DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Claims 1 and 3-21 are currently pending.
Independent claim(s) 1 and 13, and dependent claims 3-7 have been amended by applicant’s amendments received 21 May 2026. No new matter has been introduced.
Claim(s) 2 have been canceled, and therefore the prior rejections is/are moot.
Claims 14-21 have been added by applicant’s amendments.
Prior objections of the drawings have been overcome by amendment and are therefore withdrawn.
Prior objections of the specification have been overcome by amendment and are therefore withdrawn.
Prior rejections of claims 2-7 under USC § 112(b) have been overcome by amendment and are therefore withdrawn.
Prior rejections of claim 4 under USC § 103 have been withdrawn.
Response to Arguments
Applicant's arguments regarding the following, filed 21 May 2026, have been fully considered but they are not persuasive.
In response to applicant’s arguments that Zheng cannot anticipate a system which modifies an emission direction and a receiver/pixel location in two perpendicular directions (Remarks, pg. 9), the examiner respectfully notes that these arguments are more restrictive a scope than the claims as currently written. Zheng anticipates a system which teaches capabilities in both scanning a field of view and modifying a return/reflected light path or sensor array location, and where both emission and detection shifts may occur in both a horizontal and a vertical direction ([0079], [0083] – 0086], [0094], [0106]). In most cases, Zheng teaches this as occurring in both a horizontal and a vertical direction for pixel location, and generally discusses one dimensional scanning of the environment. As the current claim language does not limit the direction of the pixel shift to be in only the direction perpendicular to the shift in emission, a system which scans horizontally and shifts pixels in both a vertical and horizontal direction would anticipate the claim as written.
In response to applicant's argument that Wilton may not be combined with Zheng to teach a scanning system which utilizes single photon avalanche diode (SPADs) as the individual detector components (Remarks, pg. 11), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Zheng discloses use of an avalanche photodiode (APD) array ([0038]), and one of ordinary skill in the art understands that SPADs are just Geiger mode operated APDs, and the two systems would not fundamentally operate different in the context of the limitations as claimed.
Applicant’s arguments, see Remarks pgs. 10-11, filed 21 May 2026, with respect to the rejection of claim 4 under 35 USC § 103 have been fully considered and are persuasive. The rejections of claim 4 has been withdrawn. An updated objection may be found below, under “Allowable Subject Matter’.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1,3, 5, 7-10, 13-14, 16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zheng et al. (hereinafter Zheng, US 20200191959 A1).
Regarding claims 1 and 13, Zheng anticipates a distance measuring device and a distance measuring method for operation of the distance measuring device, comprising:
a light source that emits pulsed irradiation light ([0033]; Fig. 2, source (201) emits pulsed light);
a scanning unit that scans the irradiation light in a first direction ([0042] - [0043]; emitter may include one or more beam steering devices such as 1D or 2D mirrors);
a light-receiving unit that receives incident light including reflected light with respect to the irradiation light ([0038]; Fig. 2 detector (204));
a distance measuring unit that performs distance measurement based on the incident light ([0028], [0031]; Fig. 1 ToF (105));
and a control unit ([0041]) that shifts an irradiation direction of the irradiation light in the first direction within a range smaller than a resolution in the first direction between frames by controlling at least one of the light source and the scanning unit ([0042] - [0043], [0068], [0076] - [0078], [0090] - [0091]; where the system may shift emission in a scanning direction by changes smaller than a resolution of the system between collection of frames of data by adjusting operation of the emitter, the beam steering device or both to scan in a horizontal and/or vertical scanning direction),
wherein the light-receiving unit has a pixel array unit in which pixels each having a plurality of light-receiving elements arranged two-dimensionally are arranged in a second direction and a third direction, the second direction being aligned with the first direction and the first direction being perpendicular to the second direction ([0038], [0073], [0078]; Figs. 9, 10, where Fig. 10 shows a 2D arrangement of devices (1002) within a detector (1001) which may make up a pixel, and each portion of the FOV (911) maps to a pixel of the detection device (912) such that both the FOV and the photo detection device array exist in the same 2-dimensions),
and the control unit shifts positions of the pixels in the pixel array unit in the third direction within a range smaller than a pixel pitch between frames ([0076] - [0077], [0084] - [0085], where shifting of pixels may be approximately half the pixel pitch in a horizontal and/or vertical direction).
