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.
Response to Amendment
Claims 1-2, 4-15, and 17-20 are currently pending.
Independent claim(s) 1 and 20 and dependent claims 2, 4-15 and 17-19 have been amended by applicant’s amendments received 06 July 2026. No new matter has been introduced.
Claims 3 and 16 have been canceled, and therefore the prior rejections is/are moot.
Prior rejections of claim 8 under USC § 112(b) have been overcome by amendment and are therefore withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks pg. 12-14, filed 06 July 2026, with respect to the rejection(s) of claim(s) 1-4, 16-17 and 20 under 35 U.S.C. 102(a)(1) and (a)(2) have been fully considered but are not persuasive. While the amendments overcome the previously cited rejection, upon further consideration of the amendments filed an updated ground(s) of rejection is made in view of a different interpretation of the previously applied reference, Kobayashi, US 20190068908 A1. Applicant’s arguments are directed to the SPAD pixel of Kobayashi not anticipating the amendments which require a SPAD to commonly output both time of flight (TOF) and viewing data. While the examiner agrees that the previously cited application of the entire SPAD pixel array to simultaneously output signals in both an imaging and a ranging scheme does not read on this newly amended limitation, the claims as currently presented are still anticipated by Kobayashi. Considering the “viewing data” of claim 1 is not further limited, the Broadest Reasonable Interpretation is given to ‘viewing data’ based on the instant application’s specification (such as in [0034]), where the ‘viewing data’ may be a count value for incident photon events. In light of this BRI, Kobayashi anticipates a system which has SPAD pixels which output both event counts (from counter (114)) and TOF data (from LPF (119)) to a processing unit which processes both, and further determines the range of an object. This is further supported by other TOF systems/ LIDAR such as in teaching reference Gnecchi (US 20210092275 A1, [0026]), which teaches that a pixel such as taught by Kobayashi can, and will, output both count values and TOF values.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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) 1-2, 4, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kobayashi ( US 20190068908 A1).
Regarding claims 1 and 20, Kobayashi anticipates a distance measuring sensor and a distance measuring system, respectively, comprising:
a single photon avalanche diode (SPAD) pixel that includes a SPAD as a photoelectric conversion element, wherein the SPAD pixel is configured to output a pixel signal ([0028] - [0031]; Fig. 1 sensor (100) is made up of a pixel array (130), where individual pixels (110) include a SPAD (111) which outputs a signal based on detected incident photons);
a time-of-flight (ToF) data processing unit configured to: generate distance measurement data, by a ToF method, based on the pixel signal output from the SPAD pixel; and output the distance measurement data ([0028], 0030] - [0031], [0038] - [0040], [0065] - [0067]; Figs 1, 3B, where pixel may consist of a low pass filter LPF (119), comparator (120), transfer switch (121), readout switch (122), latch circuit (123), delay unit (124) and a timing generator (102), where the pixel outputs data which may include time-of-flight (TOF) signals from the LPF, and outputs to a signal processing unit (402) which may determine distances to objects based on the ToF signals);
and a viewing data processing unit configured to: generate viewing data based on the pixel signal output from the SPAD pixel; ([0041], [0051] - [0058]; where the pixel includes counter (114) which collects and outputs pulse count values to signal processing unit (420));
and output the viewing data, wherein
the TOF data processing unit and the viewing data processing unit are configured to utilize the SPAD pixel in common, to concurrently generate the distance measurement data and the viewing data respectively ([0032] - [0035], [0041], [0051] - [0058], where both pulse counts and TOF data are output from the same SPAD pixel, which generates a count of SPAD responses as intensity data as well as TOF data which may be further used to determine object distances),
wherein the distance measuring system of claim 20 further comprises:
a light emitting unit configured to emit irradiation light ([0034], [0038]; Figs. 4A-4C emitter (409)); and
a distance measuring sensor configured to receive reflected light in which the irradiation light is reflected by an object.
Regarding claim 2, Kobayashi anticipates the distance measuring sensor according to claim 1, wherein
the viewing data processing unit is further configured to count a number of times the SPAD has reacted within a specific measurement period ([0032] - [0035]; Fig. 1 counter (114) counts number of SPAD responses above a given threshold value during specific predetermined periods).
Regarding claim 4, Kobayashi anticipates the distance measuring sensor according to claim 1, further comprising
an output unit configured to output the at least one of the distance measurement data from the ToF data processing unit or the viewing data from the viewing data processing unit, based on a measurement mode ([0049] - [0051]; Figs. 2, 4A-4C, where outputs from pixels are transferred via output lines to signal processing unit (402), and where use in a ranging mode or an imaging mode may further inform the collected and output signals).
