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 .
Status of Claims
The following is a non-final, first office action in response to the communication filed 10/23/2023. Claims 1-13 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 2 objected to because of the following informalities: "determination means" needs to be consistent with the earlier description of a "determination unit". Appropriate correction is required.
Claim Interpretations – 35 USC § 112
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(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) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim
limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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 other generic terminology) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word "means" are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, 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) or pre-AIA 35
U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder
that is coupled with functional language without reciting sufficient structure to perform
the recited function and the generic placeholder are not preceded by a structural modifier.
Such claim limitations are: “a light source device capable of concurrently emitting light” and “a measuring unit configured to detect time periods” in both claims 1 and 13; “a determination unit configured to determine” in claim 2; and “processing unit for executing predetermined processing” in claim 13.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre- AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Shotan et al. (US-20220179057-A1; hereinafter Shotan).
Regarding claim 3, Shotan discloses The range finding apparatus according to claim 2, wherein the determination unit determines the pixel to be used for computing the distance information, in accordance with an operation mode set for the range finding apparatus. (see at least [00158]; "For instance, the system can make these determinations by assessing various factors such as: returning light pulse intensities or numbers, estimated ranges of (i.e., distances to) objects in the FOV that reflected the returning light pulses, prior information about the prevalence of a certain type of obstruction in a region of the environment where the LIDAR device is currently located, a speed of a vehicle on which the LIDAR device is mounted, and/or corroborating data from other sensors, among other possible factors." and see at least [00103]; "Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light. In some instances, receiver 330 may be configured to detect light having wavelengths in the same wavelength range as the light emitted by transmitter 320. In this way, for instance, system 300 may distinguish received light originated by system 300 from other light originated by external sources in the environment." and see at least [0048]; "In turn, the various sensors may be suitable for detection and/or identification of objects within a respective scanning range of distances from vehicle 100." and see at least [0005]; "The LIDAR device also includes one or more processors and data storage storing instructions that, when executed by the one or more processors, cause the system to perform operations. The operations comprise receiving, from the LIDAR device, data indicative of a plurality of scans of the FOV obtained by the LIDAR device. The operations also comprise detecting an obstruction that at least partially occludes the LIDAR device from scanning the FOV through the housing based on the received data.").
Regarding claim 6, Shotan discloses The range finding apparatus according to claim 5, wherein the condition is that the range finding apparatus is outside and it is not raining. (see at least [00157]; "In some scenarios, the LIDAR device may fail to detect a reflection of a particular transmitted light pulse (even when no occlusion or obstruction is present). In a first scenario, some of the transmitted and/or reflected light pulses may be diverted away from an expected optical path due to environmental factors (e.g., small particles in the air, electromagnetic noise, weather conditions, etc.)." and see at least [00158]; "Accordingly, in some examples, a system of method 500 may be configured to determine a likelihood that the obstruction is physically coupled to the LIDAR device (e.g., attached to the LIDAR device, or attached to another nearby structure, etc.), the extent of the occluded portion of the FOV, a material type of the obstruction, and/or whether the obstruction is likely to remain physically coupled to the LIDAR device if no responsive action is taken (e.g., without activating a cleaning apparatus, etc.). For instance, the system can make these determinations by assessing various factors such as: returning light pulse intensities or numbers, estimated ranges of (i.e., distances to) objects in the FOV that reflected the returning light pulses, prior information about the prevalence of a certain type of obstruction in a region of the environment where the LIDAR device is currently located, a speed of a vehicle on which the LIDAR device is mounted, and/or corroborating data from other sensors, among other possible factors.").
Claims 1, 2, 4, 5, 7, 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shotan and in view of Nishimori (US-20230204727-A1; hereinafter, Nishimori).
