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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Claims 1-18 and 20 are currently pending.
Independent claim(s) 1 and 18 and dependent claims 12 have been amended by applicant’s amendments received 13 July 2026. Claim 20 has been newly added; No new matter has been introduced.
Claims 19 have been canceled, and therefore the prior rejections is/are moot.
Prior objections of claim 12 have been overcome by amendment and are therefore withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, pgs. 10-11, filed 13 July 2026, with respect to the rejection(s) of claim(s) 1-5, 9-11 and 16-19 under 35 USC 102(a)(1) and (a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference(s) in response to additional search reflecting the amended claim limitations, specifically that the routing layer should not include components such as a mask which may block or reduce the received light. Using the Broadest Reasonable Interpretation of claims 1 and 6, and the specification pg. 8, therefore it is understood that a routing layer made up of lenses or microlenses would read on this limitation.
In regard to the Applicant’s concerns over applying teachings of Van Weeren to teach routing layers which adjust a polarization of received light and then direct that light to sensor components based on the polarization, the examiner notes that the purpose of Van Weeren’s polarization (for beacon identification) does not eliminate it from teaching specific optical receiver components in this regard. The sensor system of Van Weeren is still an optical system, intending to collect light from an environment and direct light to a sensor array, where the optics include optical components of both non-refractive and refractive types, and would be applicable to the system of Ebbers (US 20220050205 A1) as relied upon in the updated rejections of claims 1-7 and 18 found below. Therefore, the arguments are considered not persuasive.
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) 1-7, and 18 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Ebbers et al. (hereinafter Ebbers, US 20220050205 A1).
Regarding claims 1, and 18 Ebbers anticipates an optoelectronic sensor for distance measurement, and a method for distance measurement (respectively), which comprises:
a light source that is configured to convert a transmission signal into transmission light and to transmit the transmission light into an environment ([0101]; where emitter for 3D imaging and Time-of-flight (TOF) system may be a laser);
a light receiver that receives transmission light reflected by objects in the environment as reception light, wherein the light receiver has an optical routing layer ([0101] - [0102]; Figs. 3, 7, where light reflected or scattered from a scene is collected by sensor array (64) with routing by at least microlens array (302))
wherein the light receiver has an image sensor comprising a plurality of sensor elements, wherein the sensor elements are configured to convert the reception light into reception signals ([0076] - [0077]; Fig. 7 where array of pixel sensors (322) detect incident light),
wherein at least two sensor elements are part of a sensor element group, wherein the routing layer is configured to supply the reception light successively and/or alternately to the sensor elements of the sensor element group ([0090] - [0096], [0099], [0121]; Figs. 7, 8, 13, where microlens array (558) may be above, or below, a modulator layer and wherein multiple pixel sensors are within a group where received light is directed to them after modulation for the group),
wherein the routing layer is configured to redirect the reception light to the sensor elements without blocking the reception light, such that no portion of the reception light is lost ([0042], [0101] - [0104]; Fig. 7 where microlens array (302) will direct light without blocking the received reflected light).
Regarding claim 2, Ebbers anticipates the optoelectronic sensor in accordance with claim 1, wherein
the image sensor comprises a two-dimensional detector array having sensor elements and/or sensor element groups of the same kind ([0049], [0090]; Fig. 3 where 2D array (64) is formed of pixel sensors (322) detect incident light).
Regarding claim 3, Ebbers anticipates the optoelectronic sensor in accordance with claim 1, wherein
the routing layer comprises a plurality of partitions that are each associated with a sensor element group, wherein each of the plurality of partitions supplies the reception light at least substantially only to the sensor elements of the sensor element group associated with a partition ([0099], [0121]; where a pattern of modulation may be formed based on a pixel-by-pixel or groups of two or more pixels, where each group receives differently controlled modulation.)
