DETAILED ACTION
Response to Arguments
Applicant's arguments filed on 05/26/2026 have been fully considered but they are not persuasive.
Applicant argues: “Turning to the rejection, claims 1 and 8 recite, "a light emitter configured to rotate inside the housing and emit light through the aperture of the housing, wherein the light emitter includes a plurality of individual emitters emitting beams including a first emitter and a second emitter, the beam of the first emitter having a first polarization and the beam of the second emitter having at least one polarization different from the first polarization, … As shown above, Johnson uses a single linearly polarized beam 111 from a single laser 110, which is passed through a fiber optic circulator 180. While the Office Action (page 6) admits only a single light source is present in Johnson”
Examiner notes that Applicant’s argument presumes that the claimed first emitter and a second emitter are lasers, however the Claims 1 and 8 are not limited to lasers. Materially, Claim 2 describes this feature as “the light emitter comprises a laser emitter that is configured to emit a plurality of beams of light, each of which will comprise a polarized laser beam having the first polarization,” which reads directly on the example cited in Johnson.
Also note that Specification indicates that light sources can broadly embody “the sun, street lights, vehicle headlights, etc.” See Specification, paragraphs 28. Specification further indicates that “All light is composed of a mixture of up to four polarization states: vertical, horizontal, right handed circular and left handed circular. Accordingly, to limit the polarization of light that the receiver will receive, a polarization filter 102 may be positioned in front of the LiDAR receiver so that only the transmitted polarization is detected by the receiver. The receiver includes one or more photosensitive detectors 100 that produce an electrical signal when light 103 is absorbed by the detector(s). The receiver may also include one or more optical elements 101 such as a lens, reflector, mirror, window, or spectral filter.” Specification, Paragraphs 24-25. Thus, the claimed light emitter covers a broad range of light sources and optical devices for generating beams that include different polarizations, some of which are cited in Johnson and some in Sekiguchi. See reasons for rejection below.
Applicant argues: “Thus, there is no advantage to modifying Johnson to incorporate multiple emitters, and the Office Action makes no assertion to the contrary. … There is also no advantage to Johnson to incorporate multiple emitters having different polarizations, for which the Office Action (page 7) cites Stern, which is directed to detecting ice/snow on aircraft wings.”
Examiner notes that assertion of advantage or bodily incorporation is not a requirement under section 103. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Here, prior art explicitly states a claimed limitation in that where one light source is described “a plurality of light sources 202 can be arranged.” Sekiguchi, Paragraph 117. See reasons for rejection and statements of motivation below.
Applicant argues: “Further, the addition of multiple emitters having different polarizations would render Johnson unsuitable for its intended purpose. See MPEP § 2143.0l(V)("If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, there may be no suggestion or motivation to make the proposed modification."). … Multiple lasers with differing polarization states (whether combined into one beam or multiplexed) would corrupt the polarization analysis that generates error signal 160, rendering both laser-frequency stabilization and target-velocity measurement unreliable or impossible.”
Examiner notes that the claims are not limited to “multiple lasers with differing polarization states.” As noted above, and confirmed in Applicant’s Specification and Claim 2, a light emitter can emit multiple beams, can have multiple polarization states, and can be made up of multiple light emitters such as lasers or optical elements that split beams and/or filter polarization. Prior art teaches various embodiments within the claimed scope. See reasons for rejection below.
Applicant argues: “Assuming multiple lasers are combined to produce a single transmit beam that still goes through optics 190, circulator 180, and Johnson's DA VLL path, and assuming each laser has a distinct polarization state ( e.g., one horizontal-linear, one vertical-linear, one left-circular, one right-circular, or arbitrary orientations), even if all lasers are nominally at the same wavelength, the effects on the DA VLL gas cell 120 are catastrophic for the following reasons:”
Examiner notes that the reasons for rejection do not require the specific bodily incorporation proposed by the Applicant. It is obvious that a light source can be (and frequently are) made up of multiple light sources and this can be done in multiple ways not limited to a catastrophic example made up by the Applicant. See Seikiguchi, Paragraph 117. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant argues: “Also, as stated in the response to the previous office action, Steinberg's high-speed rotation of the emitter and detector within the housing inevitably generates mechanical vibration which interferes with the extremely precise optical alignment required by the Johnson's DA VLL system while also causing fluctuations in the laser frequency itself Therefore, it would be counterintuitive for those skilled in the art to simply combine the Johnson's DA VLL system, which requires extremely precise frequency control, with the Steinberg's rotating scanning unit, which inevitably generates vibration.”