Regarding claim 1, Shotan discloses [Note: what Shotan fails to disclose is strike-through] A range finding apparatus comprising: a light source device capable of concurrently emitting light of a first wavelength and light of a second wavelength that is longer than the first wavelength; (see at least [0043]; "In some embodiments, portions of light filter 126 may be configured to allow different wavelength ranges to propagate through the light filter 126. For example, an upper portion of the light filter 126 (e.g., above dividing structure 124) may be configured to allow propagation of light within a first wavelength range that includes the first wavelength of the first LIDAR 120, and a lower portion of light filter 126 (e.g., below dividing structure 124) may be configured to allow propagation of light within a second wavelength range that includes the second wavelength of the second LIDAR 122." and see at least [0050]; "In the scenario shown, contour 164 may illustrate a region of the environment where objects may be detected and/or identified using the higher resolution data from the second LIDAR 122 of sensor unit 102. As shown, contour 164 may encompass objects further away from vehicle 100 than contour 162, within a longer range of distances (e.g., 300 meters, etc.), for example.") a light-receiving part that includes a pixel array in which pixels are (see at least [00103]; "In a second example, where system 300 is configured as a LIDAR device, receiver 330 may include one or more light detectors 332 arranged to intercept and detect reflections of the light pulses or beams emitted by transmitter 320 that return to system 300 from the environment. Example light detectors 332 may include photodiodes, avalanche photodiodes (APDs), silicon photomultipliers (SiPMs), single photon avalanche diodes (SPADs), multi-pixel photon counters (MPPCs), phototransistors, cameras, active pixel sensors (APS), charge coupled devices (CCD), cryogenic detectors, and/or any other sensor of light." and see at least [00104]; "In some implementations, receiver 330 may include a detector comprising an array of sensing elements connected to one another.") one or more processors that execute a program stored in a memory and thereby function as: (see at least [0005]; "The LIDAR device also includes one or more processors and data storage storing instructions that, when executed by the one or more processors, cause the system to perform operations.") a measuring unit configured to detect time periods from when range finding is started until when incident of light on the pixels is detected, and (see at least [0063]; "The sensor system 204 may include a number of sensors configured to sense information about an environment in which the vehicle 200 is located, as well as one or more actuators 236 configured to modify a position and/or orientation of the sensors. As shown, the sensors of the sensor system 204 include an Environment Sensor 225, Global Positioning System (GPS) 226, an inertial measurement unit (IMU) 228, a RADAR unit 230, a laser rangefinder and/or LIDAR unit 232, and a camera 234." and see at least [00166]; "Each row may correspond to measurements (e.g., light intensity values, range values, etc.) indicated by a respective LIDAR channel (e.g., light detector 432a, 432b, or 432c)." and see at least [00188]; "The method of any of clauses 23-31, wherein obtaining the plurality of scans comprises: obtaining a sequence of complete scans of the FOV during consecutive scanning time periods;") computing distance information based on the detected time periods, wherein a (see at least [00166]; "Each row may correspond to measurements (e.g., light intensity values, range values, etc.) indicated by a respective LIDAR channel (e.g., light detector 432a, 432b, or 432c)." and see at least [00188]; "The method of any of clauses 23-31, wherein obtaining the plurality of scans comprises: obtaining a sequence of complete scans of the FOV during consecutive scanning time periods;" and see at least [00104]; "In some implementations, receiver 330 may include a detector comprising an array of sensing elements connected to one another." and see at least [00134]; "In some examples, the LIDAR 400 may be rotated about an axis to determine a three-dimensional map of the surroundings of the LIDAR 400." and see at least [0043]; "In some embodiments, portions of light filter 126 may be configured to allow different wavelength ranges to propagate through the light filter 126. For example, an upper portion of the light filter 126 (e.g., above dividing structure 124) may be configured to allow propagation of light within a first wavelength range that includes the first wavelength of the first LIDAR 120, and a lower portion of light filter 126 (e.g., below dividing structure 124) may be configured to allow propagation of light within a second wavelength range that includes the second wavelength of the second LIDAR 122.").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches computing distance information and detected time periods.
Shotan discloses a method to arrange pixel arrays and use pixels for detected time periods and Nishimori is directed at explicitly arranging the pixel arrays in two-dimensional arrays and designating their order used by the system. Nishimori teaches:
Two-dimensional pixel array (see at least [0030]; "The pixel array unit 32 includes photoelectric conversion element groups arranged in an array, which generate and store charges according to the intensity of incident light... In the same drawing, an up-and-down direction of the pixel array unit 32 is defined as a column direction or a vertical direction, and a right-and-left direction is defined as a row direction or a horizontal direction.").
