths); a first light-sensing unit (14), having light-sensing characteristics corresponding to a first wavelength range; and a second light-sensing unit (14), having light-sensing characteristics corresponding to a second wavelength range, said second wavelength range differing from said first wavelength range (see figures 2 and 5, photosensitive element 14; and ¶64, Since each photosensitive element 14 can only receive information light of one wavelength, the information light needs to be split by the beam splitter 13 before the photosensitive element 14 receives the information light, so that each wavelength of information light in the information light is projected onto its corresponding photosensitive element 14); wherein when said emitted signal is reflected by an object (15) and received by said first light-sensing unit (14) and said second light-sensing unit (14), a control circuit (16) judges a type of said object (¶73, the 3D recognition module 1 emits light toward the target object 15 and receives information light reflected from the target object 15 to generate image information. In this way, the image information can be deeply analyzed to realize object type sensing and recognition); and said control circuit (16) further performs proximity sensing according to the sensed signal of said first light-sensing unit (14) or the sensed signals of said second light-sensing unit (14) (¶60, The reflected pulse wave is received by the photosensitive element 14. Then, the 3D recognition module 1 detects and calculates the round-trip time of the light pulse of each pixel point in the pulsed light to obtain the distance of each point in the target object 15 relative to the 3D recognition module 1). However, Ju fails to explicitly teach wherein the control circuit judges a type of said object according to a difference between a sensed signal of said first light-sensing unit and a sensed signal of said second light-sensing unit.
However, Na teaches wherein the control circuit (104/203) judges a type of said object (140) according to a difference between a sensed signal of said first light-sensing unit (108) and a sensed signal of said second light-sensing unit (110) (¶117, As the reflectivity of the first wavelength and the reflectivity of the second wavelength are dependent on the object 140, the magnitude of the first detecting signal detected by the photodetector 108 and the magnitude of the second detecting signal detected by the photodetector 110 may be different. In some implementations, the calculation circuit 104 can be configured to calculate a ratio of the first magnitude and the second magnitude as the calculating result ED. In some embodiments, the calculation circuit 104 can be configured to calculate a difference of the first magnitude and the second magnitude).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ju to incorporate the teachings of Na to further calculate a difference between the two signals because, depending on the object, the reflectivity of the wavelengths may differ, the measurement of which would help determine the type of object.
Regarding claim 3, Ju as modified by Na teaches the light sensor of claim 1, wherein said first light-sensing unit (Ju 14 | Na 108) includes an optical filter covering a light-receiving region of said first light-sensing unit (Ju 14 | Na 108) (Ju, ¶10, the beam splitter is a filter, and the same beam splitting region has at least two filters adapted to the information light of each wavelength; each filter is used to filter the information light of different wavelengths to allow the information light adapted to the filter to be projected onto the corresponding photosensitive chip).
Regarding claim 4, Ju as modified by Na teaches the light sensor of claim 3, wherein said second light-sensing unit (Ju 14 | Na 110) includes an optical filter covering a light-receiving region of said second light-sensing unit (Ju 14 | Na 110); and said optical filter of said second light-sensing unit (Ju 14 | Na 110) is different from the optical filter of said first light-sensing unit (Ju 14 | Na 108) (Ju, ¶10, the beam splitter is a filter, and the same beam splitting region has at least two filters adapted to the information light of each wavelength; each filter is used to filter the information light of different wavelengths to allow the information light adapted to the filter to be projected onto the corresponding photosensitive chip).
Regarding claim 5, Ju as modified by Na teaches the light sensor of claim 1, wherein said first light-sensing unit (Ju 14 | Na 108) includes an optoelectronic diode corresponding to said first wavelength range; and said second light-sensing unit (Ju 14 | Na 110) includes an optoelectronic diode corresponding to said second wavelength range (Ju, see figures 2 and 5, photosensitive element 14; and ¶64, Since each photosensitive element 14 can only receive information light of one wavelength, the information light needs to be split by the beam splitter 13 before the photosensitive element 14 receives the information light, so that each wavelength of information light in the information light is projected onto its corresponding photosensitive element 14).
Regarding claim 6, Ju as modified by Na teaches the light sensor of claim 1, wherein said light sensor comprises another light-emitting device (Ju 112 | Na 114) generating an emitted signal; and a wavelength of said emitted signal generated by said light-emitting device (Ju 112 | Na 112) is different from a wavelength of said emitted signal generated by said another light-emitting device (Ju 112 | Na 114) (Ju, ¶59, the hybrid light source 11 may also be equipped with a visible light laser and an infrared laser).
