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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 30-34 and 37 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-9, 11-13 and 15 of U.S. Patent No. 11262438. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claimed invention is anticipated by the Patent claimed invention.
Instant claim 1 is anticipated by Patent claim 1, both are independent claims. Additional dependent claims of the instant application are further anticipated by the dependent claims of the Patent such that the claims correspond as such:
instant claim 3 is anticipated by Patent claim 1;
instant claim 4 is anticipated by Patent claim 4;
instant claim 5 is anticipated by Patent claim 5;
instant claim 6 is anticipated by Patent claim 6;
instant claim 7 is anticipated by Patent claim 7; and
instant claim 8 is anticipated by Patent claim 8.
Instant claim 30 is anticipated by Patent claim 9, both are independent claims. Additional dependent claims of the instant application are further anticipated by the dependent claims of the Patent such that the claims correspond as such:
instant claim 31 is anticipated by Patent claim 9;
instant claim 32 is anticipated by Patent claim 11;
instant claim 33 is anticipated by Patent claim 12;
instant claim 34 is anticipated by Patent claim 13; and
instant claim 37 is anticipated by Patent claim 15.
Thus, the instant independent claims alone and further in conjunction with the instant dependent claims identified above, are anticipated by the corresponding claims of the Patent, rendering the instant claimed invention anticipated by that of the Patent.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claims 15, 16, 22 and 23 which describe in various detail a reception matrix as a focal plane array and a transmission matrix as a focal plane array, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-37 are 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 1 and claim 30 recite “wherein the transmission matrix comprises a first subset of transmitting elements and a second subset of transmitting elements, each comprising at least one transmitting element” (claim 30 mutatis mutandis) is rendered indefinite because the claim language of “each comprising at least one transmitting element” is unclear as to whether it is intended to refer to each first and second subset or to the transmitting elements within the first and second subsets. That is to say, it is unclear whether each of the first and second subsets are intended to comprise at least one transmitting element or if each of the transmitting elements of each of the first and second subsets are intended to comprise at least one further transmitting element. For purposes of examination, the claim limitation at issue will be interpreted as each of the first and second subsets comprising at least one transmitting element.
Claim 12 recites the limitation "said movable parts", however, no previous claims on which claim 12 depends establish movable parts. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 is further indefinite because it recites movable parts, wherein claim 11 on which claim 12 depends, explicitly recites no movable parts. As written, claim 12 does not serve to further limit claim 11, rather it convolutes the scope of the claimed invention because: (a) it is unclear if the deflection parts of claim 11 are intended to correspond to the movable parts (rotation mirror/scanning head) or if they are intended to be separate and distinct elements such that the claimed invention is intended to comprise both moving and non moving parts, in the form of a mirror/scanning head and deflecting part, respectively; and (b) it is unclear, if separate and distinct elements, how the deflecting parts and the rotation mirror/scanning head are related to one another for purposes of transmitting light. For purposes of examination, the limitations at issue will be interpreted such that the method includes a movable mirror/scanning head for transmitting light but that BRI in light of the specification dictates that the mirror/scanning head need not always move constantly during transmission to perform its intended function and a non movable part for receiving light.
Claim 25 recites the limitation "an evaluation unit", however, only “at least one evaluation unit” is previously introduced. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 is further indefinite because it requires at least one evaluation unit, but then requires an evaluation unit allocated to each row/column, which implies multiple evaluation units. The scope of the claim is unclear as to whether the claimed invention is intended to be operable with a single evaluation unit or if more than one evaluation unit is necessary to fulfill the metes and bounds of the claimed invention, or if there is a circumstance in which one or the other is possible. If the latter, it is additionally unclear how the system would operate with one evaluation unit versus with multiple evaluation units. For purposes of examination, the limitations at issue will be interpreted as requiring at least one evaluation unit allocated to the receiving elements.
