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 Arguments
The amendment to claim 10 in the response filed June 15, 2026 is sufficient to overcome the 35 USC 112(b) rejection of that claim made in the Office action of March 26, 2026. The rejection is hereby withdrawn.
However, the amendment to claim 1 to incorporate at least the allowable subject matter of claim 5 has raised new 35 USC 112 issues with claim 9. These rejections can be found below.
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 9 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 9 is dependent on claim 3 which is dependent on claim 1. Claim 1, as amended, sets forth a projector that includes a plurality of light sources. However, claim 9 recites that the projector only comprises a single light source configured to emit light in a wavelength band including the selected wavelength bands of the plurality of types of filter regions. As a result, this light source is unclear. Does the single light source of claim 9 replace the plurality of light sources of claim 1? Is the single light source of claim 9 one of the plurality of light sources of claim 1? Or is this an additional light source to the plurality of light sources in claim 1? Clarification is required.
Allowable Subject Matter
Claims 1-4, 6-8, 10, and 11 are allowed in view of the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the prior art of record, taken either alone or in combination, a distance measuring device, the device comprising, among other essential features, a projector that comprises a filter including a plurality of types of filter regions for respectively generating the plurality of types of light regions and a plurality of light sources, wherein the plurality of light sources are provided so as to respectively correspond to the plurality of types of filter regions, and wherein each of the filter regions selectively extracts light from a corresponding one of the light sources, in combination with the rest of the limitations of the above claim.
With further regard to the above claim, please see the reasons given in the previous Office action of record mailed March 26, 2026 with regards to original claim 5.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Michael A. Lyons whose telephone number is (571)272-2420. The examiner can normally be reached Monday - Friday.
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/Michael A Lyons/Primary Examiner, Art Unit 2877 July 10, 2026
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