Prosecution Insights
Last updated: August 16, 2026
Application No. 18/534,094

DISTANCE IMAGE CAPTURING DEVICE AND DISTANCE IMAGE CAPTURING METHOD

Non-Final OA §102§103
Filed
Dec 08, 2023
Priority
Dec 13, 2022 — JP 2022-198729 +1 more
Examiner
VASQUEZ JR, ROBERT WILLIAM
Art Unit
4100
Tech Center
4100
Assignee
Toppan Holdings Inc.
OA Round
1 (Non-Final)
10%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
16%
With Interview

Examiner Intelligence

Grants only 10% of cases
10%
Career Allowance Rate
2 granted / 19 resolved
-49.5% vs TC avg
Moderate +6% lift
Without
With
+6.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
26 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
33.9%
-6.1% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§102 §103
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 § 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)(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. (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. Claims 1-6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shoji (United States Patent Application Publication 20220357445 A1), hereinafter Shoji. Regarding claim 1, Shoji teaches a distance image capturing device comprising: a light source unit that irradiates an optical pulse to a space to be measured ([0037] includes a light source 11,); a light receiving unit ([0037] a distance image sensor 10) having: a pixel including a photoelectric conversion element that generates charges according to light incident from the space to be measured and a plurality of charge storage units that store the charges ([0039] The pixel circuit 13 includes semiconductor elements. The pixel circuit 13 includes a photoelectric conversion region 21, charge reading regions 22 1 to 22 3, a charge discharging region 23, control electrodes 24 1 to 24 3, a control electrode 25, and voltage detection means 26 1 to 26 3.); and a pixel drive circuit that performs driving of storing the charges in each of the charge storage units ([0037] The plurality of pixel circuits 13 are arranged in a two-dimensional array in directions in two dimensions (for example, a column direction and a row direction). The plurality of pixel circuits 13 constitute an image sensor. The plurality of pixel circuits 13 generate a detection signal by photoelectrically converting the incident pulsed light LR generated by the pulsed light LP being reflected by the object S.); and a distance image processing unit that controls the pixel drive circuit such that the charges are distributed to the charge storage units and stored in each of the charge storage units at a storage timing synchronized with an emission timing of emitting the optical pulse ([0050] Specifically, first, the charge transfer control means 32 sets durations of the control pulses G1 to G3 and GD to T1=T0. Then, the charge transfer control means 32 outputs the control pulse G1 in a period from t=−2 to −1. The charge transfer control means 32 may exactly match a timing at which the output of the control pulse G1 starts with t=−2, or may slightly delay the timing from t=−2.), and that calculates a distance to an object based on an amount of charges stored in each of the charge storage units ([0045] The distance data validity determination signal SA12 is a sum of a signal components of charge generated from the incident pulsed light LR; [0046] Specifically, the distance calculation reference signal generation means 36 generates the distance calculation reference signal DA12 by using a ratio between a difference between the two detection signals S2 and S3 and the distance data validity determination signal SA12.), wherein the distance image processing unit drives the pixel with three driving patterns including a first pattern, a second pattern, and a third pattern ([0087] FIGS. 10(a) to 10(g) illustrate a control timing of a pattern P1. FIGS. 10(h) to 10(n) illustrate a control timing of a pattern P2. FIGS. 10(o) to 10(u) illustrate a control timing of a pattern P3), calculates a flare light reception timing at which flare light is received, based on a storage signal corresponding to the amount of charges stored in each of the charge storage units of the pixel, in the first pattern ([0050] FIG. 3(f) illustrates a timing at which stray light LF is incident on the photoelectric conversion region 21. This timing is called a “timing of the stray light LF”; [0059] When the stray light LF is incident on the photoelectric conversion region 21 included in the pixel at a position different from a position in which the image of the object S is formed, flare is generated. That is, the stray light LF referred to in the present embodiment), controls the emission timing such that the flare light reception timing and an opening and closing timing of a first gate for storing the charges in a first charge storage unit among the charge storage units in the pixel are the same timing, in the second pattern ([Fig. 10]; [0087] FIGS. 10(a) to 10(e), 10(h) to 10(l), and 10(o) to 10(s) illustrate timings of the control pulses G1 to G4 and GD. FIGS. 10(f), 10(m), and 10(t) illustrate timing of the pulsed light LP and the timing of the incident pulsed light LR. FIGS. 10(g), 10(n) and 10(u) illustrate a timing of stray light LF.), controls such that an emission period of emitting the optical pulse is shorter than an emission period in the second pattern, in the third pattern ([Fig. 10]; [0087] FIGS. 10(a) to 10(e), 10(h) to 10(l), and 10(o) to 10(s) illustrate timings of the control pulses G1 to G4 and GD. FIGS. 10(f), 10(m), and 10(t) illustrate timing of the pulsed light LP and the timing of the incident pulsed light LR. FIGS. 10(g), 10(n) and 10(u) illustrate a timing of stray light LF.), and calculates a flare signal amount corresponding to a light amount of the flare light received by the pixel, by using a subtraction value obtained by subtracting the storage signal in the third pattern from the storage signal in the second pattern, to calculate