Regarding claim 17, Kobayashi anticipates the distance measuring sensor according to claim 1, wherein
a plurality of SPAD pixels is in a matrix ([0028] - [0030], [0078]; Figs. 1, 5, array (130) of pixels), the plurality of SPAD pixels includes the SPAD pixel ([0028] - [0031]);
and each SPAD pixel of the plurality of SPAD pixels includes one of a red color filter layer, a green color filter layer, or a blue color filter layer ([0078]; Fig. 5, where individual pixels within array (130) may include differing color filters).
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) 5-7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 20190068908 A1), as applied to Claim 1 above, and further in view of Yin (US 20200174105 A1).
Regarding claim 5, Kobayashi teaches the distance measuring sensor according to claim 1, but does not teach a processing unit which includes both direct and indirect Time of Flight (ToF) processors.
Yin teaches a distance measuring sensor and system where the ToF data processing unit includes a direct ToF (dToF) data processing unit configured to generate the distance measurement data by a dToF method,
and an indirect ToF (iToF) data processing unit configured to generate the distance measurement data by an iToF method ([0013], [0043] - [0050]; Fig. 6 shows method (600) which describes operating in both a first mode (606) which may be direct time of flight (DTOF) and a second mode (610) which may be an indirect time of flight (ITOF) mode using a single SPAD array).
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 Kobayashi to incorporate the teachings of Yin to have a system which can operate in both direct and indirect TOF methods with a reasonable expectation of success. As Yin teaches, a single SPAD or an array of SPADs are usable for high resolution ToF measurements, and use of both methods (direct and indirect) in a hybrid manor leads to a highly dynamic range for the system ([0001], [0016]).
Regarding claim 6, Kobayashi as modified above teaches the distance measuring sensor according to claim 5, but does not teach an output unit that outputs any one of the distance measurement data.
Yin teaches a distance measuring sensor and system where an output unit configured to output at least one of the distance measurement data from the dToF data processing unit, the distance measurement data from the iToF data processing unit, or the viewing data from the viewing data processing unit, based on a measurement mode ([0023], [0043] - [0050]; Figs. 3A, 6 outputs of a first mode (606) which may be direct time of flight (DTOF) and/or a second mode (610) which may be an indirect time of flight (ITOF) mode using a single SPAD array are controlled by logical control unit (110) for determining distance and mode).
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 Kobayashi to incorporate the teachings of Yin to have a system which can operate in both direct and indirect TOF methods and output any number of distance measurement data with a reasonable expectation of success. As Yin teaches, a single SPAD or an array of SPADs are usable for high resolution ToF measurements, and use of both methods (direct and indirect) in a hybrid manor leads to a highly dynamic range for the system ([0001], [0016]).
Regarding claim 7, Kobayashi as modified above teaches the distance measuring sensor according to claim 5, wherein
the iToF data processing unit is further configured to count a number of times the SPAD has reacted in a first period having a same phase as a light emission timing of irradiation light, and a number of times the SPAD has reacted in a second period, and the second period has a phase inverted relative to the light emission timing of the irradiation light ([0040], [0142], [0153] – [0156]; where the TDC output depends on the High/low state of the clock signals, and will indicate which phase aligns with the signal based on the phase channel output as the two phases represent signals 180 degrees out of phase).
Regarding claim 15, Kobayashi as modified above teaches the distance measuring sensor according to claim 5, wherein
a latch circuit configured to latch a count value of n bits (n > 1) at a first frequency based on the pixel signal of one bit output from the SPAD pixel;
and a low sampling circuit configured to output a number of cycles and the count value in a case where the pixel signal becomes High at a second frequency, wherein the second frequency is lower than the first frequency ([0035], [0043] - [0045]; where each pixel includes SR latch (123) and readout switches (122) from n individual pixels are read out multiple times at a given rate and held in column memory (103), which eventually is readout less frequently by delay circuit (124) and utilized for calculation) .
Claim(s) 8, and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi ( US 20190068908 A1) in view of Yin (US 20200174105 A1), as applied to Claim 5 above, and further in view of Moore (US 20190230304 A1).
Regarding claim 8, Kobayashi as modified above teaches the distance measuring sensor according to claim 5, but is silent on the specific frequencies in which a sampling circuit operates at to sample and output.
