Prosecution Insights
Last updated: April 18, 2026
Application No. 18/348,075

RANGING DEVICE

Non-Final OA §102§103
Filed
Jul 06, 2023
Examiner
THATCHER, CLINT A
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Canon Kabushiki Kaisha
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
91%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
255 granted / 315 resolved
+29.0% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
33 currently pending
Career history
348
Total Applications
across all art units

Statute-Specific Performance

§101
17.4%
-22.6% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 315 resolved cases

Office Action

§102 §103
Notice of Pre-AIA or AIA Status The present application, filed on or after 16 Mar 2013 , is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Applicant presents Claims 1-1 6 for examination. The Office rejects Claims 1-1 6 as detailed below. Claim Interpretation (Not Rejection) The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f): (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) because the claim limitations use a generic placeholder [“unit”] that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are: “time counting, frequency distribution storage, peak detection, parameter determination, and decoder” “units” found in independent Claims 1, 11, 15, 16, and the corresponding dependent claims. Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof: all elements are described at Spec. ¶35 as signal processing circuits. If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f). 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. +_+_+ Claims 1 - 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant Admitted Prior Art ( AAPA ) +_+_+ [** Examiner’s note: Yasunori , the lone IDS reference (excluding a same-day-filed related application from Applicant), is translated only in regard to its Abstract. But Applicant has also described the reference in detail in the Spec. at ¶2. As Applicant’s description is superior to the brief English-translated abstract, the Office is citing that portion of the Spec. as Applicant Admitted Prior Art (AAPA) rather than attempting to use the partially-translated original.] As for Claim 1 , AAPA teaches a time counting unit configured to perform time counting; a pulse generation unit configured to generate a signal including a pulse based on light including reflected light from an object; a frequency distribution storage unit configured to store a frequency distribution including first information on time and second information on the number of pulses; a peak detection unit configured to determine time information indicating a time corresponding to a peak of the number of pulses based on the frequency distribution (Spec. ¶2|1: “[JP2021001763] (hereafter “ Yasunori ,” IDS reference) discloses a ranging device that measures a distance to an object based on a time difference between a time [via time counting unit] at which light is irradiated [via pulse generation unit] and a time at which reflected light is received [corresponding to detected peak of received pulses] . The ranging device of [ Yasunori ] calculates a distance from a frequency distribution of a count value of incident light with respect to time from light emission [frequency distribution including first information on time and second information on the number of pulses] .”) ; a parameter determination unit configured to determine, based on the time information, a parameter used for acquiring a frequency distribution in a frame period next to a frame period in which the time information is acquired; and a decoder unit configured to change the second information of the frequency distribution stored in the frequency distribution storage unit, wherein in accordance with the parameter, the time counting unit or the decoder unit is configured to change the first information of the frequency distribution, wherein the decoder unit selectively generates, for each frame period, either a first frequency distribution generated at a first time interval or a second frequency distribution generated at a second time interval shorter than the first time interval (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution. At this case, by setting the second temporal resolution higher [i.e., shorter time interval] than the first temporal resolution, the circuit area for storing the frequency distribution can be reduced.”) , wherein the parameter determination unit determines a second parameter used for acquiring the second frequency distribution based on first time information indicating a time corresponding to a peak of the number of pulses in the first frequency distribution, and wherein the parameter determination unit determines a first parameter used for acquiring the first frequency distribution based on second time information indicating a time corresponding to a peak of the number of pulses in the second frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value [corresponding to a peak of the number of pulses in the first frequency distribution] counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value [corresponding to a peak of the number of pulses in the second frequency distribution] counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 2 , which depends on Claim 1, AAPA teaches further comprising: a light emitting unit configured to emit light to the object; and a control unit configured to synchronously control a timing at which the light emitting unit emits light and a timing at which the time counting unit starts time counting (Spec. ¶2|1: “[ Yasunori ] discloses a ranging device that measures a distance to an object based on a time difference between a time at which light is irradiated and a time at which reflected light is received.”) As for Claim 3 , which depends on Claim 1, AAPA teaches wherein the second parameter