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.
Claim(s) 9 is/are 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.
Regarding claim 9, there appears to be a contradiction in the characterization of the first mode and the second mode as described in claim 9 in relation to its parent claim 1. In view of the disclosure as a whole, it appears that the first mode is related to short/near distances and the second mode is related to far distances; however, claim 9 appears to be written in a manner that claims the reverse/opposite configuration. For examination purposes, it is assumed that the claim should be recited per the following: “The photoelectric conversion device according to claim 8, wherein the frequency distribution generation unit operates in the [[second]]--first-- mode when ranging is performed at a distance less than a predetermined threshold value, and operates in the [[first]]--second-- mode when ranging is performed at a distance equal to or greater than the threshold value.”
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)(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) 1-4 and 16-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou US20230280464.
Regarding independent claim 1, Zhou discloses, in Figures 1-10,
A photoelectric conversion device (Zhou; Fig. 1-10) comprising:
a light receiving unit (Zhou; Fig. 2; receiver) including a plurality of pixels (Zhou; Fig. 1Aa; SPAD array; [0070] pixel comprises SPAD(s); Fig. 5a shows pixels 1-8) each configured to generate a signal based on incident light; and
a frequency distribution generation unit (Zhou; Fig. 1b; the unit that generates the histogram) configured to generate a frequency distribution (Zhou; Fig. 1b; histogram) in which time information on a time from light emission of a light emitting device (Zhou; Fig. 2; transmitter) to light reception of the light receiving unit is associated with a frequency of light reception by accumulating light reception results at the light receiving unit a plurality of times (Zhou; Fig. 1b; histogram),
wherein the frequency distribution generation unit operates in either a first mode for generating the frequency distribution from the light reception results of one of the plurality of pixels (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units, a relatively higher resolution, and a relatively shorter/nearer/closer distance), or a second mode for generating the frequency distribution in which the light reception results of multiple pixels among the plurality of pixels are accumulated (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units, a relatively lower resolution, and a relatively larger/farther distance), and
wherein a second accumulation number of the light reception results in the second mode (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units) is less than a first accumulation number of the light reception results in the first mode (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units).
Regarding claim 2, Zhou discloses The photoelectric conversion device according to claim 1, wherein each of the plurality of pixels outputs a signal indicating light reception when an elapsed time from light emission of the light emitting device to light incidence is in an exposure period, and wherein the frequency distribution is generated from the frequency of the light reception in each of a plurality of exposure periods different from each other (Zhou; [0008] the two modes have different quantity of time slice bins Q; [0086] “a quantity Q of time slice bins allocated to each light sensitive unit corresponding to the first mode is less than a quantity Q of time slice bins allocated to each light sensitive unit corresponding to the second mode”).
Regarding claim 3, Zhou discloses The photoelectric conversion device according to claim 2, wherein a length of the exposure period in the second mode (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units with a corresponding longer exposure period length) is longer than a length of the exposure period in the first mode (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units with a corresponding shorter exposure period length) (Zhou; [0008] the two modes have different quantity of time slice bins Q; [0086] “a quantity Q of time slice bins allocated to each light sensitive unit corresponding to the first mode is less than a quantity Q of time slice bins allocated to each light sensitive unit corresponding to the second mode”; [0087] “a value of Q may be inversely proportional to duration of the time slice bin. In other words, a larger quantity Q indicates shorter duration of the time slice bin.”).
Regarding claim 4, Zhou discloses The photoelectric conversion device according to claim 1 further comprising a time conversion unit configured to acquire a time count value indicating an elapsed time from light emission of the light emitting device to light reception of the light receiving unit as the time information, wherein the frequency distribution generation unit generates the frequency distribution by accumulating the frequency of the light reception for each of a plurality of classes according to the time count value (Zhou; Fig. 3; time to digital converter TDC3).
Regarding claim 16, Zhou discloses The photoelectric conversion device according to claim 1, wherein each of the plurality of pixels includes an avalanche photodiode (Zhou; Fig. 1Aa; SPAD array; [0070] pixel comprises SPAD(s)).