Regarding claim 2, Zheng anticipates the distance measuring device according to claim 1, wherein
the light-receiving unit has a pixel array unit in which pixels each having a plurality of light-receiving elements arranged two-dimensionally are arranged in a third direction perpendicular to a second direction corresponding to the first direction ([0073]; Figs. 9, 10, where Fig. 10 shows a 2D arrangement of devices (1002) within a detector (1001) which may make up a pixel, and each portion of the FOV (911) maps to a pixel of the detection device (912)),
and the control unit shifts positions of the pixels in the pixel array unit in the third direction within a range smaller than a pixel pitch between frames ([0076] - [0077], [0084] - [0085], where shifting of pixels may be approximately half the pixel pitch in a given direction).
Regarding claim 3, Zheng anticipates the distance measuring device according to claim 1, wherein
the control unit shifts the irradiation direction of the irradiation light in the first direction by 1/2 of the resolution in the first direction between frames ([0043], [0068], [0076] - [0077]; where the system may shift emission in a scanning direction by changes smaller than a resolution of the system between collection of frames of data by adjusting operation of the emitter, the beam steering device or both), and shifts the positions of the pixels in the pixel array unit in the third direction by 1/2 of the pixel pitch ([0081] - [0085]; Fig. 12 where shifting of pixels may be approximately half the pixel pitch in a given direction).
Regarding claim 5, Zheng anticipates the distance measuring device according to claim 1, wherein
in each of the pixels, the light-receiving elements are arranged in the second direction and the third direction ([0073]; Fig. 10, shows a 2D arrangement of devices (1002) within a detector (1001) which may make up a pixel).
Regarding claim 7, Zheng anticipates the distance measuring device according to claim 1, wherein
the resolution in the first direction corresponds to a pixel pitch in the second direction of the pixel array unit ([0078], [0080]).
Regarding claims 8 and 9, Zheng anticipates the distance measuring device according to claim 1, wherein
the control unit shifts the irradiation direction of the irradiation light by a predetermined shift amount in the first direction between frames, and the shift amount is 1/3 or more and 2/3 or less of the resolution in the first direction ([0090] - [0091]; where the system may shift the pixels allocated for a frame by altering the spatial location, optical path or other mechanisms within the LIDAR system),
wherein the shift amount is 1/2 of the resolution in the first direction ([0081] - [0085]; Fig. 12 where shifting of pixels may be approximately half the pixel pitch in a given direction).
Regarding claim 10, Zheng anticipates the distance measuring device according to claim 1, wherein
the control unit shifts the irradiation direction of the irradiation light to the first direction by controlling at least one of a timing of emitting the irradiation light from the light source and a timing of scanning the irradiation light by the scanning unit ([0041], [0066], where timer (305) may adjust timing of emission with scanning).
As Zheng anticipates the distance measuring device of claim 1 and the distance measuring method for operation of the distance measuring device of claim 13, claims 14, 16 and 18-20 are similarly rejected to claims 3, 5 and 7-10, respectively.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6, 11-12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (hereinafter Zheng, US 20200191959 A1) in view of Wilton et al. (hereinafter Wilton, US 20170350967 A1).
Regarding claim 6, Zheng teaches the distance measuring device according to claim 1, but does not teach specific use of a SPAD as a detection element.
Wilton teaches a LiDAR system and method of operation which defines system parameters useful in improving signal to noise, by control of system scanning and field of view (FOV) control, where
the light-receiving element is a SPAD (Single Photon Avalanche Diode) ([0029], [0032], where the detector elements are Geiger-mode avalanche photo diodes (APD)s, which are more commonly known as single photon avalanche diodes (SPADs)).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Zheng to incorporate the teachings of Wilton to utilize an array of APDs operated in Geiger mode for detection with a reasonable expectation of success. As Zheng teaches a system with an array of APDs ([0030]), integration of SPADs (GmAPDs) is a simple substitution of two elements with predictable results to one of ordinary skill in the art for single photon detection purposes.
Regarding claim 11, Zheng teaches the distance measuring device according to claim 1, where the system optics may be used to define, shape or otherwise change the emitted beam for scanning the environment ([0046] – [0051]; Figs. 5-7) but does not teach explicitly that emitted light is elongated in a direction perpendicular to the scanning direction.