includes information indicating a start time and an end time of acquisition of the second frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 4 , which depends on Claim 3, AAPA teaches wherein the parameter determination unit determines the start time and the end time of acquisition of the second frequency distribution so that the second frequency distribution includes the peak of the number of pulses in the first frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 5 , which depends on Claim 1, AAPA teaches wherein the first parameter includes information indicating a start time and an end time of acquisition of the first frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 6 , which depends on Claim 5, AAPA teaches wherein the parameter determination unit determines the start time and the end time of acquisition of the first frequency distribution so that the peak of the number of pulses in the second frequency distribution is separated from a boundary of the first time interval (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value [corresponding to a peak of the number of pulses in the first frequency distribution] counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value [corresponding to a peak of the number of pulses in the second frequency distribution] counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 7 , which depends on Claim 1, AAPA teaches wherein the first parameter includes information indicating a length of the first time interval in a part of the first frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value [corresponding to a peak of the number of pulses in the first frequency distribution] counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 8 , which depends on Claim 7, AAPA teaches wherein the parameter determination unit determines the length of the first time interval so that the first time interval in a part of the first frequency distribution corresponding to the peak of the number of pulses in the second frequency distribution is shorter than that in another part of the first frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution. At this case, by setting the second temporal resolution higher [i.e., shorter time interval] than the first temporal resolution, the circuit area for storing the frequency distribution can be reduced.”) As for Claim 9 , which depends on Claim 1, AAPA teaches wherein the decoder unit alternately generates the first frequency distribution and the second frequency distribution for each frame period (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value [corresponding to a peak of the number of pulses in the first frequency distribution] counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value [corresponding to a peak of the number of pulses in the second frequency distribution] counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 10 , which depends on Claim 1, AAPA teaches further comprising an output unit configured to output the second time information as a ranging result (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value [corresponding to a peak of the number of pulses in the first frequency distribution] counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value [corresponding to a peak of the number of pulses in the second frequency distribution] counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) 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. +_+_+ Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over AAPA in view of Erdogan et al. - U.S. Pub. 20200116838 +_+_+ As for Claim 11 , AAPA teaches a time counting unit configured to perform time counting; a pulse generation unit configured to generate a signal including a pulse based on light including reflected light from an object; a frequency distribution storage unit configured to store a frequency distribution including first information on time and second information on the number of pulses; a peak detection unit configured to determine time information indicating a time corresponding to a peak of the number of pulses based on the frequency distribution (Spec. ¶2|1: “[ Yasunori ] discloses a ranging device that measures a distance to an object based on a time difference between a time [via time counting unit] at which light is irradiated [via pulse generation unit] and a time at which reflected light is received [corresponding to detected peak of received pulses] . The ranging device of [ Yasunori ] calculates a distance from a frequency distribution of a count value of incident light with respect to time from light emission [frequency distribution including first information on time and second information on the number of pulses] .”) ; a parameter determination unit configured to determine, based on the time information, a parameter used for acquiring a frequency distribution in a frame period next to a frame period in which the time information is acquired; and a decoder unit configured to change the second information of the frequency distribution stored in the frequency distribution storage unit, wherein in accordance with the parameter, the time counting unit or the decoder unit is configured to change the first information of the frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution. At this case, by setting the second temporal resolution higher than the first temporal resolution, the circuit area for storing the frequency distribution can be reduced.”) AAPA does not explicitly teach using more than two frequency distributions / time intervals . But Erdogan teaches wherein the decoder unit selectively generates, for each frame period, any one of three or more frequency distributions having different time intervals, and wherein the parameter determination unit determines a parameter used for acquiring a frequency distribution generated at the longest time interval among the three or