Claim 32 is indefinite because it recites that “wherein at least part of the receiving elements of the reception matrix is preferably arranged in the focal plane…”, with the use of the term “preferably” rendering the scope of the claim unclear. As written, the use of “preferably” appears to render the focal plane receiving elements arrangement as optional and not required by the scope of the claim. However, Applicant’s incorporation of the focal plane receiving elements arrangement implies a desired requirement for the claim scope. Thus, it is unclear whether the scope of the claim is intended to include the optional limitation of the focal plane receiving elements arrangement or if it is required. For purposes of examination, the limitation at issue will be interpreted as requiring the arrangement, as in the other similarly written claims regarding the receiving elements focal plane arrangement.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13, 21, 24-25, 30-31, 33, 37 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by DE102010006943.
1 and 30 mutatis mutandis: DE102010006943 discloses a method for optical distance measurement,
wherein a plurality of measuring pulses is transmitted by at least one transmission matrix having several transmitting elements [via pulses 104, 105 and transmission matrix that includes transmitters 501 and 502],
wherein at least one transmitted measuring pulse is reflected by a measuring object in the form of a reflected measuring pulse [via fig. 5 illustrating transmission through 303 to scene to be measured and reception through 308 from scene to be measured],
wherein the at least one measuring pulse reflected on the measuring object is received by at least one reception matrix having several receiving elements [via reception matrix that includes receiving elements 506 and 507],
wherein the duration of the at least one measuring pulse to the measuring object is determined [at least fig. 1 and p. 4 [0007], paragraph beginning with “The transmission system emits a pulse group 104…”, both of which teach pulse duration/width, such as the width of pulse 105 illustrated in fig. 1 with time element shown by X-axis],
wherein the distance to the measuring object covered by the measuring pulse is determined using the speed of light [via at least p.9 [0016] which teaches time of flight (consideration of speed of light) and distance determination],
wherein the transmission matrix comprises a first subset of transmitting elements and a second subset of transmitting elements, each comprising at least one transmitting element [via p. 13-14, [0022-0023] that teaches particulars of transmitting elements of the transmission matrix that includes transmitters 501 and 502 as subsets of matrix],
wherein
the transmitting elements of the transmission matrix are activated and/or deactivated in such a way that exclusively the first subset of transmitting elements is active at a first time, so that exclusively the at least one transmitting element allocated to the first subset of transmitting elements transmits a measuring pulse, and that exclusively the second subset of transmitting elements is active at a second time, so that exclusively the at least one transmitting element allocated to the second subset of transmitting elements transmits a measuring pulse [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit].
2: DE102010006943 discloses the first subset and/or second subset of transmitting elements comprises a plurality of transmitting elements, wherein the transmitting elements of the first subset and/or second subset during activity simultaneously each transmit at least one measuring pulse [p. 14, [0023] via transmission of pulses per laser/per line].
3: DE102010006943 discloses a first subset of receiving elements comprising at least one receiving element is allocated to the first subset of transmitting elements, wherein a second subset of receiving elements comprising at least one receiving element is allocated to the second subset of transmitting elements, wherein the receiving elements in particular are activated and/or deactivated in such a way that exclusively the first subset of receiving elements is active essentially at the same time that the first subset of transmitting elements is activated, so that the first subset of receiving elements receives the reflected measuring pulses transmitted by the first subset of transmitting elements, and that exclusively the second subset of receiving elements is active essentially at the same time that the second subset of transmitting elements is activated, so that the second subset of receiving elements receives the reflected measuring pulses transmitted by the second subset of transmitting elements [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit; and p. 13-14, [0022-0023] that teaches particulars of corresponding transmitting and receiving elements of the transmission matrix that includes transmitters 501 and 502 as subsets of the matrix and receivers 506 and 507 as part of the receiving matrix].
4: DE102010006943 discloses a receiving element of the reception matrix is allocated to each transmitting element of the transmission matrix [0020, 0022 describes correlation between each transmitter/receiver element].
