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 .
DETAILED ACTION
This office action is in regards to application # 18/722,532 that was filed on 06/20/2024. Claims 1-2 and 4-13 are currently pending and are under examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the characteristic values" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-2, 4-6, and 13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tanaka et al. (US 2017/0242121).
Regarding Claim 1, Tanaka discloses a method (ToF camera system; abstract, para. [0001]-[0010])for determining distance values by an optical time-of-flight method in which:
an illumination light is emitted, modulated with a modulation frequency and a modulation phase (para. [0025]-[0035]),
reflected light is acquired as received signal(para. [0030]-[0040]),
and the received signal is evaluated by determining a phase shift between the illumination light and the reflected light, so that an output signal with at least one distance value is generated(para. [0040]-[0055], [0065]-[0080]),
wherein distance values are determined for a sequence of successive frames, wherein in each frame a plurality of acquisitions are made in the form of micro-frames with different modulation phases(para. [0055]-[0075], Fig. 5), wherein a sequence of modulation phases of the micro-frames is specified for each frame, and wherein the order of the modulation phases changes(para. [0070]-[0090], Fig. 1, F5, Fig. 5), and wherein verification is carried out by comparing values calculated from the phase shift of at least two successive frames that have a mutually deviating order of the modulation phases of the micro-frames (para. [0070]-[0090] verification logic for consistency across phase sequences; Fig. 1 ).
Regarding Claim 2, Tanaka discloses a method (ToF camera system; abstract, para. [0001]-[0010])wherein the micro-frames comprise a sequence of modulation phases and modulation frequencies wherein the order of the modulation frequencies changes (see para. [0055]-[0075], [0085]-[0095], the system acquires measurements in microframes using different modulation phases and frequencies, with order/sequence changing across successive frames to resolve distance ambiguities).
Regarding Claim 4, broadly interpreted, Tanaka discloses a method (ToF camera system; abstract, para. [0001]-[0010])wherein -the values of the successive frames calculated from the phase shift are compared by determining at least one characteristic value for each of the two frames, comparing the two characteristic values and recognizing a fault state in the event of a deviation above a defined threshold or a correct functional state in the event of a deviation below the defined threshold (para. [0070]-[0090], comparing values calculated from phase shift of at least two successive frames and verification from deviation/fault detection above threshold; deviation above a threshold indicate faults, while those below indicate correct operation).
Regarding Claim 5, Tanaka discloses a method (ToF camera system; abstract, para. [0001]-[0010]) wherein the values or characteristic values calculated from the phase shift are compared by forming a difference and/or a ratio (para. [0075]-[0085], comparing by forming a difference and/or ratio, Fig. 5).
Regarding Claim 6, Tanaka discloses a method (ToF camera system; abstract, para. [0001]-[0010])wherein the reflected light is acquired as a received signal for a plurality of pixels, and an output signal is generated for each pixel by determining a phase shift between the illumination light and the reflected light (para. [0030]-[0045], [0060]-[0070]).
Regarding Claim 13, Tanaka discloses an optical time-of-flight sensor (ToF camera system; abstract, para. [0001]-[0010]) for determining distance values, with
a controllable illumination device designed to emit modulated illumination light with a modulation frequency and a modulation phase (para. [0025]-[0035]),
a receiving device designed to receive reflected light and to provide a received signal (para. [0030]-[0040]),
an evaluation device designed to evaluate the received signal by determining a phase shift between the illumination light and the reflected light and to generate an output signal with distance values (para. [0040]-[0055], [0065]-[0080]),
wherein the evaluation device is further designed to determine distance values for a sequence of successive frames, wherein in each frame a plurality of acquisitions are made in the form of micro-frames with mutually different modulation phases (para. [0055]-[0075], Fig. 5),
and a verification device designed for specifying a sequence of modulation phases of the micro-frames for the illumination device, wherein the order of the modulation phases of the micro-frames changes (para. [0070]-[0090], Fig. 1, F5, Fig. 5),
wherein the verification device is further designed for comparing values calculated from the phase shift of at least two temporally successive frames which have a mutually deviating order of the modulation phases of the micro-frames (para. [0070]-[0090] verification logic for consistency across phase sequences; Fig. 1 ).