Regarding claim 17, Zhou discloses The photoelectric conversion device according to claim 1, wherein in the second mode, at least two of the pixels in which the light reception results are accumulated are adjacent to each other (Zhou; Fig. 8d).
Regarding claim 18, Zhou discloses The photoelectric conversion device according to claim 1, wherein power consumption of a memory that stores the frequency distribution in the second mode is less than power consumption of the memory in the first mode (Zhou; [0169] power consumption is improved/reduced when gating a portion of the pixels).
Regarding claim 19, Zhou discloses The photoelectric conversion device according to claim 1 further comprising an output unit configured to output distance information based on the frequency distribution (Zhou; Fig. 4; [0082] output the histogram to histogram data storage unit 402).
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.
Claim(s) 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Kameyama US20140168634.
Regarding claim 5, Zhou discloses The photoelectric conversion device according to claim 1, wherein the frequency distribution generation unit sets an acquisition range of a first frequency distribution generated in the first mode distance information acquired from a second frequency distribution generated in the second mode (Zhou; Fig. 1b histogram; [0008] “first mode” and “second mode”).
Zhou is silent regarding wherein the frequency distribution generation unit sets an acquisition range of a first frequency distribution generated in the first mode based on distance information acquired from a second frequency distribution generated in the second mode.
Kameyama teaches wherein the frequency distribution generation unit sets an acquisition range of a first frequency distribution generated in the first mode based on distance information acquired from a second frequency distribution generated in the second mode (Kameyama; [0059] shifting from the first/rough range mode to the short/imaging mode based on the first/rough mode detecting an obstacle and shifting modes for “a more accurate and safe collision prevention operation”; [0044] determination of shifting from the first/altimeter mode to the second/imaging mode is based on a predetermined threshold value such that when the range is at the threshold value or less, then the shift is made to the second/imaging mode).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the acquisition range selection as taught by Zhou so that the first mode is based on the second mode distance information as taught by Kameyama for the purpose of providing “a more accurate and safe collision prevention operation” (Kameyama; [0059] shifting from the first/rough range mode to the short/imaging mode based on the first/rough mode detecting an obstacle and shifting modes for “a more accurate and safe collision prevention operation”).
Regarding claim 6, Modified Zhou teaches the invention substantially the same as described above, and The photoelectric conversion device according to claim 5, wherein the acquisition range of the first frequency distribution is narrower than the acquisition range of the second frequency distribution (Zhou; [0008] “first mode” that corresponds to a relatively shorter/nearer/closer/narrower distance).
Regarding claim 7, Modified Zhou teaches the invention substantially the same as described above, and The photoelectric conversion device according to claim 5, wherein a distance resolution of the distance information acquired from the first frequency distribution is higher than a distance resolution of the distance information acquired from the second frequency distribution (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units, a relatively higher resolution).
Regarding claim 8, Zhou discloses The photoelectric conversion device according to claim 1, wherein the frequency distribution generation unit switches between the first mode and the second mode a distance range in which ranging is performed (Zhou; Fig. 1b histogram; [0008] “first mode” and “second mode”).
Zhou is silent regarding wherein the frequency distribution generation unit switches between the first mode and the second mode according to a distance range in which ranging is performed.
Kameyama teaches wherein the frequency distribution generation unit switches between the first mode and the second mode according to a distance range in which ranging is performed (Kameyama; [0059] shifting from the first/rough range mode to the short/imaging mode based on the first/rough mode detecting an obstacle at a distance range and shifting modes for “a more accurate and safe collision prevention operation”; [0044] determination of shifting from the first/altimeter mode to the second/imaging mode is based on a predetermined threshold value such that when the range is at the threshold value or less, then the shift is made to the second/imaging mode).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify mode switching as taught by Zhou to be based on the distance range as taught by Kameyama for the purpose of providing “a more accurate and safe collision prevention operation” (Kameyama; [0059] shifting from the first/rough range mode to the short/imaging mode based on the first/rough mode detecting an obstacle and shifting modes for “a more accurate and safe collision prevention operation”).
