Prosecution Insights
Last updated: July 17, 2026
Application No. 18/681,391

LIGHT EMITTING DEVICE, RANGE-IMAGE CAPTURING DEVICE, AND MONITORING DEVICE

Non-Final OA §102§103
Filed
Feb 05, 2024
Priority
Aug 06, 2021 — JP 2021-129920 +1 more
Examiner
HULKA, JAMES R
Art Unit
Tech Center
Assignee
Koito Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
746 granted / 976 resolved
+16.4% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
30 currently pending
Career history
1009
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
87.5%
+47.5% vs TC avg
§102
4.8%
-35.2% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 976 resolved cases

Office Action

§102 §103
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 . 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) 1-4 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takano (US 2005/0243172). Regarding Claim 1, Takano discloses a light emitting device [#23 of Fig 1], comprising: multiple light sources configured to emit light including a non-visible wavelength range [#23 of Fig 1; 0077-79]; and a housing defining at least a portion of a space in which the light sources are housed, wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#24 of Fig 1; 0077; 0079-82]. Regarding Claim 2, Takano also discloses wherein the visible wavelength range includes a red wavelength range [#24 of Fig 1; 0077; 0079-82]. Regarding Claim 3, Takano also discloses wherein the translucent portion includes a part extending in a first direction orthogonal to an optical axis of each of the light sources [0077-84]. Regarding Claim 4, Takano also discloses wherein the housing has an asymmetrical shape relative to a second direction that is orthogonal to the optical axis and the first direction [0077-84]. Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fujikawa (US 2003/0214733). Regarding Claim 1, Fujikawa discloses a light emitting device [#2, #6A, #7 of Fig 1, 2; 0031-35], comprising: multiple light sources configured to emit light including a non-visible wavelength range [#2, #6A, #7 of Fig 1, 2; 0031-35]; and a housing defining at least a portion of a space in which the light sources are housed, wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#2, #6A, #7 of Fig 1, 2; 0031-35]. Regarding Claim 2, Fujikawa also discloses wherein the visible wavelength range includes a red wavelength range [#2, #6A, #7 of Fig 1, 2; 0077; 0031-35]. Regarding Claim 3, Fujikawa also discloses wherein the translucent portion includes a part extending in a first direction orthogonal to an optical axis of each of the light sources [#2, #6A, #7 of Fig 1, 2; 0031-35]. 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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takano (US 2005/0243172), in view of Kasaba (US 2018/0045826). Regarding Claim 5, Takano teaches a device, comprising:; a light emitting device [[#23 of Fig 1; 0077-79], including: multiple light sources configured to emit light including a non-visible wavelength range [#23 of Fig 1; 0077-79]; and a housing defining at least a portion of a space in which the light sources are housed [#24 of Fig 1; 0077; 0079-82]; wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#24 of Fig 1; 0077; 0079-82]. Takano does not explicitly teach – but Kasaba does teach a range image capturing device configured to capture an image of a subject based on the light reflected by the subject [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]; and a computing device configured to calculate a distance to the subject based on a time period from time when the light is emitted from the light emitting device to time when the light is incident on the image capturing device [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]. It would have been obvious to modify the device of Takano to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Regarding Claim 5, Takano teaches a device… comprising a light emitting device [#23 of Fig 1; 0077-79], including: multiple light sources configured to emit light including a non-visible wavelength range [#23 of Fig 1; 0077-79]; and a housing defining at least a portion of a space in which the light sources are housed [#24 of Fig 1; 0077; 0079-82]; an image capturing device configured to capture an image of a subject based on the light reflected by the subject; and a computing device configured to calculate a distance to the subject based on a time period from time when the light is emitted from the light emitting device to time when the light is incident on the image capturing device, wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#24 of Fig 1; 0077; 0079-82]. Takano does not explicitly teach – but Kasaba does teach a range image capturing device configured to capture an image of a subject based on the light reflected by the subject [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]; and a computing device configured to calculate a distance to the subject based on a time period from time when the light is emitted from the light emitting device to time when the light is incident on the image capturing device [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43] and wherein the monitoring device is configured to cause the light emitting device to emit the light toward a prescribed monitoring area [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]. It would have been obvious to modify the device of Takano to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Regarding Claim 7, Takano does not explicitly teach – but Kasaba does teach being a mobility [#2 of Fig 1, 2; 0039-40; 0043]. It would have been obvious to modify the device of Takano to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujikawa (US 2003/0214733), in view of Kasaba (US 2018/0045826). Regarding Claim 5, Fujikawa teaches a device, comprising; a light emitting device [#2, #6A, #7 of Fig 1, 2; 0031-35including: multiple light sources configured to emit light including a non-visible wavelength range [#2, #6A, #7 of Fig 1, 2; 0031-35]; and a housing defining at least a portion of a space in which the light sources are housed [#2, #6A, #7 of Fig 1, 2; 0031-35]; wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#24 of Fig 1; 0077; 0079-82]. Fujikawa does not explicitly teach – but Kasaba does teach a range image capturing device configured to capture an image of a subject based on the light reflected by the subject [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]; and a computing device configured to calculate a distance to the subject based on a time period from time when the light is emitted from the light emitting device to time when the light is incident on the image capturing device [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]. It would have been obvious to modify the device of Fujikawa to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Regarding Claim 6, Fujikawa teaches a device… comprising a light emitting device [#2, #6A, #7 of Fig 1, 2; 0031-35], including: multiple light sources configured to emit light including a non-visible wavelength range [#2, #6A, #7 of Fig 1, 2; 0031-35]; and a housing defining at least a portion of a space in which the light sources are housed [#2, #6A, #7 of Fig 1, 2; 0031-35]. Fujikawa does not explicitly teach – but Kasaba does teach an wherein the housing includes a translucent portion that allows passage of the light including the non-visible wavelength range while blocking passage of light of a visible wavelength range [#24 of Fig 1; 0077; 0079-82]. Fujikawa does not explicitly teach – but Kasaba does teach a range image capturing device configured to capture an image of a subject based on the light reflected by the subject [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]; and a computing device configured to calculate a distance to the subject based on a time period from time when the light is emitted from the light emitting device to time when the light is incident on the image capturing device [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43] and wherein the monitoring device is configured to cause the light emitting device to emit the light toward a prescribed monitoring area [#12, #15 of Fig 1, 2; 0035; 0037; 0041-43]. It would have been obvious to modify the device of Fujikawa to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Regarding Claim 7, Fujikawa does not explicitly teach – but Kasaba does teach being a mobility [#2 of Fig 1, 2; 0039-40; 0043]. It would have been obvious to modify the device of Fujikawa to include a range image capture device on a vehicle to suppress an increase in size of the right front illumination while providing a lidar for acquiring information outside the vehicle based on invisible light. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R HULKA whose telephone number is (571)270-7553. The examiner can normally be reached M-R: 9am-6pm, F: 10am-2pm. 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 5712705227. 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. JAMES R. HULKA Primary Examiner Art Unit 3645 /JAMES R HULKA/Primary Examiner, Art Unit 3645
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Prosecution Timeline

Feb 05, 2024
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+11.6%)
3y 1m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 976 resolved cases by this examiner. Grant probability derived from career allowance rate.

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