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 .
Response to Amendments
The Amendment filed July 20th, 2026 has been entered. Claims 1-15 remain pending in the application. Applicant's amendments to the Claims have overcome each and every objection previously set forth in the Non-Final office Action mailed June 23rd, 2026.
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, 5-7, 11 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Iguchi et al. (United States Patent Application Publication 20220308212 - claiming foreign priority to JP 2021051645 A), hereinafter Iguchi.
Regarding claim 1, Iguchi teaches a light receiving device, comprising: a light receiving unit including a first light receiving element that receives light emitted by a first light emitting element and a second light receiving element that receives light emitted by a second light emitting element that is disposed adjacent to the first light emitting element and shares an anode terminal or a cathode terminal with the first light emitting element ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83.); and
a controller that controls the first light receiving element and the second light receiving element to cause the first light receiving element and the second light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
Regarding claim 5, Iguchi teaches the light receiving device according to claim 1, wherein the light receiving unit includes a third light receiving element that is disposed adjacent to the first light emitting element sharing an anode terminal or a cathode terminal with the first light emitting element and that receives light emitted by a third light emitting element ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83; [0058] In an example of FIG. 4, as indicated by broken lines, the light source 20 is partitioned into 12 (4×3) light-emitting partitions 24 11 to 24 34, but the number of light-emitting partitions is not limited thereto.), and
the controller controls the first light receiving element, the second light receiving element, and the third light receiving element to cause the first light receiving element, the second light receiving element, and the third light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
Regarding claim 6, Iguchi teaches a distance measuring device, comprising: a light emitting unit including a first light emitting element, and a second light emitting element that is disposed adjacent to the first light emitting element sharing an anode terminal or a cathode terminal with the first light emitting element ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83.);
a light receiving unit including a first light receiving element that receives light emitted by the first light emitting element and a second light receiving element that receives light emitted by the second light emitting element ([Fig. 6]; [0082] In the present exemplary embodiment, as shown in FIG. 6, the 3D sensor 5 is partitioned into plural light-receiving partitions 26. The light-receiving partition 26 includes one or more light-receiving elements PD); and
a controller that controls the first light receiving element and the second light receiving element to cause the first light receiving element and the second light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
Regarding claim 7, Iguchi teaches a method for controlling a light receiving device including: a light receiving unit including a first light receiving element that receives light emitted by a first light emitting element and a second light receiving element that receives light emitted by a second light emitting element that is disposed adjacent to the first light emitting element and shares an anode terminal or a cathode terminal with the first light emitting element; and a controller that controls the light receiving unit ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83.), the method comprising
controlling, by the controller, the first light receiving element and the second light receiving element to cause the first light receiving element and the second light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
Regarding claim 11, Iguchi teaches the distance measuring device according to claim 6, wherein the light receiving unit includes a third light receiving element that is disposed adjacent to the first light emitting element sharing an anode terminal or a cathode terminal with the first light emitting element and that receives light emitted by a third light emitting element ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83; [0058] In an example of FIG. 4, as indicated by broken lines, the light source 20 is partitioned into 12 (4×3) light-emitting partitions 24 11 to 24 34, but the number of light-emitting partitions is not limited thereto.), and
the controller controls the first light receiving element, the second light receiving element, and the third light receiving element to cause the first light receiving element, the second light receiving element, and the third light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
Regarding claim 15, Iguchi teaches the method for controlling a light receiving device according to claim 7, wherein the light receiving unit includes a third light receiving element that is disposed adjacent to the first light emitting element sharing an anode terminal or a cathode terminal with the first light emitting element and that receives light emitted by a third light emitting element ([0091] In step S108, VCSELs belonging to second light-emitting partition 24 other than the first light-emitting partitions 24 are caused to emit light, received light amounts of light-receiving elements belonging to the light-receiving partition 26 corresponding to the second light-emitting partition 24 that emits light are acquired from the 3D sensor 5, [0065] As described above, the light source 20 is configured by connecting the plural VCSELs in parallel. The anode electrode 218 of the VCSEL (see FIG. 3, referred to as [A] in FIG. 5) is connected to the power supply line 83; [0058] In an example of FIG. 4, as indicated by broken lines, the light source 20 is partitioned into 12 (4×3) light-emitting partitions 24 11 to 24 34, but the number of light-emitting partitions is not limited thereto.), and the method further comprises:
controlling the first light receiving element, the second light receiving element, and the third light receiving element to cause the first light receiving element, the second light receiving element, and the third light receiving element to receive light when the first light emitting element emits light ([0101] FIG. 11 is a flowchart showing a flow of a measurement processing executed by the control unit 8 of the measurement apparatus 1 according to the present exemplary embodiment; [Fig. 11]).