5: DE102010006943 discloses the first subset and/or second subset of transmitting elements and/or receiving elements form a spatially correlated area of the transmission matrix or reception matrix [p. 13-14, 0022-0023].
6: DE102010006943 discloses the first subset and/or second subset of transmitting elements and/or receiving elements involves at least one row and/or at least one column and/or a submatrix of the transmission matrix or reception matrix [p. 13-14, 0022-0023].
7: DE102010006943 discloses the first subset and/or second subset of transmitting elements and/or receiving elements are spatially adjacent to each other [p. 13-14, 0022-0023].
8: DE102010006943 discloses a plurality of subsets of transmitting elements and/or receiving elements is actuated in such a way that spatially correlated and adjacent areas of the transmission matrix and/or reception matrix are activated one after the other, so that in particular the field of vision is sequentially acquired along a scanning direction [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit, and at least 0017, 0020, wherein transmitter/receiver elements correlate to a scene].
9: DE102010006943 discloses all active elements not belonging to the next subset to be activated are deactivated [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit, and at least 0017, 0020, wherein transmitter/receiver elements correlate to a scene].
10: DE102010006943 discloses the first subset is different from the second subset and the subsets do not overlap [at least fig. 5, 0022-0023 teach that subsets do not overlap].
11: DE102010006943 discloses no movable parts are used for deflecting transmitted measuring pulses or receiving reflected measuring pulses [fig. 5].
12: DE102010006943 discloses said movable parts are a rotation mirror or a scanning head of a sensor [fig. 5, 0024 360 degree swivel/scan].
13: DE102010006943 discloses the method does not use mechanical scanning for deflecting transmitted measuring pulses or receiving reflected measuring pulses [fig. 5].
21: DE102010006943 discloses transmitting the measuring pulses in different directions by at least one transmission optical system [via fig. 5, 0024 360 degree swivel/scan].
24: DE102010006943 discloses conducting a horizontal scan comprising activating or deactivating one column after the other as subsets of transmitting elements and/or receiving elements sequentially in ascending or descending order, or wherein the method comprises conducting a vertical scan comprising activating or deactivating one row after the other as subsets of transmitting elements and/or receiving elements sequentially in ascending or descending order [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit, and at least 0017, 0020, wherein transmitter/receiver elements correlate to a scene].
25: DE102010006943 discloses determining times at which measuring pulses were received by means of at least one evaluation unit, wherein an evaluation unit is allocated to each row and/or column as subsets of receiving elements of the reception matrix respectively [at least 0008-0009, 0016 describe temporal determination of pulses and evaluation by microprocessor module 314 and evaluation unit 312].
31: DE102010006943 discloses the first subset of transmitting elements has allocated to it a first subset of receiving elements comprising at least one receiving element, wherein the second subset of transmitting elements has allocated to it a second subset of receiving elements comprising at least one receiving element, wherein the receiving elements in particular can be activated and/or deactivated in such a way that exclusively the first subset of receiving elements is active essentially at the same time that the first subset of transmitting elements is activated, so that the first subset of receiving elements receives the reflected measuring pulses transmitted by the first subset of transmitting elements, and that exclusively the second subset of receiving elements is active essentially at the same time the second subset of transmitting elements is activated, so that the second subset of receiving elements receives the reflected measuring pulses transmitted by the second subset of transmitting elements [via p. 13-14, [0022-0023] that teaches particulars of corresponding transmitting and receiving elements of the transmission matrix that includes transmitters 501 and 502 as subsets of the matrix and receivers 506 and 507 as part of the receiving matrix].
33: DE102010006943 discloses a plurality of transmission matrices and/or reception matrices, wherein the transmission matrices and/or reception matrices each have allocated to them a transmitting optical system or receiving optical system [0020, 0022 describes correlation between each transmitter/receiver element].