the distance to the object by using the calculated flare signal amount ([0045] The distance data validity determination signal SA12 is a sum of a signal components of charge generated from the incident pulsed light LR obtained by subtracting a signal component of the background light among detection signals S2 and S3; [0059] That is, the stray light LF referred to in the present embodiment means noise light that cannot be used as a basis for distance calculation and can be noise in the distance calculation.; [0060] The detection signals S2 and S3 obtained in another time window (the control pulses G2 and G3) are used to measure the distance; [0061] Therefore, the distance image sensor 10 can curb the influence of the flare.). Regarding claim 2, Shoji teaches the distance image capturing device according to claim 1, wherein by using a shortened period that is a difference between the emission period in the third pattern and the emission period in the second pattern ([0046] Specifically, the distance calculation reference signal generation means 36 calculates a ratio between a difference value S1-3 of one set S1, S3), the distance image processing unit sets the subtraction value as a partial flare signal amount corresponding to a light amount of the flare light in the shortened period, and calculates a value obtained by multiplying a value, obtained by dividing the partial flare signal amount by the shortened period, by the emission period in the second pattern, as the flare signal amount ([0046] Specifically, the distance calculation reference signal generation means 36 calculates a ratio between a difference value S1-3 of one set S1, S3 of the detection signals among the first to fourth detection signals S1 to S4 and the distance data validity determination signal SA to generate a first distance calculation reference signal XR.). Regarding claim 3, Shoji teaches the distance image capturing device according to claim 2, wherein the shortened period is set to a period that an amount of charges corresponding to the flare light among the amount of charges stored in the first charge storage unit in the second pattern is different from an amount of charges corresponding to the flare light among the amount of charges stored in the first charge storage unit in the third pattern ([Fig. 2]; [0038] Here, one frame period (Tf), which is a repetition period of the distance calculation in the computation circuit 12 includes four types of subframe periods F1 to F4 in which the timings of the control pulses G1 to G4 and the GD with respect to the respective generation timings of the pulsed light LP are different, and a readout period R which is a period for reading out the first to fourth detection signals between these periods, as illustrated in FIG. 2.; [0039] The charge transfer control means 32 of the computation circuit 12 sets the timing of the control pulses G1 to G4 so that the delay times of the control pulses G1 to G4 with respect to each generation timing of the pulsed light LP are shifted to a time differing between the four types of subframe periods F 1 to F4.), and an amount of charges corresponding to a reflected light that the optical pulse is reflected by an object among the amount of charges stored in the first charge storage unit in the second pattern is equal to an amount of charges corresponding to the reflected light among the amount of charges stored in the first charge storage unit in the third pattern ([0038] four types of subframe periods F1 to F4 having different periods may be repeated in any predetermined order as illustrated in each of parts (b), (c), and (d) of FIG. 2.; [0039] The charge transfer control means 32 of the computation circuit 12 sets the timing of the control pulses G1 to G4 so that the delay times of the control pulses G1 to G4 with respect to each generation timing of the pulsed light LP are shifted to a time differing between the four types of subframe periods F 1 to F4.). Regarding claim 4, Shoji teaches the distance image capturing device according to claim 2, wherein the shortened period is a period corresponding to 1 clock of a clock signal used to control the emission period ([0044] the distance calculation means repeatedly performs the following distance calculation on the first to fourth detection signals S1 to S4 read out in the readout period R at each timing of the readout period R illustrated in part (a) of FIG. 2 (that is, according to an end timing of each of the subframe periods F1 to F4)). Regarding claim 5, Shoji teaches the distance image capturing device according to claim 2, wherein the distance image processing unit performs correction of adding a distance corresponding to the shortened period to a distance calculated by using a signal amount obtained by subtracting the flare signal amount from a first storage signal corresponding to an amount of the charges stored in the first charge storage unit in the second pattern, and calculates the corrected distance as the distance to the object ([0045] The distance data validity determination signal generation means 33 constituting the distance calculation means generates, as the distance data validity determination signal SA, a sum value of the signal components of the charge generated from the incident pulsed light LR other than signal components of background light in the first to fourth detection signals S1 to S4 output from the pixel circuit 13 in correspondence to the light emission timing of the pulsed light LP on the basis of the first to fourth detection signals S1 to S4. The distance data validity determination signal SA is a signal indicating whether or not the first to fourth detection signals S1 to S4 strongly reflect the incident pulsed light LR, and is a signal for determining whether or not the calculation of the distance based on the first to fourth detection signals S1 to S4 is valid.). Regarding claim 6, Shoji teaches the distance image capturing device according to claim 1, wherein in a