CTNF 18/568,302 CTNF 78498 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PCT/JP2022/010640, filed on March 10, 2022, which claims priority benefit of Japanese Patent Application No. JP 2021-100903 filed on June 17, 2021 . 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/8/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections 07-29-01 AIA Claim s 1-11 are objected to because of the following informalities: the phrases like “ capable of ” and “ method ” renders the claim unclear because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired . Appropriate correction is required. Claims in a pending application should be given their broadest reasonable interpretation (e.g., gradation, capable of, configured to, method). In re Pearson , 181 USPQ 641 (CCPA 1974) Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1-9 and 13 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Sugiyama Toshinobu (WO 2020/158378 A1) . Regarding claim 1, Sugiyama discloses a control device comprising (e.g., Fig., 1): a control unit (e.g., 15) that performs switching control among at least two types of light emission patterns of a light-emitting unit (e.g., Fig 1, “… pattern switch unit 21 sets the order of the phase 0 emission mode or the phase 1 emission mode ”) in a sensing module (e.g., 12), the sensing module including the light-emitting unit (e.g., 14) and a sensor unit configured to be capable of a light reception operation compatible with an indirect ToF method (e.g., “ Indirect TOF distance measuring method… the calculation of the distance by the indirect TOF method in the 2-tap method in which the charge accumulated in one photodiode 61 is ready by using the two taps 51 will be described with reference to FIG. A conventional distance measuring method will be described with reference to FIG. 5 ”) for light emitted from the light-emitting unit and reflected by an object. Regarding claim 2, Sugiyama discloses the control device according to claim 1, wherein the control unit performs the switching control among the light emission patterns according to a processing type of image use processing performed using an image obtained by the sensor unit (e.g., “ Structure of rangefinder…. Light emitting unit 14… pattern is set by the pattern switching unit 21 and is configured to be switched at a predetermined timing ”). Regarding claim 3, Sugiyama discloses he control device according to claim 2, wherein the sensor unit is configured to be capable of obtaining a gradation image, and the control unit performs control such that the light emission pattern is switched between when the image use processing is processing using a range image and when the image use processing is processing using a gradation image (e.g., Distance measurement method applying this technology… the pattern is switched every time an A frame and a B frame for generating one distance image are acquired… Alternatively, the pattern switching unit 21 may store information (pattern) regarding the order of the light emission modes generated at the time of manufacturing, and read the stored pattern at the timing of switching the pattern”; Fig., 13 “… performs cooperative control for the purpose of anti-glare such as switching the high beam to the low beam”; Fig. 13, 12020, 12040). Regarding claim 4, Sugiyama discloses the control device according to claim 3, wherein the control unit causes the light-emitting unit to emit light in a light emission pattern in which light is emitted repeatedly at an ON duty of less than or equal to 50% when the image use processing is processing using a range image, and causes the light-emitting unit to emit light in a light emission pattern in which the ON duty is 100% when the image use processing is processing using a gradation image ( “ Indirect TOF distance measuring method… Irradiation light module (1 cycle=Tp) is output from the light emitting unit 14 (FIG. 1) so as to repeat irradiation on/off at the irradiation time Tp… a phase shifted by 90 degrees (Phase90), a phase shifted by 180 degrees (Phase 180) by either the tap 51-1 or the tap 51-2 ”). Regarding claim 5, Sugiyama discloses the control device according to claim 2, wherein the control unit performs the switching control among the light emission patterns such that an amount of light received by the sensor unit per frame is changed according to the processing type (e.g., “ Indirect TOF distance measuring method… frame period for generating a range image is divided into two signal detection periods, A frame and B frame ”). Regarding claim 6, Sugiyama discloses the control device according to The control device according to wherein the control unit performs the switching control among the light emission patterns such that a length of a repeated light emission period is changed according to a processing type of the image use processing using a range image, the repeated light emission period being a period during which light is emitted repeatedly for range finding (e.g., Fig., 7; “… the above-mentioned embodiment, the period of the subframe period Tm is fixed, but the length of the subframe period Tm can be further changed to prevent interference ”). Regarding claim 7, Sugiyama discloses the control device according to claim 1, wherein as the switching control among the light emission patterns for each of range images when obtaining a plurality of the range images to be composited (e.g., Fig. 13), the control unit performs control such that a length of a repeated light emission period for range finding is different for each of the range images (e.g., Figs. 5, 7-11). Regarding claim 8, Sugiyama discloses the control device according to claim 1, wherein as the switching control among the light emission patterns for each of gradation images when obtaining a plurality of the gradation images to be composited (e.g., Fig., 13), the control unit performs control such that a light emission amount of the light-emitting