Examiner notes that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
The claims are not limited to and Johnson is not cited for the teachings of the calibration loop features in argument, and bodily incorporation of unclaimed features is not required of the prior art. Johnson, Steinberg, and Stern are directed to implementing LIDAR systems and are relevant for the relevant aspects of the systems that are cited in the reasons for rejection below. As noted below it is known that a LIDAR system can rotate, can be integrated into a housing, and can used different types of illumination and imaging components in the same manner as claimed.
Applicant argues: “In particular, the underlying issue Applicant raises relates to a reasonable expectation of success. Applicant does not argue about "bodily incorporation," but instead (correctly) points out that the vibration caused by the Steinberg device would once more render Johnson unsuitable for its intended purpose. See MPEP § 2143.0l(V).”
Examiner notes that Applicant argues about reasonable expectation of success and suitability of purpose on presumption that prior art devices are to be bodily incorporated in their entirety. As noted above, bodily incorporation analysis is not a requirement under section 103. Johnson provides details of a LIDAR system, Steinberg indicates that it was known in the art that a LIDAR system can be mounted or a rotating structure or in a rotating housing. This appears to be a straight forward and obvious thing to do to a LIDAR system “in order to mechanically scan the environment with the LIDAR system while protecting the LIDAR components from the environment.” See Steinberg, Paragraphs 153, 128, Fig.3D.
Claim Construction
Note that, for purposes of compact prosecution, multiple reasons for rejection may be provided for a claim or a part of the claim. The rejection reasons are cumulative, and Applicant should review all the stated reasons as guides to improving the claim language and advancing the prosecution toward an allowance.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed by a method claim, or by claim language that does not limit an apparatus claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are: (A) “adapted to” or “adapted for” clauses; (B) “wherein” clauses; and (C) “whereby” clauses. M.P.E.P. 2111.04. Other examples are where the claim passively indicates that a function is performed or a structure is used without requiring that the function or structure is a limitation on the claim itself. The clause may be given some weight to the extent it provides "meaning and purpose” to the claimed invention but not when “it simply expresses the intended result” of the invention. In Hoffer v. Microsoft Corp., 405 F.3d 1326, 1329, 74 USPQ2d 1481, 1483 (Fed. Cir. 2005). Further, during prosecution, claim language that may or may not be limiting should be considered non-limiting under the standard of the broadest reasonable interpretation. See M.P.E.P. 904.01(a); In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997).
Component arrangements or rearrangements which do not modify operation of the device cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (shifting the position of the starting switch was not patentable because it would not have modified the operation of the device.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 5, 8-9, 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210389436 to Johnson (“Johnson”) in view of US 20140247357 to Sekiguchi (“Sekiguchi”), in view of US 5838239 to Stern (“Stern “), and in view of US 20180113200 to Steinberg (“Steinberg”)
Regarding Claim 1: “A light detection and ranging (LiDAR) system, comprising: (“embodiments of a direct detection LIDAR system” Johnson, Paragraph 10 and similarly in Sekiguchi, Paragraph 129 and Stern, Column 27, line 19.)
a light emitter configured to (“a target 210 is illuminated by the transmitted light from the laser transmitter” Johnson, Paragraph 15. Similarly, “a light-emitting diode (LED) is used as the light source 202,” in Sekuguchi, Paragraph 144.)
wherein the light emitter includes a plurality of individual emitters emitting a plurality of beams [that pass through the aperture of the housing,] (“Note that in the present embodiment, a case where there is one light source 202 has been explained; however, a plurality of light sources 202 can be arranged. … in which a plurality of polarization filter regions, the directions of transmission axes of which are different to each other are regionally divided” Sekiguchi, Paragraph 117. In another example, a plurality of individual emitters including a first and second can be produces like “The corresponding outputs of the polarizing beam splitter 140 are then focused by lenses 142 and 14 1 onto detectors 151 and 152,” Johnson, Paragraph 15. See passing through an aperture of a housing and the statements of motivation below.)