Regarding claim 4, Ebbers anticipates the optoelectronic sensor in accordance with claim 1, wherein
the routing layer is mechanically coupled to the image sensor or fastened to the image sensor ([0074], where the sensor and optical components may be a monolithic sensor where microlens array is attached directly to the sensors and/or modulator layers.).
Regarding claim 5, Ebbers anticipates the optoelectronic sensor in accordance with claim 1, wherein
the routing layer comprises a first and a second layer, wherein the second layer is configured to supply the reception light successively and/or alternately to the sensor elements of the sensor element group ([0090] - [0096], [0101] - [0104]; Figs. 7, 8, 13, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318) and where microlens array (558) may be above, or below, a modulator layer where received light is directed to pixel sensors).
Regarding claim 6, Ebbers anticipates the optoelectronic sensor in accordance with claim 5, wherein
the first and/or the second layer comprises/comprise a plurality of lenses ([0090] - [0096], [0101] - [0104]; Figs. 7, 8, 13, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318)).
Regarding claim 7, Ebbers anticipates the optoelectronic sensor in accordance with claim 5, wherein
the first layer is configured to direct the reception light to the second layer, wherein the second layer can be electrically controlled to supply the reception light successively and/or alternately to the sensor elements of the sensor element group ([0075], [0090] - [0096], [0101] - [0104]; Figs. 7, 8, 13, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318) and where optic layer (314) is an electro-optic material such as an electro-optic crystal intended to modulate, direct or block light from the specific sensor(s)).
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) 8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ebbers et al. (hereinafter Ebbers, US 20220050205 A1) in view of Van Weeren et al. (hereinafter Van Weeren, US 20210041220 A1).
Regarding claim 8, Ebbers teaches the optoelectronic sensor in accordance with claim 5, and teaches a first layer which may change a polarization of received light and a second layer which directs light ([0075], [0090] - [0096], [0101] - [0104]; Figs. 7, 8, 13, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318) and where optic layer (314) is an electro-optic material such as an electro-optic crystal intended to modulate, direct or block light from the specific sensor(s)), but does not explicitly discuss routing signals to specific detector elements based on the polarization.
Van Weeren teaches a system with an image sensor, where the sensor includes optical components for routing signals, where a second layer of a routing group of elements is configured to supply the reception light to different sensor elements of the sensor element group depending on the polarization of the reception light ([0107], [0150], [0201]; Fig. 2B where known optics are a series of non-refractive objectives (101), which includes one or more masks and each mask layer may be opaque, or a switchable optical elements such as liquid crystal cells to modify polarization or digital micromirror devices (DMDs) to direct light to specific portions of the sensor).
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 Ebbers to incorporate the teachings of Van Weeren to explicitly route a signal to sensor elements based on a polarization with a reasonable expectation of success, as this would be integrated into the system of Ebbers with predictable results of shifting, routing, or directing received signals based on a polarization to one of ordinary skill in the art.
Regarding claim 20, Ebbers teaches an optoelectronic sensor for distance measurement, comprising:
a light source that is configured to convert a transmission signal into transmission light and to transmit the transmission light into an environment ([0101]; where emitter for 3D imaging and Time-of-flight (TOF) system may be a laser);
a light receiver that receives transmission light reflected by objects in the environment as reception light, wherein the light receiver has an optical routing layer ([0101] - [0102]; Figs. 3, 7, where light reflected or scattered from a scene is collected by sensor array (64) with routing by at least microlens array (302)),
wherein the routing layer includes a first layer and a second layer ([0101] - [0104]; Fig. 7, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318)),
wherein the light receiver has an image sensor comprising a plurality of sensor elements, wherein the sensor elements are configured to convert the reception light into reception signals ([0076] - [0077]; Fig. 7 where array of pixel sensors (322) detect incident light),
wherein at least two sensor elements are part of a sensor element group, wherein the routing layer is configured to supply the reception light successively and/or alternately to the sensor elements of the sensor element group ([0090] - [0096], [0099], [0121]; Figs. 7, 8, 13, where microlens array (558) may be above, or below, a modulator layer and wherein multiple pixel sensors are within a group where received light is directed to them after modulation for the group),
wherein the routing layer is configured to redirect the reception light to the sensor elements without blocking the reception light, such that no portion of the reception light is lost ([0042], [0101] - [0104]; Fig. 7 where microlens array (302) will direct light without blocking the received reflected light),
teaches a first layer which may change a polarization of received light and a second layer which directs light ([0075], [0090] - [0096], [0101] - [0104]; Figs. 7, 8, 13, where routing layers may include microlens array (302), optic material (314), and coatings (310, 318) and where optic layer (314) is an electro-optic material such as an electro-optic crystal intended to modulate, direct or block light from the specific sensor(s)), but does not explicitly discuss routing signals to specific detector elements based on the polarization.