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive light via pixels and arrange a pixel array. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to specify how the pixel array is arranged as taught by Nishimori. Additionally, the light detectors 432a, 432b, and 432c indicate light intensity values and along with the sensor system could function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 2, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 1, the one or more processors further function as: a determination unit configured to determine whether (see at least [00158]; "For instance, the system can make these determinations by assessing various factors such as: returning light pulse intensities or numbers, estimated ranges of (i.e., distances to) objects in the FOV that reflected the returning light pulses, prior information about the prevalence of a certain type of obstruction in a region of the environment where the LIDAR device is currently located, a speed of a vehicle on which the LIDAR device is mounted, and/or corroborating data from other sensors, among other possible factors." and see at least [00103]; "In a second example, where system 300 is configured as a LIDAR device, receiver 330 may include one or more light detectors 332 arranged to intercept and detect reflections of the light pulses or beams emitted by transmitter 320 that return to system 300 from the environment. Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light." and see at least [00133]; "For example, by comparing a time when the plurality of light beams 402a-c were emitted by the plurality of light sources 422a-c and a time when the plurality of detectors 432a-c received the focused light 408a-c, a distance between the LIDAR 400 and the one or more objects in the environment of the LIDAR 400 may be determined.") wherein the measuring unit computes the distance information based on time periods detected for the pixel determined by the determination means. (see at least [0063]; "The sensor system 204 may include a number of sensors configured to sense information about an environment in which the vehicle 200 is located, as well as one or more actuators 236 configured to modify a position and/or orientation of the sensors. As shown, the sensors of the sensor system 204 include an Environment Sensor 225, Global Positioning System (GPS) 226, an inertial measurement unit (IMU) 228, a RADAR unit 230, a laser rangefinder and/or LIDAR unit 232, and a camera 234." and see at least [00166]; "Each row may correspond to measurements (e.g., light intensity values, range values, etc.) indicated by a respective LIDAR channel (e.g., light detector 432a, 432b, or 432c)." and see at least [00188]; "The method of any of clauses 23-31, wherein obtaining the plurality of scans comprises: obtaining a sequence of complete scans of the FOV during consecutive scanning time periods;").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches a determination unit.
Shotan discloses a method to use pixels for determining distance information and Nishimori is directed at designating pixel order used by the system. Nishimori teaches:
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive light via pixels. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 4, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 3, wherein the determination unit determines that, when the range finding apparatus is set to a high resolution mode, (see at least [00158]; "For instance, the system can make these determinations by assessing various factors such as: returning light pulse intensities or numbers, estimated ranges of (i.e., distances to) objects in the FOV that reflected the returning light pulses, prior information about the prevalence of a certain type of obstruction in a region of the environment where the LIDAR device is currently located, a speed of a vehicle on which the LIDAR device is mounted, and/or corroborating data from other sensors, among other possible factors." and see at least [0051]; "For instance, vehicle 100 may detect an object using the data from the first LIDAR 120 (e.g., within the contour 162), adjust the viewing direction of the second LIDAR 122 to a FOV that includes the object, and then identify the object using the higher resolution data from the second LIDAR 122." and see at least [00103]; "In a second example, where system 300 is configured as a LIDAR device, receiver 330 may include one or more light detectors 332 arranged to intercept and detect reflections of the light pulses or beams emitted by transmitter 320 that return to system 300 from the environment. Example light detectors 332 may include photodiodes, avalanche photodiodes (APDs), silicon photomultipliers (SiPMs), single photon avalanche diodes (SPADs), multi-pixel photon counters (MPPCs), phototransistors, cameras, active pixel sensors (APS), charge coupled devices (CCD), cryogenic detectors, and/or any other sensor of light." and see at least [00133]; "For example, by comparing a time when the plurality of light beams 402a-c were emitted by the plurality of light sources 422a-c and a time when the plurality of detectors 432a-c received the focused light 408a-c, a distance between the LIDAR 400 and the one or more objects in the environment of the LIDAR 400 may be determined.").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches a determination unit.