the plurality of individual emitters including a first emitter emitting a first beam of the plurality of beams and a second emitter emitting a second beam of the plurality of beams, (“a plurality of light sources 202 can be arranged. In that case, as the polarization filter layer 225 of the filter part for the raindrop detection 220B, one in which a plurality of polarization filter regions, the directions of transmission axes of which are different to each other are regionally divided …” Seikiguchi, Paragraph 117. . In another example, a plurality of individual emitters including a first and second can be produces like “The corresponding outputs of the polarizing beam splitter 140 are then focused by lenses 142 and 14 1 onto detectors 151 and 152,” Johnson, Paragraph 15. See statement of motivation below.)
the first beam having a first polarization and (For example: “laser beam output by laser 110 which is initially linearly polarized,” See Johnson, Paragraph 12 for example, vertically polarized as in Sekuguchi, Paragraph 144. See statement of motivation below. This embodiment is consistent with the preferred embodiment in Specification, Paragraph 28 and original Claim 5.)
the second beam having at least one polarization different from the first polarization, (Note that this claim element or the supporting description in the Specification are not tied to any particular functionality of the LIDAR but rather describe a range of options that can be used for light emitters: “The individual beams emitted by emitter 504 will have a well-defined state of polarization that may or may not be the same across the entire array.” See Specification, Paragraph 35.
Seikiguchi teaches: “a plurality of light sources 202 … the polarization filter region of the plurality of the light sources 202 …” Seikiguchi, Paragraphs 117-118. See statement of motivation below.
Johnson and Seikiguchi do not explicitly describe an option where a second illumination beam can have a different polarization from the first.
Stern teaches this feature in the context imaging and LIDAR systems: “Referring to FIGS. 10a-10f, a concentric arrangement of illuminating light sources 13 … As shown in FIG. 10c, each light source 13 has four similar segments 203-1 through 203-4. Each segment 203 has two assemblies 203a and 203b that have a plurality of linearly polarized light sources 103 … The polarization axes of the filters on assemblies 203a and 203b are mounted orthogonal to each other” and thus different from each other. Stern, Column 12, lines 11-52. This describes both an array of light sources and at least two light beams having different polarization.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to supplement the teachings of Johnson and Seikiguchi to implement a light source with “the second beam having at least one polarization different from the first polarization” as taught in Stern, in order to provide light sources that “minimize preferential reflection of the light from the surface to be illuminated.” Stern, Column 12, lines 45-48.
Finally, in reviewing the present application, there does not seem to be objective evidence that the claim limitations are particularly directed to: addressing a particular problem which was recognized but unsolved in the art, producing unexpected results at the level of the ordinary skill in the art, or any other objective indicators of non-obviousness. See Specification, Paragraph 35.
each of the first polarization and the at least one polarization different from the first polarization has a predetermined state of polarization, the predetermined state of polarization including a vertical polarization, a horizontal polarization, a left hand circular polarization and a right hand circular polarization; (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, the first beam can have a vertical polarization while the second beam can contain at least one other polarization such as a horizontal, a left hand circular, a right hand circular polarization, or all of the above as may be contained in unpolarized light.
Prior art teaches an embodiment with “a plurality of linearly polarized light sources 103 … The polarization axes of the filters on assemblies 203a and 203b are mounted orthogonal to each other” and thus produce beams having polarizations that are different from each other. Stern, Column 12, lines 11-52. See statement of motivation above.)
a light detector [configured to rotate inside the housing and] comprising a photodetector configured to produce an electrical signal when receiving light reflected by an object (“If a target [object] 210 is illuminated by the transmitted light from the laser transmitter/receiver optics 190, some of that light will be reflected and connected by the transmit/receive optics 190 … focused by lenses 142 and 141 onto detectors 151 and 152, respectively. Detectors 151 and 152 convert the respective light signals to electrical signals.” Johnson, Paragraph 15. Similarly, see Sekuguchi, Paragraph 125.)
a processor that determines a distance to the object using the electrical signal; (“The LIDAR system of claim 2, wherein the processor is further configured to compute a distance to the target in accordance with the determined ratio.” Johnson, Claim 3, and similarly in Paragraph 15. See similarly in Sekuguchi, Paragraph 42.)