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.
Claims 2, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi in view of Ning et al (United States Patent Application Publication 20190277944 A1), hereinafter Ning.
Regarding claim 2, Iguchi, teaches the light receiving device according to claim 1,
Iguchi fails to teach the device wherein the controller is configured to determine that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light.
However, Ning teaches the device wherein the controller is configured to determine that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light ([0057] On the other hand, if it is determined in S23 that the distance RA (TA) does not match with the distance RA (TB) (“NO” in S23), the detection portion 32 determines that the abnormality occurs in at least any one of the light projecting portion 21 of the first light projector/receiver 20A and the light projecting portion 21 of the second light projector/receiver 20B; [Fig. 1]; [Fig. 6]).
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 Iguchi to comprise the abnormal signal detection similar to Ning, with a reasonable expectation of success. This would have the predictable result of detecting errors based on incorrect signal transmission for calibration and correction purposes.
Regarding claim 8, Iguchi teaches the distance measuring device according to claim 6,
Iguchi fails to teach the device wherein the controller is configured to determine that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light
However, Ning teaches the device wherein the controller is configured to determine that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light ([0057] On the other hand, if it is determined in S23 that the distance RA (TA) does not match with the distance RA (TB) (“NO” in S23), the detection portion 32 determines that the abnormality occurs in at least any one of the light projecting portion 21 of the first light projector/receiver 20A and the light projecting portion 21 of the second light projector/receiver 20B; [Fig. 1]; [Fig. 6])
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 Iguchi to comprise the abnormal signal detection similar to Ning, with a reasonable expectation of success. This would have the predictable result of detecting errors based on incorrect signal transmission for calibration and correction purposes.
Regarding claim 12, Iguchi teaches the method for controlling a light receiving device according to claim 7,
Iguchi fails to teach the method of determining that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light.
However, Ning teaches the method of determining that a light emitting unit including the first light emitting element and the second light emitting element is abnormal in a case where the second light receiving element detects light when the first light emitting element emits light ([0057] On the other hand, if it is determined in S23 that the distance RA (TA) does not match with the distance RA (TB) (“NO” in S23), the detection portion 32 determines that the abnormality occurs in at least any one of the light projecting portion 21 of the first light projector/receiver 20A and the light projecting portion 21 of the second light projector/receiver 20B; [Fig. 1]; [Fig. 6]).
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 Iguchi to comprise the abnormal signal detection similar to Ning, with a reasonable expectation of success. This would have the predictable result of detecting errors based on incorrect signal transmission for calibration and correction purposes.
Claims 3-4, 9-10, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi in view of Ning, further in view of Tan et al. (United States Patent Application Publication 20070181810 A1), hereinafter Tan
Regarding claim 3, Iguchi, as modified, teaches the light receiving device according to claim 2,
Iguchi fails to teach the device wherein the light receiving device is installed on a mobile body.
However, Tan teaches the device wherein the light receiving device is installed on a mobile body ([0016] FIG. 1 illustrates a laser and optics system 100, in accordance with the invention, for use in lidar systems and particularly vehicle based lidar systems).
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 Iguchi, as modified by Ning, to comprise the mobile body attachment similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the device in a known configuration to assist in autonomous vehicle operations.
Regarding claim 4, Iguchi, as modified, teaches the light receiving device according to claim 3,
Iguchi fails to teach the device wherein when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, the controller performs control to switch the automatic driving to a manual driving or stop the mobile body.
However, Tan teaches the device wherein when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, the controller performs control to switch the automatic driving to a manual driving or stop the mobile body ([0026] That information is passed to vehicle control and safety systems 350, which uses the information in automatic or semi-automatic safety systems (e.g., automatic emergency braking, headlight control, horn control, ACC, etc.) and/or provides information to the vehicle operator via one or more human interfaces (351-359)).
