Prosecution Insights
Last updated: October 23, 2026
Application No. 18/285,181

OPTICAL PROXIMITY SENSOR

Final Rejection §103§112
Filed
Sep 29, 2023
Priority
Mar 31, 2021 — DE 10 2021 108 275.7 +1 more
Examiner
BAGHDASARYAN, HOVHANNES
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ams-osram AG
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
785 granted / 1015 resolved
+25.3% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
54 currently pending
Career history
1095
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
14.3%
-25.7% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1015 resolved cases

Office Action

§103 §112
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 . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Limitation “by an integration of an output signal of the photodiode in a first phase when the light source is turned off and in a second phase when the light source is turned on” is unclear . Do first face data integrated with second phase data or obtained two sets of data such as first phase integrated data and second phase integrated data. 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) 1 and claims bellow are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20160079447 A1 in view of D2 US 20230018095 A1 further in view of D01 US 20150236751 A1 or D02 US 20150304638 A1. Regarding claim 1 D1 teaches 1. (Currently Amended) An optical proximity sensor, comprising: - a photodiode;(fig. 1 (11)) - a light source configured to emit light; (fig. 1 (50)) - a measurement circuit coupled to the photodiode, the measurement circuit configured to measure light received by the photodiode by an integration of an output signal of the photodiode in a first phase when the light source is turned off and in a second phase when the light source is turned [0006,0030] configured to determine the difference between the light measured in the first and second phases, (fig. 2a). but does not teach while D2 teaches when the light source is turned off and in a second phase when the light source is turned on by an integration of an output signal of the photodiode [0006, 0060, 0112] It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D2 in order to switch on ranging when for example human is present in the environment and tracking of human is required. Although D1 does not explicitly teach wherein a time of integration in the first phase is longer than a time of integration in the second phase D01/D02 teaches that in order to better estimate background noise predefection time need to be longer for weaker signals[0008] /[0016,0021] And therefore It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D01/D02 in order to achieve better noise estimate and allow separation of the weaker signals. 2. (Currently Amended) The optical proximity sensor of claim 1, wherein the first phase comprises at least a first sub-phase and a second sub-phase performed consecutively. (Fig. 2a) 3. (Currently Amended) The optical proximity sensor of claim 2, wherein the measurement circuit comprises an integrator(21) coupled to the photodiode, a sum and hold circuit31() coupled downstream the integrator(21)(fig. 1) and a capacitor arrangement(35) disposed between the integrator and the sum and hold circuit, wherein the capacitor arrangement comprises Although D1 does not teach at least a first and a second capacitor wherein selectively one of the first and second capacitors is operatively connected between an output of the integrator and an input of the sum and hold circuit during the first phase and a parallel connection of the first and second capacitors is operatively connected between the output of the integrator and the input of the sum and hold circuit during the second phase. Using plurality capacitors is operatively connected between an output of the integrator and an input of the sum and hold circuit during the first phase and a parallel connection of the first and second capacitors is operatively connected between the output of the integrator and the input of the sum and hold circuit during the second phase Is just matter of obvious modification in order to provide system which has larger capacitance and hance accumulate more charge. Or instead of one large capacitor one can use multiple small capacitors. Although D1 does not teach 4. (Currently Amended) The optical proximity sensor of claim 3, wherein the first capacitor is operatively connected between the output of the integrator and the input of the sum and hold circuit during the first sub-phase and the second capacitor (CS2) is operatively connected between the output of the integrator and the input of the sum and hold circuit during the second sub-phase . 8. (Currently Amended) The optical proximity sensor of claim 3, wherein the capacitor arrangement comprises at least four capacitors disposed between the output of the integrator and the input of the sum and hold circuit , wherein the first phase comprises at least four sub-phases performed consecutively and a single one of the at least four capacitors is associated to one of the at least four sub-phases and a parallel connection of the at least four capacitors is associated to the second phase . 9. (Currently Amended) The optical proximity sensor of claim 8, wherein the each one of the at least four capacitors has the same capacitance. (simple modification to use instead of one large capacitor plurality parallel capacitors then the total capacitance will be sum of all capacitances and as we have two measurements one can use two sets of parallel connected capacitors for two different measurements ) D1 explicitly teaches that 35 is a storage capacitor and hence using two storage capacitors 35 for two different measurements or if number of measurements more that 4 is the obvious modification. And using multiple capacitors instead of one to accumulate full charge of the single measurement is obvious modification choice and can be considered replacing single large capacitor with multiple small capacitors connected in parallel . It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 in order to store two different measurements in two different storages which can comprise of multiple capacitors. 