a polarization filter disposed in front of the light detector, (“If a target 210 is illuminated by the transmitted light from the laser transmitter/receiver optics 190, some of that light will be reflected and connected by the transmit/receive optics 190 and directed to the circulator 180 to a collimating lens 154 that collimates the light. Following the collimating lens 154 is a polarizer 153 and a narrow bandpass filter 155. … then focused by lenses 142 and 141 onto detectors 151 and 152, respectively.” Johnson, Paragraph 15. For example, this filter can be a vertical polarization filter as in Figs. 15A and 17. See similarly in Sekiguchi, Paragraph 75. See statement of motivation below.)
first optical elements disposed before the polarization filter, so that light entering the LiDAR system passes through some or all of the first optical elements before reaching the polarization filter, and through the polarization filter before reaching the light detector; and (For example, “Following the collimating lens 154 [before] is a polarizer 153 and a narrow bandpass filter 155 [after]” which is an example of the claimed optical element. See Johnson, Paragraph 15.)
second optical elements disposed between the polarization filter and the light detector, so that light entering the LiDAR system passes through the polarization filter before reaching some or all of the second optical elements, and through the polarization filter before reaching the light detector, (For example, “Following the collimating lens 154 [before] is a polarizer 153 and a narrow bandpass filter 155 [between] ... The light then goes through the gas cell 120. … goes to the quarter wave plate 130 [between] and then on to the polarizing beam splitter 140 [between]. The corresponding outputs of the polarizing beam splitter 140 are then focused by lenses 142 and 141 [between] onto detectors 151 and 152, respectively,” which are examples of the claimed optical elements. See Johnson, Paragraph 15.)
wherein the light detector is configured to receive and detect via the polarization filter one or more characteristics of light emitted by the light emitter after being reflected by an object, (“If a target 210 is illuminated by the transmitted light from the laser transmitter/receiver optics 190, some of that light will be reflected and connected by the transmit/receive optics 190 and directed to the circulator 180 to a collimating lens 154 that collimates the light. Following the collimating lens 154 is a polarizer 153 and a narrow bandpass filter 155. … then focused by lenses 142 and 141 onto detectors 151 and 152, respectively.” Johnson, Paragraph 15 and Fig 1. Similarly, “detector in which accuracy in identification that identifies light reflected from attached matter such as a raindrop, … light transmitted through the polarization filter layer 225 of the filter part for the rain detection 220B is only the vertical polarization component P,” Sekiguchi, Paragraphs 4 and 105. See statement of motivation below.)
wherein the polarization filter is configured to limit polarization of light entering the light detector to a single polarization and thus filter noise light from reaching the light detector.” (“a polarizer 153 and a narrow bandpass filter 155. The narrow bandpass filter is used to reduce background illumination,” thus limiting the polarization and wavelengths of light that can reach the detectors to the desired light properties. Johnson, Paragraph 15. Similarly see Sekiguchi, Paragraphs 104-105 and statement of motivation below.)
wherein the emitted light has polarization oriented to correspond to an orientation of the polarization filter, (When Johnson emits linearly polarized light in Paragraph 12 and then filters the reflected polarized light through a polarizer before detecting it in Paragraph 15, it is implied that the orientations of the polarizations are “corresponding” within the claimed scope of correspondences. Sekiguchi further exemplifies a “correspondence” in making the polarization directions of the filters be parallel, in order to filter out ambient noise that lowers the accuracy of the detection system. See See Sekiguchi, Paragraphs 104-105 and statement of motivation below. This example corresponds exactly the purpose of the claimed invention. See Specification Paragraphs 2 and 5.)
wherein the polarization filter is downstream of the light emitter and the light detector is downstream of the polarization filter, (“If a target 210 is illuminated by the transmitted light from the laser transmitter/receiver optics 190, some of that light will be reflected and connected by the transmit/receive optics 190 and directed to the circulator 180 to a collimating lens 154 that collimates the light. Following the collimating lens 154 [downstream] is a polarizer 153 and a narrow bandpass filter 155. … then focused by lenses 142 and 141 onto [downstream] detectors 151 and 152, respectively.” Johnson, Paragraph 15. Similarly, in Sekiguchi, Paragraphs 104, 105. See statement of motivation below.)
wherein the polarization filter is combined with a quarter wave plate” (“the collimating lens 154 is a polarizer 153 and a narrow bandpass filter 155 … goes to the quarter wave plate 130” Johnson, Paragraph 14. See statement of motivation below.)
wherein the first optical elements are fixedly arranged in front of the light emitter and the light detector.” (For example, “If a target 210 is illuminated by the transmitted light from the laser transmitter/receiver optics 190, some of that light win be reflected and collected by the transmit/receive optics 190” See Johnson, Paragraph 15 and Fig. 1.)
