Prosecution Insights
Last updated: July 17, 2026
Application No. 18/920,605

IMAGING SYSTEM WITH RELIABLE DEPTH DETECTION AND METHOD THEREFOR

Non-Final OA §103
Filed
Oct 18, 2024
Priority
Aug 30, 2018 — provisional 62/724,941 +3 more
Examiner
USTARIS, JOSEPH G
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Symbotic LLC
OA Round
2 (Non-Final)
36%
Grant Probability
At Risk
2-3
OA Rounds
2y 3m
Est. Remaining
65%
With Interview

Examiner Intelligence

Grants only 36% of cases
36%
Career Allowance Rate
36 granted / 99 resolved
-21.6% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
8 currently pending
Career history
107
Total Applications
across all art units

Statute-Specific Performance

§103
96.8%
+56.8% vs TC avg
§102
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 99 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-7 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAAK et al (US 20180302611 A1) in view of CRANE et al (US 20140168369 A1). Regarding claim 1, BAAK discloses an image processing system [e.g. FIG. 1; 10] comprising: at least two three-dimensional sensors [e.g. 12s and 14s; 3D time of flight camera modules] each for illuminating a corresponding field of view [e.g. 28s] of the sensor, and generating an output array of pixelwise values [e.g. a plurality of pixels arranged to form a matrix] indicative of distances [e.g. the object distance can then be calculated from this using the speed of light] to illuminated objects [e.g. detecting objects] in the field of view [e.g. FIG. 1-2 and 9-10], each sensor being configured to generate illumination so that objects in the corresponding field of view are illuminated [e.g. FIG. 9-10]; and a controller [e.g. FIG. 1; 30] communicably connected to the at least two three-dimensional sensors to receive pixelwise data from each sensor embodying intensity and distance information from the illuminated objects [e.g. FIG. 1 and 7-10; a plurality of pixels arranged to form a matrix for calculating objected distance], and the controller is configured so as disambiguate a distance to each of the illuminated objects [e.g. [0045-0051]; generating unambiguous and corrected depth values], resolve error [e.g. corrected distance] in the received pixelwise data due to periodic distance ambiguity [e.g. illuminating with pulsed or periodically modulated light signals by the illumination modules], and determine corrected pixelwise values indicative of true distance via each sensor illumination [e.g. the corrected depth value]. Although BAAK discloses illumination modules together then act as a large illumination, with differences in properties such as spectrum, it is notes that BAAK differs to the present invention in that BAAK fails to explicitly disclose illumination at least two different frequencies. However, CRANE teaches the well-known concept of an image processing system [e.g. FIG. 3; 100] comprising: a sensor being configured to generate illumination at least two different frequencies [e.g. [0006-0007]]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the 3D image processing system disclosed by BAAK to exploit the well-known illumination technique taught by CRANE as above, in order to provide more accurate and efficient image processing [See CRANE; [0004]]. Regarding claim 2, BAAK and CRANE further disclose the controller is configured so as to disambiguate the distance and resolve error in the received pixelwise data of each sensor and determine corrected pixelwise values of the output array of pixelwise values of each sensor indicative of the true distance [e.g. BAAK: FIG. 1 and 7-9; generating unambiguous and corrected depth values or distance image]. Regarding claim 3, BAAK and CRANE further disclose the controller is configured so that each sensor illumination at the at least two different frequencies describes a phase space [e.g. BAAK: a phase process is photomixing detection] in the corresponding field of view that characterizes the relationship of different measured intensities [e.g. BAAK: FIG. 1 and 7-9; raw image data from the received signals of the pixels of the respective image sensors] and corresponding measured distances [e.g. depth value or map], of each object embodied in the pixelwise data registered by the controller at the least two different frequencies [e.g. BAAK: FIG. 1]. Regarding claim 4, BAAK and CRANE further disclose the phase space relationship is programmed in the controller [e.g. BAAK: FIG. 1; In a phase process, a periodic amplitude modulation and measurement of the phase offset between the transmitted light and the received light takes place] and the phase space relationship characterizes the relation between differences in the measured intensities and in differences of the measured distances corresponding to the measured intensities in the pixelwise data [e.g. BAAK: FIG. 1-2 and 8-9; unambiguous and corrected depth values of the respective time of flight module 12s]. Regarding claim 5, BAAK and CRANE further disclose the controller is programed to identify discrepancies in measured distances from the measured intensities , the differences in the measured intensities, the measured distances and the differences of the measured distances and calculate a distance error in the measured distance [e.g. BAAK: FIG. 1-2; unambiguous and corrected depth values of the respective time of flight module 12s]. Regarding claim 6, BAAK and CRANE further disclose the controller is programmed to determine a true distance value from the measured distance and distance error[e.g. BAAK: FIG. 1 and 7-9; generating unambiguous and corrected depth values or distance image]. Regarding claim 7, BAAK and CRANE further disclose the three-dimensional sensor is a time- of-flight sensor [e.g. BAAK: FIG. 1; 12s]. Regarding claim 14-20, this is an image processing method that includes same limitation as in claim 1-7 above, the rejection of which are incorporated herein. Claim(s) 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAAK et al (US 20180302611 A1) in view of CRANE et al (US 20140168369 A1) and Hazeghi et al (US 20180130255 A1). Regarding claim 8, this is a system that includes same limitation as in claim 1 above, the rejection of which are incorporated herein, but BAAK and CRANE fail to explicitly disclose an automated logistic system. However, Hazeghi teaches the well-known concept of an automated logistic system by using the image processing system to compute depth maps from captured image [e.g. FIG. 1, 3 and 5; [0047]; warehouse logistics system]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the 3D image processing system disclosed by BAAK to exploit the well-known illumination technique taught by CRANE and the well-known automated logistic system by using the image processing system to compute depth maps from captured image technique taught by Hazeghi as above, in order to provide more accurate and efficient image processing [See CRANE; [0004]] and warehouse capacity management, warehouse cycle counting [See Hazeghi; [0170]]. Regarding claim 9-13, this is an automated logistic system that includes same limitation as in claim 8 and 2-6 together above respectively, the rejection of which are incorporated herein. Response to Arguments Applicant’s arguments, see pages 6-9, filed 03/23/2026, with respect to the rejection(s) of claim(s) 1-7 and 14-20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of CRANE et al (US 20140168369 A1). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph G Ustaris whose telephone number is (571)272-7383. The examiner can normally be reached 9-5pm M-Th. 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, Colleen A Fauz can be reached at 571-272-1667. 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. /JOSEPH G USTARIS/Supervisory Patent Examiner, Art Unit 2483
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Prosecution Timeline

Oct 18, 2024
Application Filed
Dec 22, 2025
Non-Final Rejection mailed — §103
Mar 23, 2026
Response Filed
Jul 07, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
36%
Grant Probability
65%
With Interview (+28.9%)
4y 0m (~2y 3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 99 resolved cases by this examiner. Grant probability derived from career allowance rate.

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