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) 1, 6, and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over SUGIYAMA (WO2020/158378A1) (see IDS dated 01/09/2025 and US equivalent US2022/0113410A1 used for the rejection) in view of TSCHUCH (EP3719537) (see IDS dated 01/09/2025).
Regarding Claim 1, SUGIYAMA discloses a method for determining a distance values by an optical time-of-flight method (see paragraph [0036]: " a light receiving element constituting a distance measuring system that measures a distance by an indirect TOF method, ") in which
an illumination light is emitted, modulated with a modulation frequency and a modulation phase (see paragraph [0167]: " the phase emission mode may be discrete phase modulation "),
reflected light is acquired as received signal (see paragraph [0040]: " receiving light resulting from reflection of the light on the object.") and
the received signal is evaluated by determining a phase shift between the illumination light and the reflected light, so that an output signal with at least one distance value is generated (see paragraph [0075]: " since the delay time Td is obtained on the basis of the phase shift amount θ, the distance to the target object is obtained from the delay time Td."),
wherein distance values are determined for a sequence of successive frames (see paragraph [0088]: " The A frame and the B frame are each further divided into subframes.") wherein in each frame, a plurality of acquisitions are made in the form of micro-frames with different modulation phases (see paragraph [0132] in conjunction with figures 7 and 8: The distance measuring device 10A emits irradiation light while varying the phase. "),
wherein a sequence of modulation phases of the micro-frames is specified for each frame (see paragraph [0110] in conjunction with figure 7: " The predetermined timing at which the pattern switching section 21 switches the pattern is set for each unit of generating a distance image, and the pattern can be switched each time the A frame and the B frame for generating one distance image are acquired."), and
wherein the order of the modulation phases changes (see paragraphs [0164], [0167] and [0178]: "In a case where the length of the period Tm varies, the phase pattern may be set by generating a pseudo-random number, or the phase pattern may be stored in advance and read out as needed").
SUGIYAMA do not explicitly discloses, but TSCHUCH teaches (see paragraphs [0041] to [0051], Fig. 1: “phase measurement means that, during the individual code bits, which switch within the phase code for example every 10 ps according to a phase modulation at 100 Ghz, the phase of the light between reference light 18 and reception light 28 is measured. By combining the code-based correlation method and the coherent phase measurement, a large uniqueness range and a high measurement accuracy are achieved at the same time.") and wherein verification is carried out by comparing values calculated from the phase shift of at least two successive frames that have a mutually deviating order of the modulation phases of the micro-frames (see paragraph [0061]: The respective reception signals can be binarized individually or be initially compared with one another in pairs ").
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in SUGIYAMA with the verification by comparing values of phase shift as taught in TSCHUCH with a reasonable expectation of success because it provides error cancellation, motion artifact suppression, and in-situ self-calibration.
Regarding Claim 6, SUGIYAMA discloses a method wherein the reflected light is acquired as a received signal for a plurality of pixels, and an output signal is generated for each pixel by determining a phase shift between the illumination light and the reflected light (see paragraph [0204]: 11 an imaging element including pixels for phase difference detection.").
Regarding Claim 10, SUGIYAMA discloses a method wherein the order of the modulation phases of the micro-frames changes for each frame or each group of frames compared to the immediately preceding frame or the immediately preceding group of frames (see paragraph [0175]: 11 a phase of irradiation light is changed for each subframe").
Regarding Claim 11, SUGIYAMA discloses a method wherein for each frame or group of frames, the order of the modulation phases of the micro-frames are selected by a random generator(see paragraph [0178]: " the phase pattern may be set by generating a pseudo-random number").