10. (Currently Amended) The optical proximity sensor of claim 3, wherein the sum and hold circuit comprises an amplifier connected downstream the capacitor arrangement [0023], at least one capacitor connected between an input and an output of the amplifier and a switch connected parallel to the capacitor, (fig. 1 amplifier 32 35 is downstream capacitor , capacitor between input and output is just within the structure of the amplifier. ) the sum and hold circuit configured to generate an output signal representing the difference between the charge stored in the capacitors of the capacitor arrangement at the end of the first phase and the charge stored in the capacitors of the capacitor arrangement at the end of the second phase . [0058] D1 does not explicitly teach at least one capacitor connected between an input and an output of the amplifier and a switch connected parallel to the capacitor but one of ordinary skills in the art would recognize that electrical Amplifier include capacitors in the structure. 11. (Currently Amended) The optical proximity sensor of claim 3, wherein the integrator is configured to generate an output signal at the output of the integrator comprising a useful signal portion and a noise portion, wherein the capacitor arrangement is configured to average the noise portions provided by the integrator during the first and second sub-phases(fig. 2A ambient light only and led+ ambient light) 12. (Currently Amended) The optical proximity sensor of claim 3, further comprising an analog-to-digital converter (40) disposed downstream the sum and hold circuit to generate a digital code representative of the difference of light received during the first and the second phases ( D1 fig. 1) 13. (Currently Amended) The optical proximity sensor of claim 1, the measurement circuitcomprising: - an integrator configured to generate a first signal representing the amount of light received by the photodiode during the first phase and to generate a second signal representing the amount of light received by the photodiode during the second phase ,(fig. 2A) Although D1 does not teach the measurement circuit configured to normalize the first signal by the ratio of the lengths of the first phase and the second phase; and - a sum and hold circuit configured to generate the difference between the normalized first signal and the second signal. D1 explicitly teaches that ambient light only regime correspond to noise and light + ambient light correspond to signal to noise. It is clear that if Periods TA and Tb are not equal to each other the noise level in TB will be higher than TA with direct proportionality as TB/TA and hence normalization to that quantity before subtraction is common sense in order to equalize the background levels. 14. (Currently AmendedOriginal) The optical proximity sensor of claim 13, wherein the integrator comprises an integration capacitor connected between an input and an output of the integrator, wherein the capacitance of the integration capacitor is increased by the by the ratio of the lengths of the first phase and the second phase. (D1 fig. 1 24 variable capacitor) Claim(s) 15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20160079447 A1 in view of D2 US 20230018095 A1 further in view of D3 US 20090181719 A1. Regarding claims 15, 16 D1 teaches - the optical proximity sensor(100)according to claim l(fig. 1 ) But does not teach while D3 teaches 15. (Currently Amended) A mobile communication device, comprising: -a display;[0011] 16. (Currently Amended) The mobile communication device of claim 15, wherein the brightness of the display is controlled in dependence on the level of proximity(D)determined by the optical proximity sensor.[0011] It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D3 in order to notify user apparatus is ready state[0048] Allowable Subject Matter Claims 5-7 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. It is not obvious why two switches around capacitor are required. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOVHANNES BAGHDASARYAN whose telephone number is (571)272-7845. The examiner can normally be reached Mon-Fri 7am - 5 pm. 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 at (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. /HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Sep 29, 2023
Application Filed
Sep 29, 2023
Response after Non-Final Action
Jun 09, 2026
Non-Final Rejection mailed — §103, §112
Sep 09, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12768958
Systems and Methods for High Precision Direct Time-of-Flight Lidar in the Presence of Strong Pile-Up
3y 9m to grant Granted Oct 20, 2026
Patent 12768990
DUAL-OPTICAL FUSION LASER RANGEFINDER
2y 2m to grant Granted Oct 20, 2026
Patent 12754320
Radar Detection Method and Related Apparatus
3y 9m to grant Granted Oct 06, 2026
Patent 12748187
DEVICE FOR CONVERTING A PHOTONIC SIGNAL, ASSOCIATED LIDAR AND METHOD
3y 0m to grant Granted Sep 29, 2026
Patent 12748210
VISUAL MAPPING METHOD, AND COMPUTER PROGRAM RECORDED ON RECORDING MEDIUM FOR EXECUTING METHOD THEREFOR
2y 3m to grant Granted Sep 29, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
94%
With Interview (+16.9%)
3y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1015 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month