Wilton teaches a LiDAR system and method of operation which defines system parameters useful in improving signal to noise, by control of system scanning and field of view (FOV) control, where the irradiation light extends long in a direction perpendicular to the first direction ([0041], [0076]; Figs 7A, 7B where sub-region (120, 220) is scanned across the width of the scene).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Zheng to incorporate the teachings of Wilton to utilize an elongated scanning illumination pattern with a reasonable expectation of success. Wilton notes that laser density may be shaped to match an instantaneous field of view ([0049]), and so modification of the emitted beam shapes and profiles to scan with the system of Zheng would be an obvious variation to one of ordinary skill in the art, these beam shaping techniques are a known part of LiDAR and object detection.
Regarding claim 12, Zheng teaches the distance measuring device according to claim 1, but does not teach explicitly that the system scans in a left-right pattern.
Wilton teaches a LiDAR system and method of operation which defines system parameters useful in improving signal to noise, by control of system scanning and field of view (FOV) control, where the first direction is a left-right direction ([0041], [0076]; Figs 7A, 7B where sub-region (120, 220) is scanned across the width of the scene which corresponds to a horizontal translation).
Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Zheng to incorporate the teachings of Wilton to scan the environment in a horizontal, or left-right, fashion with a reasonable expectation of success. Scanning in such a manner is a well-known variation to scanning in the art of LiDAR, and choosing to scan in a horizontal fashion as taught by Wilton would be a predictable variation. Wilton notes that automotive LiDAR systems require large FOVs in both the vertical and horizontal, but the horizontal requires a larger (and sometimes 360°) FOV ([0027] – [0028]) and one of ordinary skill in the art would understand that this is due to the fact that the horizontal plane where most objects pose a threat of collision, so it would make sense that the system is equipped to scan in the horizontal plane.
As Zheng teaches the distance measuring device of claim 1 and the distance measuring method for operation of the distance measuring device of claim 13, claim 17 is similarly rejected to claim 6.
Allowable Subject Matter
Claims 4 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim(s) 4 and 15 incorporate limitations which are not explicitly taught by the applicable prior art of record or prior art found during subsequent search. The closest applicable art of record Zheng et al. (hereinafter Zheng, US 20200191959 A1) in view of Iwabuchi et al. (hereinafter Iwabuchi, US 20070140529 A1) does not explicitly teach or render obvious a system which alternates between frames where a shift of the illumination direction occurs and frames where a pixel shift occurs.
Zheng teaches the distance measuring device according to claim 1 and the method for operating the distance measuring device according to claim 13, where the system may shift pixel locations in both a horizontal and vertical manner depending on needs of the system ([0081] – [0093; Figs. 12-14) but does not teach alternating shifts between frames, which includes both alternating directions (between x and y, for example) nor teach alternating between modifying an illumination direction and a pixel shift.
Iwabuchi teaches an image processing method and system where the control unit shifts the pixel location in the first direction by 1/2 of the resolution in the first direction in one of odd-numbered frames and even-numbered frames and shifts the positions of the pixels in the pixel array unit in the third direction by 1/2 of the pixel pitch in the other frames ([0096] - [0097]; where a system may be equipped with a pixel shifting circuit which performs pixel shifting in one direction (X) for odd frames and in a second, perpendicular direction (Y) for even frames).
To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Zheng to incorporate the teachings of Iwabuchi to alternate the shifts in the pixel locations between even and odd frames with a reasonable expectation of success, as Zheng teaches both modifying emission direction and/or pixel location for scanning purposes as needed by the system. Modifying parameters of a LIDAR system between scans and/or frames is well known in the art, and integration of alternating shifts of pixel locations in two directions based on even/odd frames as taught by Iwabuchi would have a predictable result in the system of Zheng to adjust only one directional parameter of the pixel location of every frame. However, neither Zheng nor Iwabuchi, individually or combined, render obvious a system which alternates between changes in the emission direction in a given direction (such as horizontal) in all even or odd frames, and changes in the pixel location in a perpendicular direction (such as vertical) in the remaining odd or even frames.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Campbell et al. (US 20180284241 A1) teaches a lidar system which includes a scanner, emitter, and receiver where a detector field of view may be moved, or resized to improve operation of the system.
Ishikawa (US 20110170600 A1) teaches an apparatus and method of image processing for motion detection within images, where pixel shifting compared to a reference frame may be implemented or compensated for to improve detection.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable.
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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.
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/K.M.R./Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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