Prosecution Insights
Last updated: April 19, 2026
Application No. 18/272,611

DISTANCE IMAGE ACQUISITION DEVICE AND DISTANCE IMAGE ACQUISITION METHOD

Non-Final OA §103
Filed
Jul 17, 2023
Examiner
QI, ZHENGQING J
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hamamatsu Photonics K K
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3y 10m
To Grant
86%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
74 granted / 105 resolved
+18.5% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
29 currently pending
Career history
134
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
51.3%
+11.3% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 105 resolved cases

Office Action

§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 The following claimed benefit is acknowledged: The instant application, filed on 17 July 202 3 , claims foreign priority to JP Application No. 2021-031803 , filed on 01 March 2021 . Information Disclosure Statement The Information Disclosure Statements ( lDS ) submitted on 07/17/2023, 09/26/2023, 05/05/2025, and 10/07/2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered. Claim Objections Claim s 1-1 2 are objected to because of the following informalities: In claim 1, line 3, “ an object ” should perhaps read --the object --. In claim 1, line s 12-13 , “ a distance image ” should perhaps read -- the distance image--. In claim 7 , line 3, “an object” should perhaps read --the object--. In claim 7 , lines 17 , “a distance image” should perhaps read --the distance image--. Claims 2-6 and 8-12 are objected to by virtue of dependency. Appropriate correction is required. 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 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. Claims 1 -4 and 7 -10 are rejected under 35 U.S.C. 103 as being unpatentable over Kagawa (WO2016133053A1) in view of Menashe ( US20160282452A1 ) . Regarding claim 1 , Kagawa discloses a distance image acquisition apparatus (Fig. 1, system 100 as further embodied in the pixel unit of Fig. 8 and its corresponding operation detailed in Fig. 10 ) for acquiring a distance image of an object by a time-of-flight method ( ¶¶ 11 , 41 , generates a distance image of object O using TOF) , the apparatus comprising: a light source (Fig. 1, light source 2) configured to irradiate an object with a light pulse (Fig. 1, object O ; ¶ 11, object O irradiated with laser light pulse ) ; an imaging optical system (Fig. 1, lens 20) configured to input and form an image of the light pulse with which the object is irradiated from the light source and reflected by the object ( ¶ 12, receives reflected light pulse and imaging onto image sensor 3 ) ; an imaging element (Fig. 1, image sensor 3) including a plurality of pixels each including a photodiode and arrayed on a light receiving surface ( ¶ 13, pixels X ij arranged in two-dimensional matrix to constitute a square imaging area ; Fig. 8 , circuit diagram corresponding to each pixel X ij ) configured to receive the light pulse passed through the imaging optical system ( ¶¶ 13, 15 ; Fig. 1, reflected light from object O through lens 20 to image sensor 3) ; and a processor (Fig. 1, control unit 4 + calculation circuit 19 ) configured to commonl y apply, to the plurality of pixels, a control pattern ( Fig. 10 & ¶¶ 12, 19, 43 , compound control pattern P, comprising constituent pattern codes G1 and G2 , applied to each pixel X ij ) in which a first logical value ( ¶ 43, Fig. 10, code “1” in G 1) and a second logical value appear alternately in time ( ¶ 43, Fig. 10, code “1” in G 2 , appearing alternately to code “1” in G1 ) from a light pulse output timing of the light source ( ¶¶ 1 2 , 1 4 , control pattern P synchronized with timing of light source 2) , and acquire a distance image of the object based on charges generated in the photodiode of each of the plurality of pixels ( ¶¶ 20 , 41 , calculates charge amount Q from each pixel and generates a distance image of the object O) , wherein each of the plurality of pixels includes a first charge accumulation portion ( ¶¶ 38-39 , a “ first charge accumulator ” comprised in charge accumulator portion 13 of Fig. 8 ) configured to accumulate the charges generated in the photodiode in a period in which the control pattern has the first logical value ( ¶¶ 38 , 43 , charge only at a time when G 1 specifies code “1” ) , and the processor is configured to acquire, for each of the plurality of pixels, a distance to the object by a compressive sensing technique ( ¶¶ 25-27, 41, 43, 55, distance calculated for each pixel X ij based on compression sampling method ) based on an amount of charges accumulated in the first charge accumulation portion ( ¶¶ 38-41, 43, based on a plurality of charge amount Q from charge accumulator portion 13 of Fig . 