Prosecution Insights
Last updated: July 17, 2026
Application No. 18/805,166

METHOD AND DEVICE FOR OBTAINING AN IMAGE USING A PHOTON COUNTING IMAGE SENSOR

Non-Final OA §102§103
Filed
Aug 14, 2024
Priority
Oct 18, 2023 — RE 10-2023-0139872
Examiner
PYO, KEVIN K
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
764 granted / 877 resolved
+19.1% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
12 currently pending
Career history
893
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
71.5%
+31.5% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 877 resolved cases

Office Action

§102 §103
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. Claim(s) 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuroda (US 11,212,473). Regarding claim 16, Kuroda shows in Figs.1-5 the following elements of applicant’s claim: a pixel array (12) comprising one or more pixels (Fig.1); a counter (FFa0-FFa3; Fig.4) provided in each of the one or more pixels and configured to count a number of pulse signals generated by photons incident on the one or more pixels; and a control logic (SWa0-SWa3; Fig.4) configured to output a signal for controlling an operation of a single photon avalanche diode provided in the one or more pixels. 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) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuroda (US 11,212,473). Regarding claims 17-18, the specific configuration and scheme utilized to operate the counter and the control logic would have been obvious to one of ordinary skill in the art in view of meeting different design requirements and achieving the particular desired performance. Allowable Subject Matter Claims 1-15 are allowed. Claims 19-20 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: Regarding claims 1-6, the prior art fails to disclose or make obvious a method of obtaining an image comprising, in addition to the other recited features of the claim, the features of determining a parameter for splitting a frame into a plurality of subframe, wherein the parameter comprises a frame period, a subframe period and a threshold value of a counter; obtaining an image signal during at least one subframe period corresponding to the determined parameter, by using a counted number of a counter; and estimating image information of the frame in the manner recited in claim 1. Regarding claims 7-15, although Kuroda (i.e. US 11,212,473) disclose the use of a pixel array and a counter (Figs.1 and 4), it fails to disclose or make obvious a device for obtaining an image comprising, in addition to the other recited features of the claim, the features of determining a parameter for splitting a frame into a plurality of subframe, wherein the parameter comprises a frame period, a subframe period and a threshold value of a counter; obtaining an image signal during at least one subframe period corresponding to the determined parameter, by using the counted number of the counter; and estimating image information of the frame in the manner recited in claim 7. Regarding claims 19-20, the prior art fails to disclose or make obvious a photon counting image sensor comprising, in addition to the other recited features of the claim, the details and functions of a controller in the manner recited in claim 19. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Price et al (US 2024/0251182 A1) is cited for disclosed a system for dark current compensation in SPAD imagery. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN K PYO whose telephone number is (571)272-2445. The examiner can normally be reached 9:00-5:30 PM. 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, Georgia Y Epps can be reached at 571-272-2328. 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. /KEVIN K PYO/Primary Examiner, Art Unit 2878
Read full office action

Prosecution Timeline

Aug 14, 2024
Application Filed
Jun 11, 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
87%
Grant Probability
98%
With Interview (+10.8%)
2y 2m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 877 resolved cases by this examiner. Grant probability derived from career allowance rate.

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