Prosecution Insights
Last updated: October 25, 2026
Application No. 18/858,204

EVS PIXEL OPERATING METHOD AND RELATED APPARATUS

Final Rejection §101§102§103§112
Filed
Oct 18, 2024
Priority
Apr 18, 2022 — CN 202210401678.5 +1 more
Examiner
TRAN, NHAN T
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Shenzhen Ruishizhixin Technology Co. Ltd.
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
725 granted / 838 resolved
+24.5% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
11 currently pending
Career history
852
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 838 resolved cases

Office Action

§101 §102 §103 §112
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 . Response to Amendments and Arguments Applicant's amendments and arguments filed on 07/24/2026 with respect to claim 14 rejected under 35 U.S.C 112(b) and claims 15-22 rejected under 35 U.S.C 101 have been fully considered and are persuasive. The claim rejections under 35 U.S.C 112(b) and 101 have been withdrawn. Applicant's arguments with respect to claims 1, 8 and 13-15 rejected under 35 U.S.C 102(a)(1) and 103 have been fully considered but they are not persuasive. The Applicant asserts that Xiao fails to teach "integrating the output voltage with the first voltage as a reference voltage over a predetermined integration duration after the first moment to obtain a voltage variation value" because Xiao teaches away from the above limitations. The Applicant further cites paragraphs [0051] and [0009] in Xiao to discuss about a first-order differential circuit to capture a motion image, and the first-order differential circuit is very sensitive to an intensity change (Applicant’s remarks, pages 9 and 10). In response, the Examiner understands the Applicant’s arguments but respectfully disagrees with the Applicant for the reasons set forth below: First of all, the current claim language is written broad enough to be anticipated by the disclosure of Xiao. The claims are given their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted “in view of the specification” without importing limitations from the specification into the claims unnecessarily). Secondly, the Examiner notes that the embodiment in Figs. 3-7 of Xiao in which the Office Action relies upon does not use a first-order differential unit as mentioned by the Applicant in the remarks. The first-order differential unit is only applicable in the second embodiment starting from Fig. 8 of Xiao. Nevertheless, as clearly disclosed by Xiao in Figs. 3-7 and paragraphs [0050]-[0053] & [0059], the output voltage (photovoltage indicated by Ux in Fig. 5) from a photoelectric conversion unit (110) is integrated using sample-and-hold circuit (1211 in Fig. 5) as a reference voltage (indicated by U1, U2 and/or U3 in Fig. 5 & 7) over a predetermined time period (Fig. 6) after a the first moment to obtain a voltage variation value (U0) before inputting into the comparator (130) for comparison to a threshold value. At lease in view of the above, all claim limitations are met by Xiao. Therefore, the claim rejections under 35 U.S.C 102(a) and 35 U.S.C 103 are proper and maintained. 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. Claims 1, 8 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al. (US 2021/0218913 A1, hereinafter “Xiao”). Regarding claim 1, Xiao discloses an EVS pixel operating method, applied to an EVS pixel (also known as dynamic vision sensor), wherein the EVS pixel operating method comprises: recording, at a first moment, an output voltage generated by the EVS pixel in response to an incident light intensity, to obtain a first voltage (Figs. 3-6 and par. [0049]-[0052]. Note that a first moment corresponding to a first sampling period); integrating the output voltage with the first voltage as a reference voltage (U1, U2 and/or U3) over a predetermined integration duration after the first moment to obtain a voltage variation value (U0 output by a second-order differential unit 122); comparing the voltage variation value with a predetermined voltage threshold range (by a comparator 130), and outputting an event signal under a condition that the voltage variation value is out of the voltage threshold range (see Figs. 5-7 and par. [0052]-[0053] & [0059]). Regarding claim 8, the subject matter of this claim is also met by Xiao as discussed in claim 1. It is noted that “an input unit” (110), “a sampling unit” (121), “an integration unit” (120), “a comparison unit” (130) and “an output unit” (at the output of comparison unit) as shown in Figs. 3-7. Regarding claim 15, the subject matter of this claim is also met by Xiao as discussed in claim 1. Note that “a computer-readable storage medium having stored thereon a computer program” is disclosed by Xiao in paragraph [0096]. 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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Zannoni et al. (US 2025/0211867 A1, hereinafter “Zannoni”). Regarding claim 13, although Xiao discloses the event signal is a binary signal indicating an on-event and off-event, Xiao is silent about the event signal is a 2-bit vector, the voltage threshold range is defined by a first voltage threshold and a second voltage threshold, wherein under a condition that the voltage variation value is greater than the first voltage threshold, a 2-bit vector [1, 0], which represents an UP event signal, is output, under a condition that the voltage variation value is less than the second voltage threshold, a 2-bit vector [0, 1], which represents a DN event signal, is output. However, a 2-bit vector is well used in the art to represent event signals as taught by Zannoni who teaches an EVS sensor that implements sequential readout of two bits including pixel-on events and pixel-off events for each pixel encodes an event image describing a frame with 2-bit encoding per pixel (see Zannoni, par. [0129]). Therefore, one of ordinary skill in the art would have been motivated by the teaching of Zannoni to provide 2-bit vector representing the event signal as discussed above to obtain the claimed feature in a conventional fashion in EVS imaging technology. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao in view of Posch et al. (US 2010/0182468 A1, hereinafter “Posch”). Regarding claim 14 (please note that this claim is rejected based on best understanding of the claim language in view the lack of antecedent basis mentioned in 35 U.S.C 112(b) rejection above), although Xiao does not explicitly disclose that [the] second input terminal is connected to the comparison unit, and a feedback capacitor is provided between the first input terminal and the output terminal, this lack of teaching is compensated by Posch in Fig. 1a where a second input terminal (via reset switch below the amplifier A2) is connected to the comparison unit, and a feedback capacitor (C2) is connected between the first input terminal and the output terminal (see Fig. 1a and par. [0058]). Therefore, it would have been obvious to one of ordinary skill in the art to configure the device in Xiao to a feedback capacitor and connection terminals as discussed above to finely control the amplification of the input and output signals under different conditions. Allowable Subject Matter Claims 2-7, 9, 12 and 16-22 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 an examiner’s statement of reasons for allowance: Regarding claims 2 and 3, the prior art references of record, either alone or in combination, fail to teach or suggest the limitations and formulas as recited in these claims. Regarding claim 4, the prior art references of record also fail to teach or suggest: “before the step of integrating the output voltage with the first voltage as a reference voltage over a predetermined integration duration after the first moment to obtain a voltage variation value, the method further comprises: obtaining an image quality requirement indicator of an EVS vision sensor; setting the integration duration based on the image quality requirement indicator.” Regarding claim 5, the prior art references of record also fail to teach or suggest: “the method further comprises: collecting statistics on an event signal generation rate of the EVS pixel per unit duration prior to a current moment; and under a condition that the event signal generation rate is out of a predetermined generation rate threshold range, correspondingly adjusting the time constants based on the event signal generation rate.” Regarding claim 6, the prior art references of record also fail to teach or suggest: “after the step of comparing the voltage variation value with a predetermined voltage threshold range, the method further comprises: under a condition that the voltage variation value is within the voltage threshold range, collecting statistics on an event signal generation rate of the EVS pixel per unit duration prior to a current moment; and updating the reference voltage under a condition that the event signal generation rate is less than a first predetermined generation rate threshold.” Regarding claim 7, the prior art references of record also fail to teach or suggest: “after the step of outputting an event signal under a condition that the voltage variation value is out of the voltage threshold range, the method further comprises: collecting statistics on an event signal generation rate of the EVS pixel per unit duration prior to a current moment; and updating the reference voltage under a condition that the event signal generation rate is greater than a second predetermined generation rate threshold.” Regarding claim 9, the prior art references of record also fail to teach or suggest: “a first switch is provided between the input unit and the sampling unit, the integration unit comprises a first input terminal, a second input terminal, and an output terminal, the first input terminal is connected to the input unit, the second input terminal is connected to the sampling unit, the output terminal is connected to the comparison unit, a second switch is provided between the first input terminal and the output terminal, and the comparison unit is connected to the output unit, wherein before the first moment, the first switch and the second switch are both in a closed state; at the first moment, the first switch enters an open state; and after the first moment, the second switch enters an open state, and upon arrival of the integration duration, the second switch enters a closed state.” Regarding claim 12, this claim is dependent from claim 3. Regarding claims 16-22, these claims are also allowed for similar reasons indicated in claims 2-7, respectively. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion THIS ACTION IS MADE FINAL. 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 NHAN T TRAN whose telephone number is (571)272-7371. The examiner can normally be reached Monday - Friday, 9:00am - 5:00pm. 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, Lin Ye can be reached at 571-272-7372. 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. /NHAN T TRAN/Primary Examiner, Art Unit 2638
Read full office action

Prosecution Timeline

Oct 18, 2024
Application Filed
Apr 24, 2026
Non-Final Rejection mailed — §101, §102, §103
Jul 24, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §101, §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771919
Electronic Device and Control Method and Control Apparatus Thereof
3y 3m to grant Granted Oct 20, 2026
Patent 12756957
PHOTOELECTRIC CONVERSION DEVICE
1y 11m to grant Granted Oct 06, 2026
Patent 12739516
LIGHT EMITTING APPARATUS, IMAGING SYSTEM, IMAGING APPARATUS, ELECTRIC UNIT, AND IMAGING METHOD
2y 5m to grant Granted Sep 15, 2026
Patent 12739530
IMAGING ELEMENT AND ELECTRONIC DEVICE
2y 2m to grant Granted Sep 15, 2026
Patent 12739510
IMAGE PROCESSING APPARATUS, IMAGE PROCESSING METHOD, AND PROGRAM
1y 12m to grant Granted Sep 15, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+13.4%)
2y 4m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 838 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month