unit is different for each of the gradation images (e.g., Figs. 5, 7-11). Regarding claim 9. Sugiyama discloses the control device according to claim 1, wherein the control device is an in-vehicle device that performs the switching control of the light emission pattern for the light-emitting unit in the sensing module, the sensing module being installed in a vehicle (e.g., Fig. 13). Regarding claim 13, Sugiyama discloses a control device comprising (e.g., Fig. 1): a control unit (e.g., 15) configured to perform switching control of a light emission pattern of a light-emitting unit in a sensing module including the light-emitting unit and a sensor unit that receives light emitted from the light-emitting unit and reflected by an object (e.g., Fig. 6), wherein as the switching control (e.g., Fig 1, “… pattern switch unit 21 sets the order of the phase 0 emission mode or the phase 1 emission mode ”) among the light emission patterns for each of images when obtaining a plurality of the images to be composited (e.g., Fig. 13), the control unit performs control such that an amount of light received by the sensor unit per frame is changed for each of the images (e.g., Figs. 7-11 “… an indirect TOF method that measures by using a time reference for converting a change in a physical quantity that depends on TOF and the change in time ”) . 07-15-aia AIA Claim(s) 1-3, 5-9, and 13 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Satoh et al. (US 2021/0124046) . Regarding claim 1, Satoh et al. discloses a control device comprising: a control unit (e.g., Fig. 7) that performs switching control among at least two types of light emission patterns of a light-emitting unit in a sensing module (e.g., [0007 “… detection includes a light source… configured to irradiate light onto a detection target… and circuitry configured to switch an illuminance level at each of the plurality of illuminance regions with a plurality of illuminance levels”), the sensing module including the light-emitting unit and a sensor unit configured to be capable of a light reception operation compatible with an indirect ToF method for light emitted from the light-emitting unit and reflected by an object (e.g., [0174 “… in order to perform the high frequency drive for the indirect TOF, the rising time characteristic and the falling time characteristic of the current flowing to the drive circuit is required to be sufficiently shorter than a period cycle of driving ”]. Regarding claim 2, Satoh et al. discloses the control device according to claim 1, wherein the control unit performs the switching control among the light emission patterns according to a processing type of image use processing performed using an image obtained by the sensor unit (e.g., Figs., 14, 16, 17, 18, 19, 21B, 22). Regarding claim 3, Satoh et al. discloses the control device according to claim 2, wherein the sensor unit is configured to be capable of obtaining a gradation image, and the control unit performs control such that the light emission pattern is switched between when the image use processing is processing using a range image and when the image use processing is processing using a gradation image (e.g., [0167-0169 “… each high-precision range-finding image is obtained by synthesizing images obtained by performing two times of image capturing operation, and this processing is referred to as one cycle or one routine… (i.e., two times of image capturing operation)”; 0177 “… the saturation of sensor, the quality of the range-finding image acquired or obtained from the high illuminance region… the range-finding image acquired or obtained from the high illuminance region is set as the low-precision range-finding image, and the low-precision range-finding image in the normal state is set as the high-precision range-finding image”). Regarding claim 5. Satoh et al. discloses the control device according to claim 2, wherein the control unit performs the switching control among the light emission patterns such that an amount of light received by the sensor unit per frame is changed according to the processing type (e.g., [0212 “… secure wider field of view (FOV) and higher precision, and efficient image acquisition time (e.g., shorter image acquisition time), can be provided”]; [0247 “… the conventional… the image acquisition time such as frames per second (FPS) becomes worse”]; [0250]). Regarding claim 6, Satoh et al. discloses the control device according to The control device according to wherein the control unit performs the switching control among the light emission patterns such that a length of a repeated light emission period is changed according to a processing type of the image use processing using a range image, the repeated light emission period being a period during which light is emitted repeatedly for range finding (e.g., [0057 “… emission intensity of the laser light beam can be changed in accordance with the magnitude of the applied current”]; [0104 “… drive circuit 16B changes the voltage and the current applied to the power source 16A by performing boost control or step-down control (buck control) of the voltage supplied form the power source 16A to output the current corresponding to the light emission timing”]). Regarding claim 7, Satoh et al. discloses the control device according to claim 1, wherein as the switching control among the light emission patterns for each of range images when obtaining a plurality of the range images to be composited, the control unit performs control such that a length of a repeated (e.g., [0204]) light emission period for range finding is different for each of the range images (e.g., [0234 “… driving assist function may be implemented using the dedicated hardware, or by executing a program stored on a read only memory (ROM) using an electronic control unit (ECU) that controls the electric system of the automobile”]). Regarding claim 8, Satoh et al. discloses the control device