Moore teaches a sampling circuit that configured to: sample the pixel signal of one bit output from the SPAD pixel at a first frequency; and output an n-bit (n>1) sampling result at a second frequency, wherein the second frequency is lower than the first frequency ([0047]; where a sampling clock (CLK_sample) is operated at a first frequency f1, while the n-bit output (212) is readout at a second frequency f2, where f1 is greater than f2 by an integer amount).
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 further modify Kobayashi and Yin to incorporate the teachings of Moore to have a system which samples the pixel signals at a higher frequency than the system outputs with a reasonable expectation of success. Moore teaches that some systems which change a frequency of switching or sampling can lead to power consumption reduction ([0055]), and as such use in the system of Kobayashi would have a predictable result of also reducing, or minimizing, power consumption during normal operations.
Regarding claim 10, Kobayashi as modified above teaches the distance measuring sensor according to claim 8, but is silent on the inclusion of a first and second latch circuits.
Yin teaches a sampling circuit includes n first latch circuits configured to latch the pixel signal of the one bit output from the SPAD pixel at the second frequency; and a second latch circuit configured to latch outputs of the n first latch circuits at the second frequency to output the n-bit (n > 1) sampling result ([0017], [0023] - [0025], [0063] - [0067]; Figs. 3A, 8, where four one bit first latch circuits (314-1 to 314-4) output signals from SPADs via inverters 310-1 to 310-4, and a second counter circuit (316-1 to 316-4) to output n-bit signals such as 2 or 4 bit signals).
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 further modify Kobayashi to incorporate the teachings of Yin to incorporate a system with two latch circuits, where the first is n-one bit outputs and the second outputs an n-bit result with a reasonable expectation of success. To one of ordinary skill in the art at the time of filing, it would be understood that outputs from a circuit that has n-one bit components can readily be collected as an n-bit output. Kobayashi notes that the counters which collect the data from the other components may have differing bit-widths (such as 16) and would output the number of single inputs collected ([0032]), and such inclusion of the two circuits of Yin would have a predictable result of inputting n-one bit signals to be collected and then output as an n-bit signal.
Regarding claim 11, Kobayashi as modified above teaches the distance measuring sensor according to claim 8, but is silent on the creation of histograms from the sampling results.
Moore teaches a sampling circuit where the dToF data processing unit is further configured to generate a histogram based on the n-bit sampling result ([0032]; Fig. 1B).
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 Kobayashi to incorporate the teachings of Moore to have a system forms a histogram from the sampled data with a reasonable expectation of success. Histogram formation is well known in the art of ToF cameras and ranging systems, and as Moore notes several ways that histograms may be formed and used in these types of systems ([0030] – [0033]).
Regarding claim 12, Kobayashi as modified above teaches the distance measuring sensor according to claim 8, wherein
the dToF data processing unit is further configured to generate a histogram based on to a number of cycles until the n-bit (n > 1) sampling result becomes High ([0149] - [0151]; where readout occurs until a row is read at High) .
Regarding claim 13, Kobayashi as modified above teaches the distance measuring sensor according to claim 10, wherein
the iToF data processing unit is further configured to determine whether the SPAD has reacted in a first period having a same phase as a light emission timing of irradiation light or the SPAD has reacted in a second period based on whether a first one of the n first latch circuits becomes High first or a second one of the n first latch circuits becomes High first, and the second period has a phase that is inverted relative to the light emission timing of the irradiation light ([0040]; where the TDC output depends on the High/low state of the clock signals, and will indicate which phase aligns with the signal based on the phase channel output).
Regarding claim 14, Kobayashi as modified above teaches the distance measuring sensor according to claim 10, wherein
the viewing data processing unit is further configured to count a number of times of becoming High in one of the n first latch circuits ([0032], [0035] - [0038]; Fig. 1, where counter (114) counts the number of 'High' outputs from SPAD (111) after inverter (113)).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi ( 20190068908 A1), in view of Yin ( US 20200174105 A1) and Moore ( Moore, US 20190230304 A1), as applied to Claim 8 above, and further in view of Yang (US 20210018623 A1).
Regarding claim 9, Kobayashi as modified above teaches the distance measuring sensor of claim 8, but is silent on specifying emission pulse intervals with respect to sampling or output intervals.