Van Weeren teaches a system with an image sensor, where the sensor includes optical components for routing signals, where a second layer of a routing group of elements is configured to supply the reception light to different sensor elements of the sensor element group depending on the polarization of the reception light ([0107], [0150], [0201]; Fig. 2B where known optics are a series of non-refractive objectives (101), which includes one or more masks and each mask layer may be opaque, or a switchable optical elements such as liquid crystal cells to modify polarization or digital micromirror devices (DMDs) to direct light to specific portions of the sensor).
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 Ebbers to incorporate the teachings of Van Weeren to explicitly route a signal to sensor elements based on a polarization with a reasonable expectation of success, as this would be integrated into the system of Ebbers with predictable results of shifting, routing, or directing received signals based on a polarization to one of ordinary skill in the art.
Claim(s) 9-11 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ebbers et al. (hereinafter Ebbers, US 20220050205 A1) in view of Kadambi et al. (hereinafter Kadambi, US 20170234985 A1).
Regarding claims 9-11, Ebbers teaches the optoelectronic sensor in accordance with claim 1, but is silent on the readout patterns of the accumulated charges within the sensor elements of an array.
Kadambi teaches a time-of-flight (ToF) camera which incorporates a CCD or CMOS array ([0120]), wherein
the image sensor is configured to perform a readout of charge quantities accumulated by the sensor elements after a predetermined number of irradiation cycles and/or separately for the sensor elements of the sensor element group ([0068], where each frame may include a number of modulation cycles on the order of 1000).
wherein the optoelectronic sensor is configured to generate the reception signal only after at least 1,000, 10,000 or 100,000 irradiation cycles ([0068], where each frame may include a number of modulation cycles on the order of 1000),
or wherein the image sensor is configured to perform the readout of the charge quantities accumulated by the sensor elements substantially at the same time for the sensor elements of the sensor element group ([0056], [0061], [0166]; Figs. 1, 2 steps (102) and (202), respectively, read out for entire sensor based on collected frequency sweep signals).
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 Ebbers to incorporate the teachings of Kadambi to use a specific readout procedure of the sensor array, such as after a specific number of emission/collection cycles, with a reasonable expectation of success because as Kadambi describes, incorporating more cycles, modulation frequencies, or controlling the readout procedures will lead to improved accuracy of distance measurements even in low signal-to-noise situations ([0086] - [0088]).
Regarding claims 16 and 17, Ebbers teaches the optoelectronic sensor in accordance with claim 1, but is silent on the emitter or emission patterns.
Kadambi teaches a ToF camera system wherein a light source is configured to transmit the transmission light in an amplitude-modulated manner ([0056]),
and wherein the light source is configured to use a frequency of more than 1 GHz, 5 GHz, 10 GHz or 50 GHz for the amplitude modulation ([0053]).
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 Ebbers to incorporate the teachings of Kadambi to use an amplitude-modulated light source with a reasonable expectation of success. As Ebbers is directed to a system which includes a laser-based TOF system, wherein the sensor array s further designed to apply amplitude modulation to detected signals ([0112]), and Kadambi utilizes amplitude modulation to cross-correlate detected signals based on amplitude modulated sources in order to overcome issues within traditional ToF systems, such as inaccuracies due to phase-wrapping or those introduced when signal-to-noise ratios are low ([0003] – [007]).