Regarding claim 9, Modified Zhou teaches the invention substantially the same as described above, and The photoelectric conversion device according to claim 8, wherein the frequency distribution generation unit operates in the [[second]]--first-- mode when ranging is performed at a distance less than a predetermined threshold value, and operates in the [[first]]--second-- mode when ranging is performed at a distance equal to or greater than the threshold value (Kameyama; [0059] shifting from the first/rough range mode to the short/imaging mode based on the first/rough mode detecting an obstacle at a distance range and shifting modes for “a more accurate and safe collision prevention operation”; [0044] determination of shifting from the first/altimeter mode to the second/imaging mode is based on a predetermined threshold value such that when the range is at the threshold value or less, then the shift is made to the second/imaging mode).
Regarding claim 10, Modified Zhou teaches the invention substantially the same as described above, and The photoelectric conversion device according to claim 8, wherein the frequency distribution generation unit repeats operations in the first mode or the second mode a plurality of times, and wherein a frequency at which the frequency distribution generation unit operates in the second mode (Zhou; [0096] long-distance detection operates with high frame rate) is greater than a frequency at which the frequency distribution generation unit operates in the first mode (Zhou; [0097] short-distance detection operates with low frame rate).
Regarding claim 11, Modified Zhou teaches the invention substantially the same as described above, and The photoelectric conversion device according to claim 10, wherein the frequency distribution generation unit performs an operation in the second mode at a constant period (Zhou; [0072, 0087] the second mode is operated at a constant time slice bin during normal operations).
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Xu US20210088636.
Regarding claim 12, Zhou discloses The photoelectric conversion device according to claim 1, wherein a ratio of the second accumulation number (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units) to the first accumulation number (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units) is less than one (Zhou; this is necessarily true since the second accumulation number is less than the first accumulation number as recited in parent claim 1 which would mathematically yield the ratio < 1).
Zhou is silent regarding wherein a ratio of the second accumulation number to the first accumulation number is less than one and equal to or greater than an inverse of the number of pixels accumulated in the second mode.
Xu teaches the result-effective variable/relationship between object reflectance and frequency number modes in which low frequency number modes may be configured for imaging shiny, high reflectance objects while higher frequency number modes may be configured for dull, lower reflectance objects (Xu; [0054]).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to select the ratio as taught by Zhou to be equal to or greater than an inverse of the number of pixels accumulated in the second mode as taught by Xu for the purpose of yielding an optimized response for objects with low reflectance as taught by Xu (Xu; [0054]). Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) (MPEP 2144.05(II.)(A.)). Also, it is noted that applicant’s disclosure does not appear to specify the criticality of the claimed range (see 18411483 instant applicant’s specification [0070] that describes an example of how the rate of change of the micro-frame count is dynamically changed based on object reflectance being low/high and how (i) the ratio value may be either equal to or greater than the inverse value, or (ii) the ratio value may be less than the inverse value based on the object reflectance, but the disclosure is silent regarding the criticality of the ratio value, and providing an example does not appear to be an expression of criticality).
Regarding claim 13, Zhou discloses The photoelectric conversion device according to claim 1, wherein a ratio of the second accumulation number (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units) to the first accumulation number (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units).
Zhou is silent regarding wherein a ratio of the second accumulation number to the first accumulation number is less than an inverse of the number of pixels accumulated in the second mode.