more frequency distributions based on time information indicating a time corresponding to a peak of the number of pulses in a frequency distribution generated at the shortest time interval among the three or more frequency distributions (Fig. 5, showing 3 different frequency distributions (of 8 possible), with decreasing time intervals and higher resolution peak detection; ¶92|1: “An example implementation of on-chip histogram option is shown in FIG. 5 and in Tables 1, 2 and 3. In this particular implementation, options are specified for a 12-bit (L=12) TDC with a time resolution of 50 ps. In this case, K can be any value from 0 to 7, for example set automatically or based upon user input. The selection or varying of the value of K can effectively select or vary the time width of the bins, and thus effectively select or vary a level of histogram zooming. Options 1 to 8 are shown in Table 1 and these options correspond to values of K from 7 to 0. Histograms produced under options 1, 2 and 3 are shown in FIG. 5.”) It 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 to combine AAPA and Erdogan because allowing increasingly smaller time bins provides a zooming feature that allows a user to use high resolution for detecting certain features of interest . As for Claim 1 2 , which depends on Claim 11, AAPA teaches further comprising: a light emitting unit configured to emit light to the object; and a control unit configured to synchronously control a timing at which the light emitting unit emits light and a timing at which the time counting unit starts time counting (Spec. ¶2|1: “[ Yasunori ] discloses a ranging device that measures a distance to an object based on a time difference between a time at which light is irradiated and a time at which reflected light is received.”) As for Claim 13 , which depends on Claim 11, AAPA teaches wherein the parameter includes information indicating a start time and an end time of acquisition of the frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for Claim 14 , which depends on Claim 11, AAPA teaches wherein the parameter includes information indicating a length of the time interval in a part of the frequency distribution (Spec. ¶2|6: “In [ Yasunori ], a first frequency distribution (histogram) is generated based on a count value counted at a first temporal resolution. Then, in a bin range determined from the first frequency distribution, a second frequency distribution is generated based on a count value counted at a second temporal resolution, and a distance is calculated from the second frequency distribution.”) As for (Independent) Claim 15 , AAPA teaches the ranging device according to claim 1 ( See Claim 1 r e jection above, this element is rejected on the same basis . ) AAPA does not explicitly teach the additional limitation. But Erdogan teaches and a signal processing unit configured to process a signal output from the ranging device (¶116|8: “The invention is not limited to the above applications and may equally be used, for example, for time of flight distance sensing/imaging, 3D imaging, Lidar, Lidar for driverless cars (ADAS), people counting in buildings, 3D object scanning on production lines, seeing behind corners for defense, barcode scanning, ground digitization in drones, 3D range imaging, object digitization. The sensor may be used for any other suitable applications in further embodiments.”) It 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 to combine AAPA and Erdogan because the whole reason for detecting distance with a LiDAR system is to use the data for some practical purpose, of which there are many. As for (Independent) Claim 16 , AAPA teaches the ranging device according to claim 1 ( See Claim 1 rejection above, this element is rejected on the same basis. ) AAPA does not explicitly teach the additional limitation. But Erdogan teaches and a movable body control unit configured to control the movable body based on distance information acquired by the ranging device (¶116|8: “ The invention is not limited to the above applications and may equally be used, for example, for time of flight distance sensing/imaging, 3D imaging, Lidar, Lidar for driverless cars (ADAS), people counting in buildings, 3D object scanning on production lines, seeing behind corners for defense, barcode scanning, ground digitization in drones, 3D range imaging, object digitization. The sensor may be used for any other suitable applications in further embodiments. ”) It 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 to combine AAPA and Erdogan because the whole reason for detecting distance with a LiDAR system is to use the data for some practical purpose, one of which is automated driving . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CLINT THATCHER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3588 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri 9am-5:30pm ET and generally keeps a daily 2:30pm timeslot open for interviews. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant may call the examiner to set up a time or use the USPTO Automated Interview Request (AIR) system 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. Though not relied on, the Office considers the additional prior art listed in the Notice of Reference Cited form (PTO-892) pertinent to Applicant's disclosure. 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. /Clint Thatcher/ Examiner, Art Unit 3645 /YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Jul 06, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §102, §103 (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

1-2
Expected OA Rounds
81%
Grant Probability
91%
With Interview (+10.4%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 315 resolved cases by this examiner. Grant probability derived from career allow rate.

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