Regarding Claim 12, SUGIYAMA do not explicitly discloses, but TSCHUCH teaches a method wherein when determining a distance value for a frame, at least two signal contributions from micro-frames with different modulation frequencies are processed to resolve ambiguity (see paragraph [0049]: “ By combining the code-based correlation method and the coherent phase measurement, a large uniqueness range and a high measurement accuracy are achieved at the same time.").
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in SUGIYAMA with the ambiguity resolution as taught in TSCHUCH with a reasonable expectation of success because it provides larger uniqueness range and improved measurement accuracy.
Regarding claim 13, Claim 13 presents the subject matter of claim 1 on the basis of device features that correspond to the method of claim 1. Therefore, claim 13 is rejected under the same rational as the rejection of claim 1 above.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified SUGIYAMA (WO2020158378A1) (with US equivalent US2022113410A1 used for the rejection) in view Sladkov et al. (US 2019/0304115).
Regarding Claim 4, modified SUGIYAMA do not explicitly discloses, but Sladkov teaches a method wherein the values of the successive frames calculated from the phase shift are compared by determining at least one characteristic value for each of the two frames, comparing the two characteristic values and recognizing a fault state in the event of a deviation above a defined threshold or a correct functional state in the event of a deviation below the defined threshold (see paragraphs [0040] to [0041]: The disparity fields may be compared between consecutive subframes and the regions in the image, where the disparity change exceeds the chosen threshold may be labelled In the case that no motion is detected, an error determined during depth analysis may be identified as error, which is not caused by the motion in a scene.")
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in modified SUGIYAMA with the comparing successive phase-shift frames through characteristic values as taught in Sladkov above with a reasonable expectation of success because it provides real-time self-diagnosis, high reliability, and simple threshold logic.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified SUGIYAMA (WO2020158378A1) (with US equivalent US2022113410A1 used for the rejection) in view further of Texas Instruments (doc. “Introduction to the Time-of-Flight (ToF) System Design”).
Regarding Claim 7, modified SUGIYAMA do not explicitly discloses, but Texas Instruments teaches a method wherein characteristic values are average values over a plurality of pixels of the two frames (section 4 (sub frames) describes dividing frames into sub frames/quads for phase computation, with multiple measurements accumulated/averaged across pixels and over frames/sub frames for SNR and dynamic range. Pixel level processing inherently involve averaging characteristic values (phase, amplitude) over pluralities of pixels quadrature capture occur across multiple frames or sub frames).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in modified SUGIYAMA with the average valued characteristic values over pluralities of pixels as taught in Texas Instruments with a reasonable expectation of success because it significantly increases the Signal-to-Noise Ratio (SNR), and minimizes random stochastic fluctuations.
Regarding Claim 8, modified SUGIYAMA do not explicitly discloses, but Texas Instrument teaches a method wherein not all pixels are used when calculating the average values (Texas Instrument: discusses pixel level variations, common mode subtraction, filtering, and selective/region based processing. Not every pixel contributes identically (e.g. due to saturation handling, binning, ROI, noise rejection); sub frame and quad structures allow selective or differential use of pixel data).
Regarding Claim 9, modified SUGIYAMA do not explicitly discloses, but Texas Instrument teaches a method wherein when determining a distance value for a frame, at least two signal contributions of micro-frames with modulation phases of a phase difference of 180o are subtracted from each other (section 3 (phase measurement) captures at 0o/90o/180o/270o phases. Formulas use direct subtraction of anti-phase pairs. Equation 20-21, page 10 these ‘micro-frames’(quadrature/sub-frame captures) with 180o difference are subtracted to extract phase/distance while canceling offsets/ambient light; pages 8-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed in modified SUGIYAMA with subtracting micro-frames with 180o phase differences as taught in Texas Instrument with a reasonable expectation of success because it isolates the depth-dependent signal. This technique cancels ambient light and eliminates DC offsets, significantly boosting the Signal-to-Noise Ratio (SNR) and enabling highly accurate distance computation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see attached PTO 892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSRES H WOLDEMARYAM whose telephone number is (571)272-6607. The examiner can normally be reached Monday-Friday 8AM-5PM.
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642
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