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 .
Drawings
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.
Claims 1-32 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.
Limitation “Comparing the detected light patterns with the generated fight pattern in order to detect a shift of the detected light patterns relative to the generated light pattern; following the shift with regard to a direction of movement of the detected light patterns” is unclear. If correctly understood by the Examiner the pattern is set of points. Not Claim 1 requires comparison of the generated set of points to the detected set of point but it is unclear what is the shift . For example Invention generates 4 points distributed in vertex of the square but due to the object reflectivity detects only three points in three vertices , it is unclear what will be called “a shift”. Further it is unclear how that shift is related to the direction of movement of detected light patterns and why do the light patterns move.
According to claim radiation source generate only single “light pattern” according to BRI. As it is single light pattern we have complete uniqueness of it. Single pattern can illuminate scene only once and therefore no movement is present.
Examiner also wants to note that second limitation limitation of claims 1 has only one patentable feature “ detecting the radiation patters with an element for deflecting radiation”, the rest of the limitation is intended use and has no patentable weight.
Also last limitation of claim 1 is conditional and has no patentable weight.
Conclusion
Applicant also added the reference by Wilmer which teaches generating different unique patterns and comparing them to reference pattern.
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.
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/HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
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