Shotan discloses a method to use pixels for determining distance information and Nishimori is directed at designating pixel order used by the system. Nishimori teaches:
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive light via pixels. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 5, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 3, wherein when the range finding apparatus is not set to a high resolution mode, (see at least [0068]; "Similarly, the laser range finder or LIDAR unit 232 may be any sensor configured to sense objects in the environment in which the vehicle 200 is located using lasers.") the determination unit determines that determines that (see at least [00158]; "For instance, the system can make these determinations by assessing various factors such as: returning light pulse intensities or numbers, estimated ranges of (i.e., distances to) objects in the FOV that reflected the returning light pulses, prior information about the prevalence of a certain type of obstruction in a region of the environment where the LIDAR device is currently located, a speed of a vehicle on which the LIDAR device is mounted, and/or corroborating data from other sensors, among other possible factors." and see at least [00103]; "Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light. In some instances, receiver 330 may be configured to detect light having wavelengths in the same wavelength range as the light emitted by transmitter 320. In this way, for instance, system 300 may distinguish received light originated by system 300 from other light originated by external sources in the environment." and see at least [0048]; "In turn, the various sensors may be suitable for detection and/or identification of objects within a respective scanning range of distances from vehicle 100.").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches a determination unit.
Shotan discloses a method to use pixels for determining distance information and Nishimori is directed at designating pixel order used by the system. Nishimori teaches:
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive light via pixels. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 7, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 1, wherein the measuring unit computes the distance information based on a time period detected for (see at least [0063]; "The sensor system 204 may include a number of sensors configured to sense information about an environment in which the vehicle 200 is located, as well as one or more actuators 236 configured to modify a position and/or orientation of the sensors. As shown, the sensors of the sensor system 204 include... an inertial measurement unit (IMU) 228..." and see at least [0048]; "In turn, the various sensors may be suitable for detection and/or identification of objects within a respective scanning range of distances from vehicle 100." and see at least [00188]; "The method of any of clauses 23-31, wherein obtaining the plurality of scans comprises: obtaining a sequence of complete scans of the FOV during consecutive scanning time periods;" and see at least [00103]; "Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light. In some instances, receiver 330 may be configured to detect light having wavelengths in the same wavelength range as the light emitted by transmitter 320. In this way, for instance, system 300 may distinguish received light originated by system 300 from other light originated by external sources in the environment.").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches a measuring unit.
Shotan discloses a method to use pixels for computing distance information and Nishimori is directed at designating pixel order used by the system. Nishimori teaches:
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive light via pixels. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 9, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 1, wherein the light source device includes a light source array in which a first light-emitting element that emits light of the first wavelength and a second light-emitting element that emits light of the second wavelength are (see at least [0043]; "In some embodiments, portions of light filter 126 may be configured to allow different wavelength ranges to propagate through the light filter 126. For example, an upper portion of the light filter 126 (e.g., above dividing structure 124) may be configured to allow propagation of light within a first wavelength range that includes the first wavelength of the first LIDAR 120, and a lower portion of light filter 126 (e.g., below dividing structure 124) may be configured to allow propagation of light within a second wavelength range that includes the second wavelength of the second LIDAR 122." and see at least [00134]; "In some examples, the LIDAR 400 may be rotated about an axis to determine a three-dimensional map of the surroundings of the LIDAR 400.").
However, Shotan does not explicitly teach light emitting elements in a two-dimensional arrangement. Instead, Shotan teaches a light source device.
Shotan discloses a method to arrange pixel arrays and Nishimori is directed at explicitly arranging the pixel arrays in two-dimensional arrays. Nishimori teaches:
Two-dimensional pixel array (see at least [0030]; "The pixel array unit 32 includes photoelectric conversion element groups arranged in an array, which generate and store charges according to the intensity of incident light... In the same drawing, an up-and-down direction of the pixel array unit 32 is defined as a column direction or a vertical direction, and a right-and-left direction is defined as a row direction or a horizontal direction.").
Both Shotan and Nishimori can arrange a pixel array. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to specify how the pixel array is arranged as taught by Nishimori. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 10, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 9, wherein an arrangement of (see at least [00103]; "In a second example, where system 300 is configured as a LIDAR device, receiver 330 may include one or more light detectors 332 arranged to intercept and detect reflections of the light pulses or beams emitted by transmitter 320 that return to system 300 from the environment. Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light." and see at least [00104]; "In some implementations, receiver 330 may include a detector comprising an array of sensing elements connected to one another." and see at least [0098]; "In a first example, where system 300 is configured as a LIDAR device, transmitter 320 may include one or more light emitters 322 that emit one or more light beams and/or pulses having wavelengths within a wavelength range.").
