Prosecution Insights
Last updated: October 04, 2026
Application No. 18/895,352

HYBRID THREE-DIMENSIONAL SENSING SYSTEM AND METHOD

Non-Final OA §103
Filed
Sep 24, 2024
Examiner
RATCLIFFE, LUKE D
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Himax Technologies Limited
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1511 granted / 1731 resolved
+35.3% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
1748
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1731 resolved cases

Office Action

§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 § 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) below is/are rejected under 35 U.S.C. 103 as being unpatentable over Viswanathan (20170068319) in view of Chan (20210209778). Referring to claim 1, Viswanathan shows a hybrid three-dimensional sensing system (see figure 1), comprising : a time-of-flight (ToF) projector configured to project a modulated light on an object in a ToF mode (see figure 2 Ref 112 note the IR laser diodes); a structured light (SL) projector configured to project a structured light on the object in a SL mode (see figure 2 Ref 112 note the RGB laser diodes); a ToF sensor configured to receive reflections from the object (see the IR photodetector) and correspondingly generate video data (see paragraph 19 note the corresponding data associated with the control of the FOV of the IR/visible camera); a ToF processor (see figure 2 note the combination of Ref 140, 146, and 150) configured to receive the video data and generate ToF depth information according to the video data in the ToF mode (see paragraph 21 note that the TOF region can be over all of the FOV of the structured light pattern shown in figure 4d); and a SL processor (see figure 2 note the combination Ref 138, 148 and 150) configured to receive a 2D image from the ToF 2D image in the SL mode (see paragraph 25 note the gesture recognition where the 2D skeletonized TOF image is used to extract a fine detail image of the gesture by the SL depth detector). While Viswanathan shows the SL depth detector is directed to detect range based on the skeletonized TOF 2D image Viswanathan fails to show that the SL processor receives the 2D image from the TOF processor. Chan shows a similar device that includes a SL depth detector that receives a 2D image from a TOF processor (see figure 2 note the dot confidence that is passed to the SL depth decoder to generate the SL depth image). It would have been obvious to include the 2D image from the TOF processor as shown by Chan because this allows the SL to generate a SL depth map with high confidence of given distance and location of every pixel in an image (see paragraph 14). Referring to claims 6, 11, and 18 Viswanathan shows the ToF processor generates the 2D image according to the video data in the SL mode (see the use of the video data for generating TOF as shown in paragraph 19 and 21). Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viswanathan (20170068319) in view of Chan (20210209778) and Kim (20160056252). Referring to claim 2, Viswanathan shows a controller to control the TOF projector to project the modulated light in a TOF mode and control the SL projector to project light in the SL mode (see paragraph 24 note the sequential control of the TOF projection and the SL projection). However Viswanathan does not show the use of a multiplexor that controls the projectors. It is extremely well known that multiplexors can control the operational modes of a device. Kim is being used as a teaching reference of a multiplexor that allows the control of a device to operate in multiple modes (see paragraph 67). It would have been obvious to include the use of a multiplexor because this is extremely well known when switching between multiple modes of operation and adds no new or unexpected results. Claim(s) 7, 12, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Viswanathan (20170068319) in view of Chan (20210209778) and Hseih (20200386540). Referring to claims 7, 12, 19, and 20 Viswanathan fails to specifically show what type of light is used for each measurement mode but Hseih shows a similar device that includes the modulated light is a flood light, wherein the SL projector is a dot light source, wherein the 2D image is a dot image (see paragraph 67 and 78). It would have been obvious to include the flood and dot image as shown by Hseih because these are extremely well known projection systems for TOF and SL devices and adds no new or unexpected results. Allowable Subject Matter Claims 3-6, 9, 10, and 14-17 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUKE D RATCLIFFE whose telephone number is (571)272-3110. The examiner can normally be reached M-F 9:00AM-5:00PM EST. 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, Isam Alsomiri can be reached at 571-272-6970. 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. /LUKE D RATCLIFFE/Primary Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Sep 24, 2024
Application Filed
Sep 18, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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3y 9m to grant Granted Sep 22, 2026
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 (+10.3%)
2y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1731 resolved cases by this examiner. Grant probability derived from career allowance rate.

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