case where in the first pattern, a difference between the flare light reception timing and the first gate opening and closing timing is not an integral multiple of a period corresponding to 1 clock of a clock signal used to control the emission period, the distance image processing unit controls the emission timing in the second pattern such that the difference between the flare light reception timing and the first gate opening and closing timing is less than a period corresponding to 1 clock of the clock signal, and calculates the flare signal amount, by using a subtraction value obtained by subtracting the storage signal in the third pattern from the storage signal in the second pattern and the difference ([Fig. 6]; [0045] The distance data validity determination signal generation means 33 constituting the distance calculation means generates, as the distance data validity determination signal SA, a sum value of the signal components of the charge generated from the incident pulsed light LR other than signal components of background light in the first to fourth detection signals S1 to S4 output from the pixel circuit 13 in correspondence to the light emission timing of the pulsed light LP on the basis of the first to fourth detection signals S1 to S4. The distance data validity determination signal SA is a signal indicating whether or not the first to fourth detection signals S1 to S4 strongly reflect the incident pulsed light LR, and is a signal for determining whether or not the calculation of the distance based on the first to fourth detection signals S1 to S4 is valid.). Regarding claim 8, Shoji teaches the distance image capturing device according to claim 1, wherein in a case where in the first pattern, a difference between the flare light reception timing and the first gate opening and closing timing is not an integral multiple of a period corresponding to 1 clock of a clock signal used to control the emission period, and a control pulse that controls emission of the optical pulse has waveform rounding, the distance image processing unit controls the emission timing in the second pattern such that the difference between the flare light reception timing and the first gate opening and closing timing is less than a period corresponding to 1 clock of the clock signal, and calculates the flare signal amount, by using a subtraction value obtained by subtracting the storage signal in the third pattern from the storage signal in the second pattern, the difference, and a waveform characteristic of the control pulse ([Fig. 6]; [0045] The distance data validity determination signal generation means 33 constituting the distance calculation means generates, as the distance data validity determination signal SA, a sum value of the signal components of the charge generated from the incident pulsed light LR other than signal components of background light in the first to fourth detection signals S1 to S4 output from the pixel circuit 13 in correspondence to the light emission timing of the pulsed light LP on the basis of the first to fourth detection signals S1 to S4. The distance data validity determination signal SA is a signal indicating whether or not the first to fourth detection signals S1 to S4 strongly reflect the incident pulsed light LR, and is a signal for determining whether or not the calculation of the distance based on the first to fourth detection signals S1 to S4 is valid.). Regarding claim 9, Shoji teaches a distance image capturing method performed by a distance image capturing device including a light source unit that irradiates an optical pulse to a space to be measured ([0037] includes a light source 11,), a light receiving unit ([0037] a distance image sensor 10) having a pixel including a photoelectric conversion element that generates charges according to light incident from the space to be measured and a plurality of charge storage units that store the charges ([0039] The pixel circuit 13 includes semiconductor elements. The pixel circuit 13 includes a photoelectric conversion region 21, charge reading regions 22 1 to 22 3, a charge discharging region 23, control electrodes 24 1 to 24 3, a control electrode 25, and voltage detection means 26 1 to 26 3.), and a pixel drive circuit that performs driving of storing the charges in each of the charge storage units ([0037] The plurality of pixel circuits 13 are arranged in a two-dimensional array in directions in two dimensions (for example, a column direction and a row direction). The plurality of pixel circuits 13 constitute an image sensor. The plurality of pixel circuits 13 generate a detection signal by photoelectrically converting the incident pulsed light LR generated by the pulsed light LP being reflected by the object S.), and a distance image processing unit that controls the pixel drive circuit such that the charges are distributed to the charge storage units and stored in each of the charge storage units at a storage timing synchronized with an emission timing of emitting the optical pulse ([0050] Specifically, first, the charge transfer control means 32 sets durations of the control pulses G1 to G3 and GD to T1=T0. Then, the charge transfer control means 32 outputs the control pulse G1 in a period from t=−2 to −1. The charge transfer control means 32 may exactly match a timing at which the output of the control pulse G1 starts with t=−2, or may slightly delay the timing from t=−2.), and calculates a distance to an object based on an amount of charges stored in each of the charge storage units ([0045] The distance data validity determination signal SA12 is a sum of a signal components of charge generated from the incident pulsed light LR; [0046] Specifically, the distance calculation reference signal generation means 36 generates the distance calculation reference signal DA12 by using a ratio between a difference between the two detection signals S2 and S3 and the distance data validity determination signal SA12.), the method