Johnson does not explicitly state that the polarizer contributes to reducing noise from background illumination from reaching the light detector because it’s invention is geared toward optimizing bandpass filtering of the noise, or “wherein light received and detected by the detector has only the first polarization,” however a person of ordinary skill in the art would understand that this is a conventional use of polarizing filters in imaging, and (although not explicitly defined) the polarizing filter in Johnson likely has the first polarization corresponding to the laser emitter first polarization:
Sekiguchi provides examples particularly directed to “the polarization filter is configured to limit polarization of light entering the light detector to the first polarization and thus filter noise light from reaching the light detector, the noise light having a polarization that is different from the first polarization … wherein light received and detected by the detector has only the first polarization … the noise light having a polarization that is different from the first polarization,” in the context of using laser illuminated optical detection systems used on vehicles: “ambient light that lowers the accuracy in the raindrop detection is specularly-reflected light that is specularly-reflected by the inner surface of the front window 105, most of its polarization component is a polarization component, … Therefore, light transmitted through the polarization filter layer 225 of the filter part for the rain detection 220B is only the vertical polarization component P, and it is possible to cut the horizontal polarization component S that occupies a large amount of the ambient light of the reflection” of light containing undesired ambient noise. Sekiguchi, Paragraphs 104-105. This operation is in conjunction with “laser diode (LD) … the LD emits only light of a specific polarization component, axis of the LD can be adjusted such that only light of the vertical polarization component P is incident” Sekuguchi, Paragraph 144. Thus, light emission and detection are both limited to having vertical polarization, which is an example of “the first polarization” of the claims.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to supplement the teachings of Johnson so that “the polarization filter is configured to limit polarization of light entering the light detector to a single polarization and thus filter noise light from reaching the light detector” as taught in Sekiguchi, in order to improve the optical detection system accuracy in the presence of ambient light. Sekiguchi, Paragraphs 104-105.
Finally, in reviewing the present application, there does not seem to be objective evidence that the claim limitations are particularly directed to: addressing a particular problem which was recognized but unsolved in the art, producing unexpected results at the level of the ordinary skill in the art, or any other objective indicators of non-obviousness.
Johnson, Sekiguchi, and Stern do not explicitly teach the features below.
Steinberg teaches the features below in the context of LIDAR systems:
a housing having an aperture (”the motor (or other mechanism) may mechanically rotate a rigid structure of LIDAR system 100 on which one or more light sources 112 and one or more sensors 116 are installed,” where “all the components of LIDAR system 100 may be contained within a single housing 200,” See Steinberg, Paragraphs 153, 128, Fig.3D.)
made of a material transparent to light; (Note that in Steinberg, the outer shell of the housing is a dome having a window 124 that is transparent to light, where the housing can remain stationary while the rigid structure 100 containing the emitter 116 and collector 112 inside the dome is rotated: “the projected light emission may be directed to exit aperture 314 that is part of a wall 316 … wall 316 can be formed from a transparent material ( e.g., glass)” See Steinberg, Paragraph 154 and Fig. 3D.)
[a light emitter configured to] rotate inside the housing (Prior art teaches two embodiments: “[1] In this example, LIDAR system 100 may include a motor or other mechanisms for rotating housing 200 about the axis of the LIDAR system 100. [2] Alternatively, the motor (or other mechanism) may mechanically rotate a rigid structure of LIDAR system 100 on which one or more light sources 112 and one or more sensors 116 are installed,” where “all the components of LIDAR system 100 may be contained within a single housing 200,” See Steinberg, Paragraphs 153, 128, Fig.3D.)
[a light emitter configured to] emit light through the aperture of the housing … [beams] that pass through the aperture of the housing, (“the projected light emission may be reflected by deflector 114A through an exit aperture 314 when projected light 204 travel towards optional optical window 124,” which is an optical aperture of the housing 200. See Steinberg, Paragraphs 128, 157, 216 Fig.3D.)