37: DE102010006943 discloses a plurality of measuring pulses is transmitted by at least one transmission matrix having several transmitting elements [via pulses 104, 105 and transmission matrix that includes transmitters 501 and 502], wherein at least one transmitted measuring pulse is reflected by a measuring object in the form of a reflected measuring pulse [via fig. 5 illustrating transmission through 303 to scene to be measured and reception through 308 from scene to be measured], wherein the at least one measuring pulse reflected on the measuring object is received by at least one reception matrix having several receiving elements [via reception matrix that includes receiving elements 506 and 507], wherein the duration of the at least one measuring pulse to the measuring object is determined [at least fig. 1 and p. 4 [0007], paragraph beginning with “The transmission system emits a pulse group 104…”, both of which teach pulse duration/width, such as the width of pulse 105 illustrated in fig. 1 with time element shown by X-axis], wherein the distance to the measuring object covered by the measuring pulse is determined using the speed of light [via at least p.9 [0016] which teaches time of flight (consideration of speed of light) and distance determination], wherein the transmission matrix comprises a first subset of transmitting elements and a second subset of transmitting elements, each comprising at least one transmitting element, wherein the transmitting elements of the transmission matrix are activated and/or deactivated in such a way that exclusively the first subset of transmitting elements is active at a first time, so that exclusively the at least one transmitting element allocated to the first subset of transmitting elements transmits a measuring pulse, and that exclusively the second subset of transmitting elements is active at a second time, so that exclusively the at least one transmitting element allocated to the second subset of transmitting elements transmits a measuring pulse [at least fig. 5 and p. 13 [0022] via electronically multiplexed distance measurement, by which sequential illumination is implicit].
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) 14, 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Williams (US 2016/0054434).
34: DE102010006943 explicitly lacks, but Williams teaches the device is a LIDAR sensor, in particular a Flash LIDAR sensor [0035].
14, 35 mutatis mutandis: DE102010006943 explicitly lacks, but Williams teaches a solid-state LIDAR sensor [0035 teaches flash LIDAR, which is a type of solid-state LIDAR].
Regarding claims 14, 34-35: It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in DE102010006943 with the flash/solid-state LIDAR sensors disclosed in Williams with a reasonable expectation of success because such allows for illuminating a desired scene to acquire detailed range measurements of desired region or point in a scene.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Belenkii (US 20150042793).
15: DE102010006943 teaches a reception matrix (see rejection of claim 1). DE102010006943 explicitly lacks, but Belenkii teaches the reception components are configured as a focal plane array [0019, claim 1].
16: DE102010006943 teaches a reception matrix (see rejection of claim 1). DE102010006943 explicitly lacks, but Belenkii teaches imaging the reflected measuring pulses on the reception matrix by at least one receiving optical system, wherein at least part of the receiving elements of the reception components are arranged in a focal plane of the at least one receiving optical system [0019, claim 1, wherein the fisheye lens corresponds to the receiving optical system].
17: DE102010006943 explicitly lacks, but Belenkii teaches only one receiving optical system is used [0019, claim 1, wherein the fisheye lens corresponds to the receiving optical system].
18: DE102010006943 explicitly lacks, but Belenkii teaches the receiving optical system is understood as a receiving optics [0019, claim 1].
19: DE102010006943 explicitly lacks, but Belenkii teaches the receiving optical system is a wide-angle lens [0019, claim 1, wherein the fisheye lens corresponds to the receiving optical system and is a wide-angle lens].
20: DE102010006943 explicitly lacks, but Belenkii teaches no micro lens array is used as a receiving optical system [Belenkii does not disclose use of micro lens array being used as a receiving optical system].
Regarding claims 15-20: It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in DE102010006943 with the receiving optical system and focal plane array disclosed in Belenkii with a reasonable expectation of success because a fisheye lens allows for 180 degree angle coverage of a scene and the focal plane array allows for image or signal capture across a range of scene simultaneously.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Holmgren (US 2013/0112667).
22: DE102010006943 explicitly lacks, but Holmgren teaches the transmission matrix is configured as a focal plane array [fig. 2, 0033 laser diode array 202 (as stack assembly) is located in the front focal plane].