However, Shotan does not explicitly teach the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches pixels in a pixel array.
Shotan discloses a method to use pixels in an arrangement of light-emitting elements and Nishimori is directed at designating pixel order used by the system. Nishimori teaches:
Pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Both Shotan and Nishimori can receive and emit light via pixels. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 13, Shotan discloses [Note: what Shotan fails to disclose is strike-through] An electronic device characterized by comprising: a range finding apparatus; and (see at least [0068]; "Similarly, the laser range finder or LIDAR unit 232 may be any sensor configured to sense objects in the environment in which the vehicle 200 is located using lasers.") processing unit for executing predetermined processing using distance information that is obtained by the range finding apparatus, (see at least [0005]; "The LIDAR device also includes one or more processors and data storage storing instructions that, when executed by the one or more processors, cause the system to perform operations. The operations comprise receiving, from the LIDAR device, data indicative of a plurality of scans of the FOV obtained by the LIDAR device. The operations also comprise detecting an obstruction that at least partially occludes the LIDAR device from scanning the FOV through the housing based on the received data." and see at least [0048]; "In turn, the various sensors may be suitable for detection and/or identification of objects within a respective scanning range of distances from vehicle 100.")…
The remainder of claim 13 contains analogous limitations to claim 1 and is rejected for similar reasons.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shotan, Nishimori, and in further view of Kamizuru et al.(US-20220120898-A1; hereinafter, Kamizuru).
Regarding claim 8, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 7, wherein the measuring unit selects the time period detected for (see at least [0063]; "The sensor system 204 may include a number of sensors configured to sense information about an environment in which the vehicle 200 is located, as well as one or more actuators 236 configured to modify a position and/or orientation of the sensors. As shown, the sensors of the sensor system 204 include... an inertial measurement unit (IMU) 228..." and see at least [0048]; "In turn, the various sensors may be suitable for detection and/or identification of objects within a respective scanning range of distances from vehicle 100." and see at least [00103]; "Example light detectors 332 may include... multi-pixel photon counters (MPPCs),... active pixel sensors (APS),... and/or any other sensor of light. In some instances, receiver 330 may be configured to detect light having wavelengths in the same wavelength range as the light emitted by transmitter 320. In this way, for instance, system 300 may distinguish received light originated by system 300 from other light originated by external sources in the environment." and see at least [00188]; "The method of any of clauses 23-31, wherein obtaining the plurality of scans comprises: obtaining a sequence of complete scans of the FOV during consecutive scanning time periods;").
However, Shotan does not explicitly teach a histogram based on time periods nor the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches a measuring unit and scanning time periods.
Shotan discloses a method to detect light using light detectors and Kamizuru is directed at classifying light reception time periods into bins and Nishimori is directed at designating pixel order used by the system. Kamizuru and Nishimori teach:
Kamizuru teaches a histogram based off time periods (see at least [0022]; "The distance measurement device 1 classifies time periods t.sub.m (hereinafter, also referred to as “light reception time periods t.sub.m”) from the time to as the light emission timing to the light reception timing at which the light is received by the light receiving unit 3, on the basis of classes (bins), and generates a histogram." and see at least Figure 2 and [0027]; "Meanwhile, the reflected light L2 as the target is light received according to a specific distance, and appears as an active light component 202 in the histogram. The bin corresponding to a peak frequency in the active light component 202 is the bin corresponding to the distance D of the object 100 to be measured.").
Nishimori teaches pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Collectively, Shotan, Kamizuru, and Nishimori can detect light. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include a classification program as taught by Kamizuru and to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to program an additional step in the measurement unit taught by Shotan to include bins for organized time period data to generate a histogram based off of pixel received sensor data. Additionally, one of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by utilizing an additional programming structure as taught by Kamizuru into the measurement unit of Shotan and utilizing more specific elements from Nishimori into Shotan with slight modification.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Shotan, Nishimori, and in further view of Pan et al.(US- 10901074-B1; hereinafter, Pan).