Regarding claim 7, Ju as modified by Na teaches the light sensor of claim 1, wherein said light sensor comprises a third light-sensing unit (Ju 14) with light-sensing characteristics corresponding to a third wavelength range different from said first wavelength range and said second wavelength range (Ju, see figures 2 and 5, photosensitive element 14; ¶55, in order to further improve the identification accuracy of the type of object, the hybrid light source 11 is used to emit light beams of three different wavelengths; and ¶64, Since each photosensitive element 14 can only receive information light of one wavelength, the information light needs to be split by the beam splitter 13 before the photosensitive element 14 receives the information light, so that each wavelength of information light in the information light is projected onto its corresponding photosensitive element 14); and said control circuit (Ju 16 | Na 104) judges the type of said object (Na 140) according to the differences between the signals sensed by said first light-sensing unit (Ju 14 | Na 108), said second light-sensing unit (Ju 14 | Na 110), and said third light-sensing unit (Ju 14) (Na, ¶117, As the reflectivity of the first wavelength and the reflectivity of the second wavelength are dependent on the object 140, the magnitude of the first detecting signal detected by the photodetector 108 and the magnitude of the second detecting signal detected by the photodetector 110 may be different. In some implementations, the calculation circuit 104 can be configured to calculate a ratio of the first magnitude and the second magnitude as the calculating result ED. In some embodiments, the calculation circuit 104 can be configured to calculate a difference of the first magnitude and the second magnitude; and see ¶160 for further details).
Regarding claim 8, Ju as modified by Na teaches the light sensor of claim 1, wherein said control circuit (Ju 16 | Na 104/203) is coupled to said light-emitting device (Ju 112 | Na 112), said first light-sensing unit (Ju 14 | Na 108), and said second light-sensing unit (Ju 14 | Na 110), respectively (Ju, see figure 1, processor 16; and ¶72, the 3D recognition module 1 also includes a processor 16, which is electrically connected to the photosensitive element 14; and Na, ¶21, the light-emitting unit, the photo-detecting unit, and the controller can be implemented on a common chip; and see ¶¶140-141 for further details).
Regarding claim 9, Ju as modified by Na teaches the light sensor of claim 1, wherein said first light-sensing unit (Ju 14 | Na 108), said second light-sensing unit (Ju 14 | Na 110), and said control circuit (Ju 16 | Na 104/203) are integrated on an integrated-circuit chip (Na, ¶21, the light-emitting unit, the photo-detecting unit, and the controller can be implemented on a common chip; and see ¶¶140-141 for further details).
Regarding claim 11, Ju teaches a control method of a light sensor, controlling operation of the light sensor comprising a light-emitting device (112) (see figure 2, light source 112; and ¶57, the hybrid light source 11 needs to emit light beams of at least three different wavelengths), a first light-sensing unit (14), and a second light-sensing unit (14), said first light-sensing unit (14) having light-sensing characteristics corresponding to a first wavelength range, said second light-sensing unit (14) having light-sensing characteristics corresponding to a second wavelength range, said first wavelength range different from said second wavelength range (see figures 2 and 5, photosensitive element 14; and ¶64, Since each photosensitive element 14 can only receive information light of one wavelength, the information light needs to be split by the beam splitter 13 before the photosensitive element 14 receives the information light, so that each wavelength of information light in the information light is projected onto its corresponding photosensitive element 14), and a control circuit (16) receiving signals sensed by said first light-sensing unit (14) and said second light-sensing unit (14); wherein when said emitted signal is reflected by an object and received by said first light-sensing unit (14) and said second light-sensing unit (14), said control circuit (16) judges a type of said object (¶73, the 3D recognition module 1 emits light toward the target object 15 and receives information light reflected from the target object 15 to generate image information. In this way, the image information can be deeply analyzed to realize object type sensing and recognition); and said control circuit (16) senses distance according to the signal sensed by said first light-sensing unit (14) or the signal sensed by said second light-sensing unit (14) (¶60, The reflected pulse wave is received by the photosensitive element 14. Then, the 3D recognition module 1 detects and calculates the round-trip time of the light pulse of each pixel point in the pulsed light to obtain the distance of each point in the target object 15 relative to the 3D recognition module 1). However, Ju fails to explicitly teach the control circuit controlling said light-emitting device to emit light; and wherein the control circuit judges a type of said object according to a difference between the signal sensed by said first light-sensing unit and of the signal sensed by said second light-sensing unit.
However, Na teaches the control circuit (104/203) controlling said light-emitting device (112) to emit light (¶140, the controller 203 (e.g., analog or digital circuitry, or one or more processors) can be configured to generate a first control signal CS1 and a second control signal CS2 to control (e.g., drive) the light emitted from the light sources 112/114); and wherein the control circuit (104/203) judges a type of said object (140) according to a difference between of the signal sensed by said first light-sensing unit (108) and of the signal sensed by said second light-sensing unit (110) (¶117, As the reflectivity of the first wavelength and the reflectivity of the second wavelength are dependent on the object 140, the magnitude of the first detecting signal detected by the photodetector 108 and the magnitude of the second detecting signal detected by the photodetector 110 may be different. In some implementations, the calculation circuit 104 can be configured to calculate a ratio of the first magnitude and the second magnitude as the calculating result ED. In some embodiments, the calculation circuit 104 can be configured to calculate a difference of the first magnitude and the second magnitude).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ju to incorporate the teachings of Na to further include a controller configured to control the light source in order to not only provide function to the device and controlling wavelength, but to also save energy by preventing the light source being constantly turned on. Additionally, it would have been obvious to further calculate a difference between the two signals because, depending on the object, the reflectivity of the wavelengths may differ, the measurement of which would help determine the type of object.