Xu teaches the result-effective variable/relationship between object reflectance and frequency number modes in which low frequency number modes may be configured for imaging shiny, high reflectance objects while higher frequency number modes may be configured for dull, lower reflectance objects (Xu; [0054]).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to select the ratio as taught by Zhou to be less than an inverse of the number of pixels accumulated in the second mode as taught by Xu for the purpose of yielding an optimized response for objects with high reflectance as taught by Xu (Xu; [0054]). Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) (MPEP 2144.05(II.)(A.)). Also, it is noted that applicant’s disclosure does not appear to specify the criticality of the claimed range (see 18411483 instant applicant’s specification [0070] that describes an example of how the rate of change of the micro-frame count is dynamically changed based on object reflectance being low/high and how (i) the ratio value may be either equal to or greater than the inverse value, or (ii) the ratio value may be less than the inverse value based on the object reflectance, but the disclosure is silent regarding the criticality of the ratio value, and providing an example does not appear to be an expression of criticality).
Regarding claim 14, Zhou discloses The photoelectric conversion device according to claim 1, wherein a ratio of the second accumulation number (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units) to the first accumulation number (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units).
Zhou is silent regarding wherein a ratio of the second accumulation number to the first accumulation number is dynamically changed.
Xu teaches the result-effective variable/relationship between object reflectance and frequency number modes in which low frequency number modes may be configured for imaging shiny, high reflectance objects while higher frequency number modes may be configured for dull, lower reflectance objects (Xu; [0054]).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to control the ratio as taught by Zhou so that it is dynamically changed as taught by Xu for the purpose of yielding an optimized response for objects with differing reflectance as taught by Xu (Xu; [0054]).
Regarding claim 15, Zhou discloses The photoelectric conversion device according to claim 1, wherein a ratio of the second accumulation number (Zhou; [0008] “second mode” that corresponds to a relatively lower quantity of gated light sensitive units) to the first accumulation number (Zhou; [0008] “first mode” that corresponds to a relatively higher quantity of gated light sensitive units).
Zhou is silent regarding wherein a ratio of the second accumulation number to the first accumulation number is equal to an inverse of the number of pixels accumulated in the second mode.
Xu teaches the result-effective variable/relationship between object reflectance and frequency number modes in which low frequency number modes may be configured for imaging shiny, high reflectance objects while higher frequency number modes may be configured for dull, lower reflectance objects (Xu; [0054]).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to select the ratio as taught by Zhou to be equal to an inverse of the number of pixels accumulated in the second mode as taught by Xu for the purpose of yielding an optimized response for objects with low reflectance as taught by Xu (Xu; [0054]). Also, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) (MPEP 2144.05(II.)(A.)). Also, it is noted that applicant’s disclosure does not appear to specify the criticality of the claimed range (see 18411483 instant applicant’s specification [0070] that describes an example of how the rate of change of the micro-frame count is dynamically changed based on object reflectance being low/high and how (i) the ratio value may be either equal to or greater than the inverse value, or (ii) the ratio value may be less than the inverse value based on the object reflectance, but the disclosure is silent regarding the criticality of the ratio value, and providing an example does not appear to be an expression of criticality).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Nakamura US20050225478.
Regarding independent claim 20, Zhou discloses A movable body (Zhou; vehicle; [0078] the dTOF sensing module is mounted on a vehicle) comprising: the photoelectric conversion device according to claim 1, distance information acquired by the photoelectric conversion device (Zhou; Fig. 1b; histogram).
Zhou is silent regarding a movable body control unit configured to control the movable body based on distance information acquired by the photoelectric conversion device.
Nakamura teaches a movable body control unit configured to control the movable body based on distance information acquired by the photoelectric conversion device (Nakamura; [0077] control ECU 3 performs inter-vehicle distance control for controlling vehicle speed and/or brake driver 19 based on the laser sensor 5 data).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the movable body as taught by Zhou to comprise a movable body control unit configured to control the movable body based on distance information as taught by Nakamura for the purpose of preventing collisions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhu US20210181317 teaches “the system is dynamically adjusted to realize two modes: a coarse histogram mode and a fine histogram mode” [0012].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MALIKASIM whose telephone number is (313)446-6597. The examiner can normally be reached M-F; 8 am - 5 pm (CST).
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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.
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/JONATHAN MALIKASIM/ Primary Examiner, Art Unit 3645 6/4/26
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