Yang teaches a ToF system which includes a sampling interval at which the pixel signal is sampled at the first frequency is in a dToF measurement mode ([0048] - [0054]; Figs. 4, 5, where sampling interval (
t
s
) relates to sample control signal (SC) as direct outputs of pixel response),
a light emission interval of irradiation light in an iToF measurement mode is a multiple of the sampling interval of the first frequency ([0048] - [0054]; Figs. 4, 5, where laser pulse emission (PE1-PE3) timing may be a multiple of the sampling duration (SC)),
and an output interval at which the n-bit (n > 1) sampling result is output at the second frequency is same as or a multiple of the light emission interval of the irradiation light in the iToF measurement mode ([0048] - [0054]; Figs. 4, 5, where the sampling period (TN1) may be the same as pulse emission (PE1), and is a lower frequency than the sampling interval (
t
s
), for example by a factor of 4, 8, or 16, and is representative of the number of phase differences measured for a phase-based, or indirect, measurement).
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 further modify Kobayashi, Yin and Moore to incorporate the teachings of Yang to set specific relationships between an emission frequency, a sampling frequency, and a readout frequency with a reasonable expectation of success. Yang notes that by using pulses and sampling in specific ratios, and when combined with processing and analysis, the system can both determine phase information (for iToF purposes) and mimic a dToF system, which allows for good measurement quality ([0052] – [0053]).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi ( US 20190068908 A1), as applied to Claim 1 above, and further in view of Mautner ( US 20190361404 A1).
Regarding claim 18, Kobayashi teaches the distance measuring sensor according to claim 1, but does not teach histogram generation of the ToF data, which includes a count mask.
Mautner teaches a time-to-digital converter (TDC) for use in ToF cameras, where the ToF data processing unit is further configured to: generate a histogram based on the pixel signal output from the SPAD pixel, ([0010] - [0011], [0043]; Fig. 2) and generate a count mask signal indicating a peak period of the histogram,
and the viewing data processing unit is further configured to: stop counting photons for a specific period based on the count mask signal, and generate the viewing data based on the stop of the counting photons. ([0044] - [0047]; Fig. 2, where a measurement interval (TM) includes both ranges including peak (HR) and non-covered area (NC) and where counts are not included for NC portion of histogram collection period).
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 Kobayashi to incorporate the teachings of Mautner to have a system which uses distance measurement data to form a histogram, where certain portions of the histogram are masked from further accumulation with a reasonable expectation of success. Histogram formation is well known in the art of ToF cameras and ranging systems. Mautner teaches that a masking, or determined measurement interval, may coincide with the measurement range of the system ([0007]) and use of a mask, or predetermined period of non-data collection, would lead to a predictable result of limiting oversaturation or taking excessing data outside a known measurement range.
Regarding claim 19, Kobayashi teaches the distance measuring sensor according to claim 1, but does not teach histogram generation of the ToF data, which includes determining a peak section and adding data of other than the peak section.
Mautner teaches a time-to-digital converter (TDC) for use in ToF cameras, where a histogram generation circuit is configured to generate a histogram based on the pixel signal output from the SPAD pixel ([0040] - [0043]; Fig. 1, histogram block (HIST)),
wherein the ToF data processing unit is further configured to generate a peak section signal, indicating a peak section of the histogram, based on the ([0010] - [0011], [0043]; Fig. 2),
and the viewing data processing unit is further configured to: add data of sections other than the peak section based on the peak section signal and generates the viewing data based on the addition of the data ([0059] - [0064]; where system may add, subtract modify or adjust histogram(s) based on calibration values of other SPAD arrays, other histograms, or background values before output).
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 Kobayashi to incorporate the teachings of Mautner to have a system which uses distance measurement data to form a histogram, where certain portions of the histogram are masked from further accumulation with a reasonable expectation of success. Histogram formation is well known in the art of ToF cameras and ranging systems. Mautner teaches that additional data from outside the peak interval may be added, subtracted or further modified based on a need for calibration of one or more histograms ([0059] – [0064]), and use in the system of Kobayashi would have a predictable result of further being able to calibrate the collected ToF data, such as removing background values.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Calder et al. (US 20200217965 A1) teaches a LIDAR system which includes a detector array, such as an array of SPADs, where the readout circuitry of the array is directed to both accumulate count values from a counter circuit as well as timestamp integration circuits.
Baker (US 20050041128 A1) teaches a per-column one-bit to N bit converter for an image sensor, where a counter within a circuit gathers N one-bit inputs and then outputs N-bits of data for use within a digital pixel data representation.
Wang (US 20190170864 A1) teaches a time-resolving sensor including a SPAD and logic circuit which are utilized within a ranging system and utilizes latch components within the circuitry.
Deane (US 20150285625 A1) teaches an apparatus and method for determining distance to an object, where logic circuitry and a latch circuit within the image sensor is used to determine firing of a SPAD to determine detection of reflected light signals.
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.
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/K.M.R./Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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