[a light detector configured to] rotate inside the housing (Prior art teaches two embodiments: “[1] In this example, LIDAR system 100 may include a motor or other mechanisms for rotating housing 200 about the axis of the LIDAR system 100. [2] Alternatively, the motor (or other mechanism) may mechanically rotate a rigid structure of LIDAR system 100 on which one or more light sources 112 and one or more sensors 116 are installed,” where “all the components of LIDAR system 100 may be contained within a single housing 200,” See Steinberg, Paragraphs 153, 128, Fig.3D.)
[receiving light reflected by an object] through the aperture of the housing; (“In one or more embodiments, the DAVLL system 100 may be contained within the same housing (not shown) as the laser source,” which indicates that the housing has sufficient apertures for the light from the light source to exit the housing and for the reflected light to enter the housing onto the detectors when reflected from the object.. See Johnson, Paragraph 14 and Fig. 1. This is similarly taught by Steinberg: “a portion of the photons reflected from object 208A enters optional optical window 124” which is an optical aperture part of the housing 200, in Steinberg, Paragraphs 128, 157, 216, Fig.3D.)
wherein the light emitter and the light detector rotate inside the stationary dome of the housing, (“Alternatively, the motor (or other mechanism) may mechanically rotate a rigid structure of LIDAR system 100 on which one or more light sources 112 and one or more sensors 116 are installed,” where “all the components of LIDAR system 100 may be contained within a single housing 200,” including the light sources 112 and the sensors 116 and the structure on which they are installed inside the housing. See Steinberg, Paragraphs 153, 128, and Fig.3D.)
wherein an outer shell of housing is a stationary dome, at least partially made of a material that is transparent to light, with rotatable components inside of the housing, (Note that in Steinberg, the outer shell of the housing is a dome having a window 124 that is transparent to light, where the housing can remain stationary while the rigid structure 100 containing the emitter 116 and collector 112 inside the dome is rotated. See Steinberg, Paragraph 154 and Fig. 3D.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to supplement the teachings of Johnson and Sekiguchi to rotate the light emitter and light detector which are placed inside a housing having an aperture through which they can respectively emit and receive light, as taught in Steinberg, in order to mechanically scan the environment with the LIDAR system while protecting the LIDAR components from the environment. Steinberg, Paragraph 153.
Finally, in reviewing the present application, there does not seem to be objective evidence that the claim limitations are particularty directed to: addressing a particular problem which was recognized but unsolved in the art, producing unexpected results at the level of the ordinary skill in the art, or any other objective indicators of non-obviousness.
Regarding Claim 2: “The LiDAR system of claim 1, wherein the light emitter comprises a laser emitter that is configured to emit a plurality of beams of light, each of which will comprise a polarized laser beam having the first polarization.” (“in a case where a laser diode (LD) is used as the light source 202, since the LD emits only light of a specific polarization component,” Sekuguchi, Paragraph 144. See statement of motivation in Claim 1.)
Regarding Claim 5: “The LiDAR system of claim 1, wherein the polarization filter is configured to filter out any light that does not exhibit a vertical polarization.” (“Therefore, in the polarization filter layer 225 in the filter part of the raindrop detection 220B of the optical filter 205 in the present embodiment, a transmission axis is set so as to transmit a polarization component, … only the vertical polarization component P.” Sekiguchi, Paragraph 104. See statement of motivation in Claim 1.)
Claim 8 is rejected for reasons stated in Claim 1, and because prior art teaches: “a polarization filter, wherein the polarization filter is configured to limit polarization of light entering the LiDAR system to a single polarization and thus filter retroreflected light from cube corner reflectors and prevent it from reaching the light detector, the retroreflected light having a polarization that is different from the first polarization.” (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, the “retroreflected light from cube corner reflectors” is a specularly reflected light that can be effectively filtered by passing only vertically polarized light components. See Specification, Paragraphs 27-28 and Claim 12. Sekiguchi teaches this solution in dealing with similar reflective surfaces: “light transmitted through the polarization filter layer 225 of the filter part for the rain detection 220B is only the vertical polarization component P” Sekiguchi, Paragraphs 104-105. See statement of motivation in Claim 1.)
Claims 9, 12 are rejected for reasons stated for Claims 2, 5 respectively in view of the Claim 8 rejection.
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.
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/MIKHAIL ITSKOVICH/Primary Examiner, Art Unit 2483
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