8 comprising the “ first charge accumulator ” ) […] . Kagawa does not disclose employment of a plurality of control patterns , specifically, generating a distance image: “ when the control pattern is set to each of a plurality of control patterns .” However, Menashe teaches the employment of coded pattern set I for producing compressed measurements for the reconstruction of a distance image ( ¶¶ 64-79), wherein coded pattern set I is repeated applied in successive acquisition cycles to generate a plurality of updated range images ( ¶¶ 11, 40, 137). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the distance image acquisition apparatus of Kagawa such that the control pattern continuously reapplied, as taught by Menashe since such an implementation constitutes an application of a known technique to a known device ready for improvement to yield predictable results (KSR rationale D). The incorporation of a plurality of control patterns , as taught by Menashe represents a recognized solution for providing temporally refreshed depth information rather than a single static range image, thereby changes in object position or scene geometry can be tracked over time for applications like collision prevention and autonomous driving. This update represents a known improvement and would have been pursued by the skilled artisan with a reasonable expectation of success. Regarding claim 2 , Kagawa in view of Menashe teaches the distance image acquisition apparatus of claim 1, and further teaches: wherein each of the plurality of pixels includes a second charge accumulation portion ( Kagawa , ¶¶ 38-39, “ second charge accumulator ” comprised in charge accumulator portion 13 of Fig. 8) configured to accumulate the charges generated in the photodiode in a period in which the control pattern has the second logical value ( Kagawa, ¶¶ 38, 43, charge only at a time when G 2 specifies code “1”) , and the processor is configured to acquire, for each of the plurality of pixels, the distance to the object by the compressive sensing technique ( Kagawa, ¶¶ 25-27, 41, 43, 55, distance calculated for each pixel X ij based on compression sampling method ) based on the amount of charges accumulated in the first charge accumulation portion and an amount of charges accumulated in the second charge accumulation portion ( Kagawa, ¶¶ 38-41, 43, based on a plurality of charge amount Q from charge accumulator portion 13 of Fig. 8, comprising the first and second charge accumulators) when the control pattern is set to each of the plurality of control patterns ( Kagawa, Fig. 10 & ¶ 43, compound control pattern P , reapplied a plurality of times to yield a plurality of distance images, as previously combined in view of Menashe ) . Regarding claim 3 , Kagawa in view of Menashe teaches the distance image acquisition apparatus of claim 1, and further teaches: wherein the processor is configured to commonly apply, to the plurality of pixels, the control pattern ( Kagawa, ¶ 43, control pattern of Fig. 10 applied to each pixel X ij ) in which a length of a period of each of the first logical value and the second logical value ( Kagawa, Fig. 10, time indices 4 through 6 of G1 and G2, corresponding to “1 0 0” and “0 0 1” respectively) is an integer multiple of a unit time ( Kagawa, Fig. 10, “1” of G1 and G2 correspond to a single unit of time in P1 and P2 for charge accumulation; ¶¶ 39, 43 ) . Regarding claim 4 , Kagawa in view of Menashe teaches the distance image acquisition apparatus of claim 3 , and further teaches: wherein the processor is configured to commonly apply, to the plurality of pixels, the control pattern in which the unit time after a lapse of a predetermined period ( Kagawa, Fig. 10, “1” corresponding to the unit of time during time index 1 of G1 and G2, corresponding to “1” and “0” , corresponding to a predetermined period ) is longer than the unit time in the predetermined period ( Kagawa, Fig. 10, “1 1 ” corresponding to the longer unit of time during time indies 2 through 3 of G1 and G2, corresponding to “1 1 ” and “ 0 0” respectively, after lapse of time index 1) from the light pulse output timing of the light source ( Kagawa, ¶¶ 12, 14, synchronized with light source timing ) . Claim s 7-10 are method s corresponding to the apparatus of claim s 