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 Iguchi, as modified by Ning, to comprise autonomous vehicle operation control similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the known device configuration on an autonomous vehicle and using the detected signal to aid in vehicle operation and collision prevention.
Regarding claim 9, Iguchi, as modified, teaches the distance measuring device according to claim 8,
Iguchi fails to teach the device wherein the distance measuring device is installed on a mobile body.
However, Tan teaches the device wherein the distance measuring device is installed on a mobile body ([0016] FIG. 1 illustrates a laser and optics system 100, in accordance with the invention, for use in lidar systems and particularly vehicle based lidar systems).
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 Iguchi, as modified by Ning, to comprise the mobile body attachment similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the device in a known configuration to assist in autonomous vehicle operations.
Regarding claim 10, Iguchi, as modified, teaches the distance measuring device according to claim 9,
Iguchi fails to teach the device wherein when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, the controller performs control to switch the automatic driving to a manual driving or stop the mobile body.
However, Tan teaches the device wherein when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, the controller performs control to switch the automatic driving to a manual driving or stop the mobile body ([0026] That information is passed to vehicle control and safety systems 350, which uses the information in automatic or semi-automatic safety systems (e.g., automatic emergency braking, headlight control, horn control, ACC, etc.) and/or provides information to the vehicle operator via one or more human interfaces (351-359)).
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 Iguchi, as modified by Ning, to comprise autonomous vehicle operation control similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the known device configuration on an autonomous vehicle and using the detected signal to aid in vehicle operation and collision prevention.
Regarding claim 13, Iguchi, as modified, teaches the method for controlling a light receiving device according to claim 12,
Iguchi fails to teach the method wherein the light receiving device is installed on a mobile body.
However, Tan teaches the method wherein the light receiving device is installed on a mobile body ([0016] FIG. 1 illustrates a laser and optics system 100, in accordance with the invention, for use in lidar systems and particularly vehicle based lidar systems).
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 Iguchi, as modified by Ning, to comprise the mobile body attachment similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the device in a known configuration to assist in autonomous vehicle operations.
Regarding claims 14, Iguchi, as modified, teaches the method for controlling a light receiving device according to claim 13,
Iguchi fails to teach the method comprising when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, performing control to switch the automatic driving to a manual driving or stop the mobile body.
However, Tan teaches the method comprising when it is determined that the light emitting unit is abnormal while the mobile body is traveling in an automatic driving, performing control to switch the automatic driving to a manual driving or stop the mobile body ([0026] That information is passed to vehicle control and safety systems 350, which uses the information in automatic or semi-automatic safety systems (e.g., automatic emergency braking, headlight control, horn control, ACC, etc.) and/or provides information to the vehicle operator via one or more human interfaces (351-359)).
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 Iguchi, as modified by Ning, to comprise autonomous vehicle operation control similar to Tan, with a reasonable expectation of success. This would have the predictable result of using the known device configuration on an autonomous vehicle and using the detected signal to aid in vehicle operation and collision prevention.
Response to Arguments
Applicant's arguments filed July 20th, 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument on page 8 of Applicant Arguments/Remarks regarding the argument that Iguchi does not teach relationship between the first and second light receiving elements and the first and second light emitting elements or controlling the first and second light receiving element to receive light when the first light emitting element emits light, the examiner disagrees. While Iguchi teaches a VSCEL as described by the applicant, the claim limitations presented are not so narrow that they exclude the description outlined by Iguchi from teaching the broadest reasonable interpretation of the claim as written, to one of ordinary skill in the art. This the metric by which claims are set to be examined and barring further amendment to outline how the relationship of emitting and receiving elements is patentably distinct over the prior art of record in the immediate application. The rejection is maintained in this Final Office Action.
Further, regarding the argument that Ning fails to disclose the determining based on detection of light by the second light receiving element during emission by the first light emitting element, Once again examiner notes the metric of examination of the broadest reasonable interpretation to one of ordinary skill in the art. While Ning does not use the same vernacular as the immediate application, the prior art outlines a system that looks for abnormal cases in either detection timeline of the plurality of emitters as shown. As such the rejection is maintained pending further amendment outlining a distinction over the prior art of record.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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.
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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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/ROBERT W VASQUEZ/Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
