Prosecution Insights
Last updated: April 19, 2026
Application No. 18/207,443

OPTICAL SENSING SYSTEM, OPTICAL SENSING DEVICE, AND OPTICAL SENSING METHOD

Non-Final OA §102§103
Filed
Jun 08, 2023
Examiner
RATCLIFFE, LUKE D
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
1476 granted / 1690 resolved
+35.3% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
43 currently pending
Career history
1733
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1690 resolved cases

Office Action

§102 §103
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. Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in JP on 2022-09-16 . It is noted, however, that applicant has not filed a certified copy of the JP2022-147845 application as required by 37 CFR 1.55. 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) 1-5 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeong (KR1020200135246) . Referring to claim s 1, 9, and 14, Jeong shows a n optical sensing system (see figure 3 and 4) comprising: a three-dimensional scanner configured to measure a distance to a measurement target by scanning the measurement target with a laser light and receiving reflected light of the laser light (see figure 3 and 4 Ref 400) , and a scanning density determination circuit (see figure 3 and 4 note the transmission unit control module Ref 320) configured to dynamically determine a scanning density based on a distance to a distance measurement point or luminance of the reflected light during scanning of the three-dimensional scanner (see paragraph 45-47 note the “ repeatability adjusting unit 321 increases the repetition of the laser beam transmitted when the distance to the object becomes close, and decreases the repetition of the laser beam when the distance to the object is increased ”) so as to suppress variation in a point cloud density caused by a length of the distance to the distance measurement point (see paragraph 49 for an indication that by increasing the scan density when objects are at a far distance relative to close object obtains a more consistent point cloud resolution also see paragraph 10-11 ) . Referring to claim s 2, 10, and 15, Jeong shows wherein the scanning density determination circuit is further configured to determine the scanning density such that the distance to the distance measurement point and the scanning density have a positive correlation, or determines the scanning density such that the luminance and the scanning density have a negative correlation (see paragraph 49 for the distance correlation also see paragraph 52 for the luminance correlation). Referring to claim s 3, 11, and 16, Jeong shows he scanning density determination circuit is further configured to: determine the scanning density as a first scanning density when the distance to the distance measurement point is longer than a first distance or when the luminance is lower than a first luminance; and determine the scanning density as a second scanning density lower than the first scanning density when the distance to the distance measurement point is shorter than the first distance or when the luminance is higher than the first luminance (see paragraph 49-52) . Referring to claim s 4, 12, and 17, Jeong shows the scanning density determination circuit is further configured to determine the scanning density by referring to a scanning density determination table indicating a correspondence relationship between the distance to the distance measurement point and the scanning density or a correspondence relationship between the luminance and the scanning density (see paragraph 71-72) . Referring to claim 5, Jeong shows when the three-dimensional scanner adopts a direct time of flight (dToF) method of irradiating the measurement target with a pulsed laser light, the three-dimensional scanner increases or decreases a pulse period of the laser light with which the measurement target is irradiated based on the scanning density determined by the scanning density determination circuit (see paragraph 49) . Referring to claim 7, Jeong shows the three-dimensional scanner increases or decreases a scanning speed of the laser light with which the measurement target is irradiated based on the scanning density determined by the scanning density determination circuit (see the look up table as shown by the table in paragraph 71-72) . Referring to claim s 8, 13, and 18, Jeong shows comprising a point cloud data generation circuit configured to generate point cloud data based on the distance measured by the three-dimensional scanner (see paragraph 10-11 and 49) . 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (KR1020200135246) in view of Toyota (20230221444) . Referring to claim 6, Jeong shows the LIDAR device that is a traditional direct TOF system and fails to specifically show an FMCW system. Toyota shows a similar device that includes an FMCW LIDAR (see paragraph 88) and shows the three-dimensional scanner increases or decreases a sampling period of an intermediate frequency signal based on the scanning density determined by the scanning density determination circuit (see paragraph 89-92 note the adjustment of the resolution based on sampling period) . It would have been obvious to include the specifics of how to increase or decrease measurement resolution as shown by Toyota to allow for the consistency of a point cloud as taught by Jeong in an FMCW LIDAR system because FMCW LIDAR is commonly used in vehicle borne systems as taught by both Jeong and Toyota. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LUKE D RATCLIFFE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3110 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9:00AM-5:00PM 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, FILLIN "SPE Name?" \* MERGEFORMAT Isam Alsomiri can be reached at 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. /LUKE D RATCLIFFE/ Primary Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Jun 08, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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TRANSMIT SIGNAL DESIGN FOR AN OPTICAL DISTANCE MEASUREMENT SYSTEM
2y 5m to grant Granted Mar 31, 2026
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Patent 12585021
ADDRESSABLE PROJECTOR FOR DOT BASED DIRECT TIME OF FLIGHT DEPTH SENSING
2y 5m to grant Granted Mar 24, 2026
Patent 12578475
Processing Of Lidar Images
2y 5m to grant Granted Mar 17, 2026
Patent 12571893
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2y 5m to grant Granted Mar 10, 2026
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
87%
Grant Probability
98%
With Interview (+10.2%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1690 resolved cases by this examiner. Grant probability derived from career allow rate.

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