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ebbers et al. (hereinafter Ebbers, US 20220050205 A1) in view of Kim et al. (hereinafter Kim, US 20140104391 A1).
Regarding claims 12 and 13, Ebbers teaches the optoelectronic sensor in accordance with claim 1, but is silent on the specific math of how the distance is determined from a phase shift in the signal.
Kim teaches a system which measures phase shift based on a number of signals, and where the sensor is configured to determine a distance from the objects in the environment based on at least eight reception signals
E
1,1
,
E
1,2
,
E
2,1
,
E
2,2
,
E
3,1
,
E
3,2
,
E
4,1
a
n
d
E
4,2
that are generated by two sensor elements of the same sensor element group,
And wherein a phase shift
Φ
T
O
F
of the reception light with respect to the transmission light is determined for the respective sensor element group based on the formula
Φ
T
O
F
=
tan
-
1
E
4,1
-
E
4,2
-
E
2,1
-
E
2,2
E
1,1
-
E
1,2
-
E
3,1
-
E
3,2
where E1,1 and E1,2 are the reception signals that are generated by the two sensor elements after a first measurement process, E2,1 and E2,2 are the reception signals that are generated by the two sensor elements after a second measurement process, E3,1 and E3,2 are the reception signals that are generated by the two sensor elements after a third measurement process, and E4,1 and E4,2 are the reception signals that are generated by the two sensor elements after a fourth measurement process ([0042], [0049] - [0051], [0063] - [0067], [0070], [0091] - [0092], where the eight values are indicative of four pixel signals (A0, A1, A2, A3), from a 1-tap depth pixel with two photogates where the four clock signals are each indicative of a difference between an emitted signal and received signal per Eq. 3).
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 Ebbers to incorporate the teachings of Kim to use four differences in signals to determine a total signal phase shift, while utilizing signals from two sensor elements following four measurement processes a reasonable expectation of success. Determining phase shifts based on differences in signals, specifically emitted (as reference) signals and received signals for a number of phase differences (usually 0, 90, 180 and 270 degrees) is well known within the art. Use of the equation as noted in Kim with a system with multiple sensors within a sensor group would have predictable results of determining phase shifts due to multiple signals and phase modulations, where the polarizations of returned light may be changed or measured by modulation as taught by Ebbers which would lead to better accuracy.
Regarding claims 14 and 15, Ebbers teaches the optoelectronic sensor in accordance with claim 1. Kim teaches that four reception signals may be indicative of four differences in emitted and received signals, each from a different sensor element (such as a photogate) ([0042], [0049] - [0051], [0063] - [0067], [0070], [0091] - [0092], where the four values are indicative of four pixel signals (A0, A1, A2, A3), from a 1-tap depth pixel with two photogates where the four clock signals are each indicative of a difference between an emitted signal and received signal per Eq. 3). Therefore, claims 14 and 15 are similarly rejected to claims 12 and 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Banks (US 8471895 B2) teaches a 3D imaging system and method where a pulsed emitter illuminates a scene, and returned light may be modulated, directed, or polarized by optics within the sensor.
Munro (US 20040135992 A1) teaches a system and method of operation for measuring a target distance and velocity based on a pulsed time-of-flight system, with amplitude modulation and a measurement of distance with relation to a phase shift.
Watanabe et al. (US 20100046802 A1) teaches a distance estimation system which utilizes amplitude modulation for emitted light and a camera/image sensor which may employ a CCD or CMOS sensor.
Seuss et al. (US 20200326563 A1) teaches a LIDAR system with intensity modulation and a set of camera sensors which collect signals separated by polarization.
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.
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.
/K.M.R./Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
Prosecution Insights