Prosecution Insights
Last updated: July 17, 2026
Application No. 18/215,424

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

Final Rejection §102
Filed
Jun 28, 2023
Priority
Jul 06, 2022 — JP 2022-109031
Examiner
QI, ZHENGQING J
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
NEC Corporation
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
9m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
77 granted / 112 resolved
+16.8% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
32 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
83.3%
+43.3% vs TC avg
§102
1.9%
-38.1% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 112 resolved cases

Office Action

§102
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Response to Amendment Applicant’s amendment filed 17 June 2026 has been entered. Claims 1, 3-5 and 7 are currently pending. Claims 2 and 6 are cancelled. Independent claims 1 and 7 have been amended to incorporate subject matter corresponding to original claim 2, and to further recite newly presented limitation that first and second center regions “meet at center of the center portion.” Applicant’s arguments have been fully considered but are not persuasive. Applicant’s assertion that Campbell fails to teach or disclose the amended limitations of claims 1 and 7 is conclusory, as applicant merely identifies the amended claim language without specifically pointing out how that language distinguishes over the cited teachings of Campbell or how the amendments avoid the reference. As set forth below, Campbell discloses the disputed limitations, and the rejection under 35 U.S.C. § 102 is maintained. Claim Rejections - 35 USC § 102 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 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, 3-5 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Campbell (US 20190107623 A1). Regarding claim 1, Campbell discloses an optical sensing device (Fig. 1, lidar system 100, employing the scan profile of Fig. 19; ¶¶ 31, 44, 138, 145) comprising: a control circuit (Fig. 1, controller 150) configured to rotate a light irradiation circuit (Fig. 1, scanner 120; ¶¶ 31, 44) configured to irradiate an irradiation target being at least a part of a target (Fig. 1, target 130) with laser light (Fig. 1, beam 125), and thus move an incident position of the laser light on the irradiation target in a reciprocating manner between one end portion and another end portion of the irradiation target (Fig. 19, scan profile 500 corresponding to scan angle covering Θmax to Θmin then reciprocating back to scan angle Θmax via retrace 400; ¶ 145), via a center portion positioned between the one end portion and the another end portion of the irradiation target (Fig. 19, scan angle covering Θ2 to Θmin corresponding to a center portion, positioned between Θmax to Θmin); an acquisition circuit (Fig. 1, controller 150) configured to acquire information relating to reflected light associated with the incident position, based on the reflected light of the laser light from the irradiation target (¶ 33, determine distance based on acquired electrical signal 145 measured from reflected light 135 of target 130); and a generation circuit configured to generate point cloud data relating to the irradiation target, based on the information relating to the reflected light (¶¶ 48, 63, point cloud generated based on collection of distance values, where each target distance previously determined by controller 150; ¶¶ 33, 47), wherein, when the incident position moves from the one end portion or the another end portion to the center portion of the irradiation target (Fig. 19, scan angle rotating from Θmax towards Θ2), the control circuit reduces a speed at which the light irradiation circuit is rotated (Fig. 19, reduction in rotation speed from ω2 to ω1), the center portion of the irradiation target (Fig. 19, scan angle covering Θ2 to Θmin) includes a first center region (Fig. 19, scan angle covering Θ2 to Θ1) and a second center region (Fig. 19, scan angle covering Θ1 to Θmin) that meet at center of the center portion (Fig. 19, Θ1), and when the incident position on which the laser light is incident moves between the first center region and the second center region, the control circuit increases a speed at which the light irradiation circuit is rotated (Fig. 19, increase in rotation speed from ω1 to ω2 when moving from first center region covering Θ2 to Θ1 into second center region covering Θ1 to Θmin). Regarding claim 3, Campbell discloses the optical sensing device of claim 1, and further discloses: wherein the light irradiation circuit performs irradiation with the laser light at a constant time interval (Fig. 19, τscan; ¶ 132, τscan comprising τy + τretrace). Regarding claim 4, Campbell discloses the optical sensing device of claim 1, and further discloses: wherein