23: DE102010006943 explicitly lacks, but Holmgren teaches at least part of the transmitting elements of the transmission matrix are arranged in the focal plane of the at least one transmitting optical system [fig. 2, 0033 laser diode array 202 (as stack assembly) is located in the front focal plane].
Regarding claims 22-23: It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in DE102010006943 with the laser diode array located in focal plane disclosed in Holmgren with a reasonable expectation of success because such allows for the transmission of light in a variety of directions, such as when imaging a scene for object detection, imaging or tracking.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943.
26: DE102010006943 explicitly lacks disclosing distance between transmitting elements of the reception and transmission matrices, but does disclose the matrices, which implicitly includes some distance between of the elements. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to determine non-uniform distances between elements, since it has been held the discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Dieguez Barrientos (US 2018/0313688).
27: DE102010006943 explicitly lacks but Dieguez Barrientos teaches the receiving elements of the reception matrix are single photon avalanche diodes [at least 0053].
28: DE102010006943 explicitly lacks but Dieguez Barrientos teaches a single photon triggers an avalanche effect in the diode, such that receiving a single photon results in a detection of an event, wherein events are aggregated in an event aggregator to determine the time of flight of a distance to the measuring object [at least 0053].
29: DE102010006943 explicitly lacks but Dieguez Barrientos teaches the event aggregator is a histogram [at least 0053].
Regarding claims 27-29: It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in E102010006943 with SPAD and histogram disclosed in Dieguez Barrientos with a reasonable expectation of success because use of SPADs determine arrival times of individual photons and a histogram provides data as to how many pixels fall within a specified range, for instance.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Holmgren (US 2013/0112667) and further in view of Belenkii (US 20150042793).
32: DE102010006943 teaches the device comprises at least one transmitting optical system for transmitting the measuring pulses in different directions [via fig. 5, 0024 360 degree swivel/scan].
DE102010006943 explicitly lacks, but Holmgren teaches wherein at least part of the transmitting elements of the transmission matrix is arranged in the focal plane of the at least one transmitting optical system [fig. 2, 0033 laser diode array 202 (as stack assembly) is located in the front focal plane].
DE102010006943 teaches a reception matrix (see rejection of claim 1).
DE102010006943 explicitly lacks, but Belenkii teaches wherein the device in particular comprises at least one receiving optical system for imaging the measuring pulses on the reception components, wherein at least part of the receiving elements of the reception components is preferably arranged in the focal plane of the at least one receiving optical system [0019, claim 1].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in E102010006943:
with the laser diode array located in focal plane disclosed in Holmgren with a reasonable expectation of success because such allows for the transmission of light in a variety of directions, such as when imaging a scene for object detection, imaging or tracking; and
with the receiving optical system and focal plane array disclosed in Belenkii with a reasonable expectation of success because a fisheye lens allows for 180 degree angle coverage of a scene and the focal plane array allows for image or signal capture across a range of scene simultaneously.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE102010006943 in view of Eisele (US 2012/0262696).
36: DE102010006943 explicitly lacks but Eisele teaches a transmitting pixel is allocated to each transmitting element, wherein a receiving pixel is allocated to each receiving element, wherein the transmitting pixels have a larger or smaller expansion than the receiving pixels [at least 0060].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the laser sensor disclosed in DE02010006943 with different pixel sizes disclosed in Eisele with a reasonable expectation of success because such allows for controlling the amount of light desired to be transmitted and received at a given pixel or pixel location, such as to accommodate for distance.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Samantha K. Nickerson whose telephone number is (571)270-1037. The examiner can normally be reached Generally Monday-Tuesday, 7:00AM-3:00PM CT.
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.
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SAMANTHA K. NICKERSON
Primary Examiner
Art Unit 3645
/SAMANTHA K NICKERSON/Primary Examiner, Art Unit 3645
Prosecution Insights