1-4, respectively . Accordingly, claim s 7-10 are rejected on the same grounds and in view of the same prior art as claim s 1-4 . Claims 5 -6 and 11 -12 are rejected under 35 U.S.C. 103 as being unpatentable over Kagawa in view of Menashe further in view of Kasuga (“ A Time-of-Flight CMOS Range Image Sensor Using 4-Tap Output Pixels with Lateral-Electric-Field Control ,” published 2016) . Regarding claim 5 , Kagawa in view of Menashe teaches the distance image acquisition apparatus of claim 3. Kagawa in view of Menashe does not teach: wherein the light source is configured to irradiate the object with the light pulse having a pulse width longer than the unit time . However, Kasuga teaches a “ light pulse width must be equal to or wider than that of the gating pulses ” in p. 4, col. 1, § Experimental Results. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the distance image acquisition apparatus of Kagawa in view of Menashe with the teachings of Kasuga, since known work in one field of endeavor may prompt variations in design in either the same field or a different field based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art (KSR Rationale F). A n artisan skilled in optical measurement systems would have recognized that adopting a longer pulse width as taught by Kasuga would confer the advantages of increas ed charge collection per measurement, thereby yielding a system with greater detectability , higher signal-to-noise, and improved ranging performance. This update represents a known improvement and would have been pursued by the skilled artisan with a reasonable expectation of success. Regarding claim 6 , Kagawa in view of Menashe teaches the distance image acquisition apparatus of claim 1 , and further teaches: […] acquiring, for each of the plurality of pixels, the distance to the object by the compressive sensing technique (Kagawa, ¶¶ 25-27, 41, 43, 55, distance calculated for each pixel X ij based on compression sampling method ). Kagawa in view of Menashe , as currently combined , does not teach: “ the processor is configured to perform correction based on an intensity of background light when ” [acquiring distance to the object for each pixel]. However, Kasuga teaches the measurement of background light intensity and its subtraction from the signal-bearing accumulated charge in each pixel (p. 2, col. 2 , § Operation principles ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the distance image acquisition apparatus of Kagawa in view of Menashe with the teachings of Kasuga with a reasonable expectation for success in order to reducing unwanted background contributions, thereby yielding a system with greater measurement accuracy and reliability ( Kasuga , p. 1, col. 1, § Introduction). Claims 11 - 12 are method s corresponding to the apparatus of claim s 5 - 6 , respectively . Accordingly, claim s 11 - 12 are rejected on the same grounds and in view of the same prior art as claim s 5 - 6 . 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: Mase ( US20170234983A1 ) which discloses time-of-flight distance imaging architecture employing an imaging sensor with per-pixel charge accumulation controlled by alternating timing singals and distance determination from accumulated charges. Genov (US20220239822A 1 ) which discloses multi-tap pixels for time -of-flight imaging employing timed control codes for pixel charge accumulation and distance image reconstruction. Fujii ( US20170003168A1 ) which discloses a time-resolved imaging system which accumulates signal charge for different distance ranges and uses compressed sensing for downstream image reconstruction . Li (US20200120299A1) which discloses a time-of-flight imaging system employing compressive sensing on reflected-light measurements for depth imaging reconstruction. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ZHENGQING QI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT 571-272-1078 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT YUQING XIAO can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 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
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Prosecution Timeline

Jul 17, 2023
Application Filed
Jul 17, 2023
Response after Non-Final Action
Mar 21, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
86%
With Interview (+15.9%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 105 resolved cases by this examiner. Grant probability derived from career allow rate.

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