the control circuit rotates the light irradiation circuit in such a way that the incident position on which the laser light is incident moves along a longitudinal direction of the target (¶ 98 & Fig. 19, scan profile moves along vertical orientation Θy of the target, understood as a longitudinal direction; furthermore, ¶¶ 96, 127-128 discloses interchangeability of scan profile along vertical orientation Θy with horizontal orientation Θx; see Fig. 11/Fig. 14 and Fig. 12/Fig. 15). Regarding claim 5, Campbell discloses the optical sensing device of claim 4, and further discloses: wherein the target is a railway line (¶ 50, railroad). Regarding claim 7, Campbell discloses an optical sensing method (Fig. 1, lidar system 100, employing the scan profile of Fig. 19; ¶¶ 31, 44, 138, 145) comprising: rotating a light irradiation circuit (Fig. 1, scanner 120; ¶¶ 31, 44) configured to irradiate an irradiation target being at least a part of a target (Fig. 1, target 130) with laser light (Fig. 1, beam 125), and thus moving an incident position of the laser light on the irradiation target in a reciprocating manner between one end portion and another end portion of the irradiation target (Fig. 19, scan profile 500 corresponding to scan angle covering Θmax to Θmin then reciprocating back to scan angle Θmax via retrace 400; ¶ 145), via a center portion positioned between the one end portion and the another end portion of the irradiation target (Fig. 19, scan angle covering Θ2 to Θmin corresponding to a center portion, positioned between Θmax to Θmin); reducing a speed at which the light irradiation circuit is rotated when the incident position moves from the one end portion or the another end portion to the center portion of the irradiation target (Fig. 19, reduction in rotation speed from ω2 to ω1 corresponding to scan angle rotating from Θmax towards Θ2); acquiring information relating to reflected light associated with the incident position, based on the reflected light of the laser light from the irradiation target (¶ 33, determine distance based on acquired electrical signal 145 measured from reflected light 135 of target 130); and generating point cloud data relating to the irradiation target, based on the information relating to the reflected light (¶¶ 48, 63, point cloud generated based on collection of distance values, where each target distance previously determined by controller 150; ¶¶ 33, 47), the center portion of the irradiation target (Fig. 19, scan angle covering Θ2 to Θmin) includes a first center region (Fig. 19, scan angle covering Θ2 to Θ1) and a second center region (Fig. 19, scan angle covering Θ1 to Θmin) that meet at center of the center portion (Fig. 19, Θ1), and when the incident position on which the laser light is incident moves between the first center region and the second center region, the control circuit increases a speed at which the light irradiation circuit is rotated (Fig. 19, increase in rotation speed from ω1 to ω2 when moving from first center region covering Θ2 to Θ1 into second center region covering Θ1 to Θmin). Conclusion Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include: Li (US 20220373655 A1) which discloses a lidar scanner using control circuitry to vary galvanometer mirror scan speed across regions while transmitting laser light, receiving reflected light, and generating point cloud data. Hughes (US 20190310351 A1) which discloses a lidar optical sensing system that emits laser light, scans a target region using controllable rotating mirrors, detects reflected light to determine distance, and generates point cloud data, with controller based adjustment of mirror rotation speed including slowing near the center of a scan line. Zhang (US 20190383911 A1) which discloses a lidar system that steers laser light using controlled mirror and polygon rotation, detects reflected light to create point cloud data, and varies scan speed by slowing mirror movement for dense regions and increasing speed for sparse regions. 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 extension fee 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 ZHENGQING QI whose telephone number is 571-272-1078. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM ET. 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, YUQING XIAO can be reached on 571-270-3603. 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. /ZHENGQING QI/Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Jun 28, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection mailed — §102
Jun 17, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
69%
Grant Probability
80%
With Interview (+11.0%)
3y 10m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 112 resolved cases by this examiner. Grant probability derived from career allowance rate.

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