Regarding claim 13, Ju as modified by Na teaches the control method of light sensor of claim 11, wherein said light sensor comprises another light-emitting device (Ju 112 | Na 112); and said control method comprises a step of controlling said another light-emitting device (Ju 112 | Na 114) to generate an emitted signal and controlling a wavelength of said emitted signal generated by said light-emitting (Ju 112 | Na 112) device different from a wavelength of said emitted signal generated by said another light-emitting device (Ju 112 | Na 114) (Ju, ¶59, the hybrid light source 11 may also be equipped with a visible light laser and an infrared laser; and Na, ¶140, the controller 203 (e.g., analog or digital circuitry, or one or more processors) can be configured to generate a first control signal CS1 and a second control signal CS2 to control (e.g., drive) the light emitted from the light sources 112/114).
Regarding claim 14, Ju as modified by Na teaches the control method of light sensor of claim 11, wherein said light sensor comprises a third light-sensing unit (Ju 14) with light-sensing characteristics corresponding to a third wavelength range different from said first wavelength range and said second wavelength range (Ju, see figures 2 and 5, photosensitive element 14; ¶55, in order to further improve the identification accuracy of the type of object, the hybrid light source 11 is used to emit light beams of three different wavelengths; and ¶64, Since each photosensitive element 14 can only receive information light of one wavelength, the information light needs to be split by the beam splitter 13 before the photosensitive element 14 receives the information light, so that each wavelength of information light in the information light is projected onto its corresponding photosensitive element 14); and said control method comprises a step of said control circuit (Ju 16 | Na 104/203) judging the type of said object (Na 140) according to the differences between the signals sensed by said first light-sensing unit (Ju 14 | Na 108), said second light-sensing unit (Ju 14 | Na 110), and said third light-sensing unit (Ju 14) (Na, ¶117, As the reflectivity of the first wavelength and the reflectivity of the second wavelength are dependent on the object 140, the magnitude of the first detecting signal detected by the photodetector 108 and the magnitude of the second detecting signal detected by the photodetector 110 may be different. In some implementations, the calculation circuit 104 can be configured to calculate a ratio of the first magnitude and the second magnitude as the calculating result ED. In some embodiments, the calculation circuit 104 can be configured to calculate a difference of the first magnitude and the second magnitude; and see ¶160 for further details).
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ju et al. (CN 213693974 U) in view of Na et al. (USPGPub 20210381960 A1) as applied to claims 1 and 11 above, and further in view of Ruichi et al. (CN 111948669 A).
Regarding claims 10 and 15, Ju as modified by Na teaches the control circuit (Ju 16 | Na 104/203), the first light-sensing unit (Ju 14 | Na 108), and the second light-sensing unit (Ju 14 | Na 110) (Ju, ¶72, the 3D recognition module 1 also includes a processor 16, which is electrically connected to the photosensitive element 14; and Na, ¶21, the light-emitting unit, the photo-detecting unit, and the controller can be implemented on a common chip). However, the combination fails to explicitly teach generating an identification rate and stores a range index of said identification rate for judging the type of said object.
However, Ruichi teaches generating an identification rate and stores a range index of said identification rate for judging the type of said object (¶69, The database stores hyperspectral data information of various objects. The identification device is used to compare the hyperspectral data information generated by the hyperspectral data information acquisition system 100 with the hyperspectral data information in the database, and determine the category of the object to be tested corresponding to the hyperspectral data information based on the data comparison result).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Ju and Na to incorporate the teachings of Ruichi to further include storing a database of object data in order to quickly identify the object under test.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pacala et al. (USPGPub 20200116836 A1): Pacala teaches determining proximity in addition to other information from a LIDAR sensor (¶234, user interface hardware and software 3205 can track distances (proximity) of objects from the vehicle and/or analyze visual features determined from ambient-light sensor channels). Based on the visual features and distance information, user interface hardware and software can, for example, identify and track objects in the field of view and potentially provide alerts to a driver or provide such tracking information for analytics of a driver's performance; and see remainder of ¶234 for further details).
Yeh et al. (USPGPub 20220136817 A1): Yeh teaches an optical sensing device that can perform three-dimensional imaging and proximity sensing (¶95, the optical sensing apparatus 100 is configured to provide an output for a proximity sensing application, a gesture recognition application, a three-dimensional imaging application, or any other suitable sensing applications).
THIS ACTION IS MADE FINAL. 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 ERIN R GARBER whose telephone number is (571)272-4663. The examiner can normally be reached M-F 0730-1730.
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/ERIN R GARBER/Examiner, Art Unit 2878
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