comprising: via the distance image processing unit, driving the pixel with three driving patterns including a first pattern, a second pattern, and a third pattern ([0087] FIGS. 10(a) to 10(g) illustrate a control timing of a pattern P1. FIGS. 10(h) to 10(n) illustrate a control timing of a pattern P2. FIGS. 10(o) to 10(u) illustrate a control timing of a pattern P3); calculating a flare light reception timing at which flare light is received, based on a storage signal corresponding to the amount of charges stored in each of the charge storage units of the pixel, in the first pattern ([0050] FIG. 3(f) illustrates a timing at which stray light LF is incident on the photoelectric conversion region 21. This timing is called a “timing of the stray light LF”; [0059] When the stray light LF is incident on the photoelectric conversion region 21 included in the pixel at a position different from a position in which the image of the object S is formed, flare is generated. That is, the stray light LF referred to in the present embodiment); controlling the emission timing such that the flare light reception timing and an opening and closing timing of a first gate for storing the charges in a first charge storage unit among the charge storage units in the pixel are the same timing, in the second pattern ([Fig. 10]; [0087] FIGS. 10(a) to 10(e), 10(h) to 10(l), and 10(o) to 10(s) illustrate timings of the control pulses G1 to G4 and GD. FIGS. 10(f), 10(m), and 10(t) illustrate timing of the pulsed light LP and the timing of the incident pulsed light LR. FIGS. 10(g), 10(n) and 10(u) illustrate a timing of stray light LF.); controlling such that an emission period of emitting the optical pulse is shorter than an emission period in the second pattern, in the third pattern ([Fig. 10]; [0087] FIGS. 10(a) to 10(e), 10(h) to 10(l), and 10(o) to 10(s) illustrate timings of the control pulses G1 to G4 and GD. FIGS. 10(f), 10(m), and 10(t) illustrate timing of the pulsed light LP and the timing of the incident pulsed light LR. FIGS. 10(g), 10(n) and 10(u) illustrate a timing of stray light LF.); and calculating a flare signal amount corresponding to a light amount of the flare light received by the pixel, by using a subtraction value obtained by subtracting the storage signal in the third pattern from the storage signal in the second pattern, to calculate the distance to the object by using the calculated flare signal amount ([0045] The distance data validity determination signal SA12 is a sum of a signal components of charge generated from the incident pulsed light LR obtained by subtracting a signal component of the background light among detection signals S2 and S3; [0059] That is, the stray light LF referred to in the present embodiment means noise light that cannot be used as a basis for distance calculation and can be noise in the distance calculation.; [0060] The detection signals S2 and S3 obtained in another time window (the control pulses G2 and G3) are used to measure the distance; [0061] Therefore, the distance image sensor 10 can curb the influence of the flare.). 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shoji in view of Webster et al. (United States Patent No. 8822875 B2) hereinafter Webster. Regarding claim 7, Shoji teaches the distance image capturing device according to claim 1, wherein the distance image processing unit calculates the flare signal amount, by using a subtraction value obtained by subtracting the storage signal in the third pattern from the storage signal in the second pattern ([0046] Specifically, the distance calculation reference signal generation means 36 calculates a ratio between a difference value S1-3 of one set S1, S3 of the detection signals among the first to fourth detection signals S1 to S4 and the distance data validity determination signal SA to generate a first distance calculation reference signal XR.) Shoji fails to teach the device wherein in a case where a control pulse for controlling the emission of the optical pulse has waveform rounding, the distance image processing unit calculates the flare signal amount by using a waveform characteristic of the control pulse. However, Webster teaches in a case where a control pulse for controlling the emission of the optical pulse has waveform rounding ([Col. 24, line 62-64] Additional shaping steps (which may include denoising, averaging, envelope shaping) may then be applied to further optimize these waveforms.), the distance image processing unit calculates the flare signal amount by using a waveform characteristic of the control pulse ([Col. 24, line 4-11] Methods and algorithms may be used to process the raw data and/or provide feedback parameters, and may include steps of background spectrum subtraction, resampling/interpolation between the spectrometer pixels, wavelength and/or frequency space, noise floor equalization, fast Fourier transformation, Kasai autocorrelation/Doppler shifting and/or other calculations based on the phase and/or separation of interference fringes.). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Shoji to comprise the waveform rounding and implementing it into the distance calculation similar to Webster, with a reasonable expectation of success. This would have the predictable result of using a technique known to the art as a method to further reduce the influence of flare signals on the distance calculation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 8:00-5:00 PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HELAL ALGAHAIM can be reached at (571)270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT W VASQUEZ/Examiner, Art Unit 3645 /HELAL A ALGAHAIM/SPE , Art Unit 3645
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Prosecution Timeline

Dec 08, 2023
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
10%
Grant Probability
16%
With Interview (+6.0%)
4y 2m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
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