Regarding claim 11, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 1, wherein a first (see at least [0098]; "In a first example, where system 300 is configured as a LIDAR device, transmitter 320 may include one or more light emitters 322 that emit one or more light beams and/or pulses having wavelengths within a wavelength range." and see at least [0022]; "The LIDAR may be configured to scan a FOV by emitting light pulses and detecting returning reflections of the emitted light pulses. To facilitate this, the housing may include or may be formed from one or more optical components (e.g., light filter(s), optical window(s), etc.) that at least partially transmit the emitted light pulses out of the housing and the reflected light pulses into the housing.").
However, Shotan does not explicitly teach an optical bandpass filter nor the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches light filter and optical window.
Shotan discloses a method to scan a field of view with optical components and Pan is directed at specifying which kind of optical component is being used and Nishimori is directed at designating pixel order used by the system. Pan and Nishimori teach:
Pan teaches an Optical Bandpass filter (see at least [0051]; "The return light signal 1035 may pass through one or more optical components (e.g., collimation lens, collimation lens assembly, bandpass filters) so that the unwanted signals may be removed and the echo pulses at a modified frequency can be directed, focused onto an active region of a detector 1023." and see at least [0078]; "For example, filters 146, 147 may be optical bandpass filters that have narrow bandwidths of 1 nm - 5 nm and a center wavelength at about 710 nm to remove the unwanted light signal.").
Nishimori teaches pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Collectively, Shotan, Pan, and Nishimori can utilize optical components. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to specify the optical component as taught by Pan and to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to include the optical bandpass filter as one of the optical components being used in Pan to also be used in Shotan. Additionally, one of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the claimed invention is reproduced by specifying an optical bandpass filter as one of the components utilized in what is taught by Shotan from Pan and utilizing more specific elements from Nishimori into Shotan with slight modification.
Regarding claim 12, Shotan discloses [Note: what Shotan fails to disclose is strike-through] The range finding apparatus according to claim 1, wherein both (see at least [00165]; "In some implementations, method 500 may involve adjusting the brightness threshold for each scan of the plurality of scans based on the light intensities of the feedback returns of the scan. For instance, the respective brightness of the returning light pulses from each scan may change due to environmental factors (e.g., scan during night time versus scan during day time, etc.).").
However, Shotan does not explicitly teach pixels having different sensitivity levels nor the order in which pixels receive light i.e., first, second, etc. for the system. Instead, Shotan teaches light intensity variation.
Shotan discloses a method to adjusting brightness threshold for each scan and Pan is directed at using different sensors to capture different levels of sensitivity and Nishimori is directed at designating pixel order used by the system. Pan and Nishimori teach:
Pan teaches High and Low sensitivity pixels (see at least [0004]; "In addition, the InGaAs APD may not have enough detection sensitivity and quality for extremely weak echo signals which have been backscatter from a long distance such as 200 meters." and see at least [0005]; "A SiPM sensor comprises high-sensitivity photodetectors such as single photon avalanche photodiodes (SPAD) which are characterized by a high internal gain of_106 when biased above their breakdown voltage.").
Nishimori teaches pixel order sequence (see at least [0024]; "In the profile generation mode, the light intensity calculation unit 50 calculates the light intensity in the target space on the basis of the first pixel data read from the storage unit 40, and generates the irradiation profile from the received-light luminance profile based on the light intensity. The first pixel data is data obtained on the basis of the first light by the first light source 201.").
Collectively, Shotan, Pan, and Nishimori can use sensors for detecting light reflections. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method used in Shotan to include more specialized sensors as taught by Pan and to include more definitive features as taught by Nishimori. One of ordinary skill would be motivated to add an APD sensor and SiPM sensor to the range finding apparatus to get more specified scans dependent on higher and lower sensitivity pixels utilized by these specific sensors. Additionally, one of ordinary skill would be motivated to utilize the light detectors 432a, 432b, and 432c along with the sensor system to function like a calculation unit from Nishimori to specify which pixels obtain their data in a sequential order. Therefore, the pixels of high and low sensitivity can be detected by combining elements from both Shotan and Pan and by utilizing more specific elements from Nishimori into Shotan with slight modification, the claimed invention is reproduced.
Conclusion
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/MARK ANTHONY FLORES/
Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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