according to claim 1, wherein as the switching control among the light emission patterns for each of gradation images when obtaining a plurality of the gradation images to be composited, the control unit performs control such that a light emission amount of the light-emitting unit is different for each of the gradation images (e.g., [0167-0169], [0177]). Regarding claim 9, Satoh et al. discloses the control device according to claim 1, wherein the control device is an in-vehicle device that performs the switching control of the light emission pattern for the light-emitting unit in the sensing module, the sensing module being installed in a vehicle (e.g., Figs., 26-27; [0239]; [0246]). Regarding claim 13, Satoh et al. discloses a control device comprising: a control unit configured to perform switching control of a light emission pattern of a light-emitting unit in a sensing module including the light-emitting unit and a sensor unit that receives light emitted from the light-emitting unit and reflected by an object, wherein as the switching control among the light emission patterns for each of images when obtaining a plurality of the images to be composited, the control unit performs control such that an amount of light received by the sensor unit per frame is changed for each of the images (e.g., Fig 7; [0007]; [0174]; [0204]) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama Toshinobu (WO 2020/158378 A1) Regarding claim 12, Sugiyama teaches a control device as explained above. However, Sugiyama does not explicitly teach the control method. It would have been obvious to one of ordinary skill in the art at the time of the invention to specify methods with the teachings of Sugiyama. The claim would have been obvious because the technique of using two types of light emission patters capable of light reception operation using an indirect TOF to detect object in method forms would have been part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement as taught Sugiyama to enhance the safety/automation functionality of the in-vehicle control device. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007) . 07-21-aia AIA Claim (s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Satoh et al. (US 2021/0124046) . Regarding claim 4, Satoh et al. teaches the control device according to claim 3, wherein the control unit causes the light-emitting unit to emit light in a light emission pattern in which light is emitted repeatedly at an ON duty when the image use processing is processing using a range image, and causes the light-emitting unit to emit light in a light emission pattern in which the ON duty when the image use processing is processing using a gradation image (e.g., [0204 “… the range-finding processing to be continued based on the determination of continuing the range-finding process, the processing loop of steps ST2 to ST6 is repeated… and the range-finding image synthesis process in step ST6 is performed for “m” times (“m” is a positive integer) in line with or according to the number of repeating the processing loop”). Satoh et al. fails to explicitly teach the on duty percentage for light emitted percentage based on high vs. low illumination range. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to identify optimum or workable ranges, e.g., 50% or 100% of duty cycle to further increase the accuracy and the image in-vehicle (e.g., objects and/or driver/passengers) obtained by the control device , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 12, Satoh et al. teaches a control device as explained above. However, Satoh et al. does not explicitly teach the control method. It would have been obvious to one of ordinary skill in the art at the time of the invention to specify methods with the teachings of Satoh et al. The claim would have been obvious because the technique of using two types of light emission patters capable of light reception operation using an indirect TOF to detect object in method forms would have been part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement as taught Satoh et al. to enhance the safety/automation functionality of the in-vehicle control device. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 10 and 11 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. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugiyama (US 2022/0113410) – Distance measuring device, distance measuring method, and program Seta (US 2024/0272284) – Control device and control method Chiba (US 2023/0019442) – Infrared imaging device and infrared imaging system Geva et al. (US 2022/0021832) – Image sensors and sensing methods to obtain time-of-flight and phase detection information Yin et al. (2020/0400793) – Time-of-flight ranging device Ovsiannikov et al. (US 2013/0258099) – Depth estimation device and operating method using the depth estimation device Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB Y CHOI whose telephone number is (469)295-9060. The examiner can normally be reached Mondays - Thursdays from 5:30 a.m. to 3:30 p.m. CT. 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. 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. /JACOB Y CHOI/Supervisory Patent Examiner, Art Unit 2897 Application/Control Number: 18/568,302 Page 2 Art Unit: 2897 Application/Control Number: 18/568,302 Page 3 Art Unit: 2897 Application/Control Number: 18/568,302 Page 4 Art Unit: 2897 Application/Control Number: 18/568,302 Page 5 Art Unit: 2897 Application/Control Number: 18/568,302 Page 6 Art Unit: 2897 Application/Control Number: 18/568,302 Page 7 Art Unit: 2897 Application/Control Number: 18/568,302 Page 8 Art Unit: 2897 Application/Control Number: 18/568,302 Page 9 Art Unit: 2897 Application/Control Number: 18/568,302 Page 10 Art Unit: 2897 Application/Control Number: 18/568,302 Page 11 Art Unit: 2897 Application/Control Number: 18/568,302 Page 12 Art Unit: 2897
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