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 .
Election/Restrictions
In the response of 8/8/25 applicant elected, without traverse, inventive group III.
In the amended claims, applicant added claim 37, directed to unelected group I, and claim 39, directed to unelected Group IV.
Claims 37 and 39 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/8/25.
Claim Status
Claims 1-12, 14-15, 25-39 are pending.
Claims 4-12, 28-30, 32, 37 and 39 stand withdrawn.
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 14-15, 25-27, 31, 33, 34, 36, and 38 are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2017 207 928 A1 [Heussner] in view of Shi, Zhen-dong, Liang Fang, and Chong-xi Zhou. "A filter array based on the variable period grating array and Fabry-Perot resonator." Optoelectronics Letters 10.1 (2014): 9-11 [hereinafter Shi].
Regarding Claim 1:
Heussner teaches an active illumination apparatus, comprising:
an emission source comprising a plurality of emitters configured to emit light at an operating wavelength within a predetermined passband to illuminate a field of view (Fig. 1 (65-0, 65-1, 65-2)), and
a bandpass filter element disposed in an optical path of the plurality of emitters (claim 8 -“a transmitter-side optical bandpass filter (36) which has identical or at least comparable optical properties, such as the receiver-side optical bandpass filter (36), in particular with regard to the angle-dependent position of the transmission window”). λ
However, Heussner fails to teach a spatially-varying filter element disposed in an optical path of the plurality of emitters, the filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the plurality of emitters that passes through different regions of the spatially-varying filter element is output at different wavelengths along the filter element.
Shi teaches a filter array based on a variable period grating and Fabry-Perot resonator element (abstract, Fig. 1), the filter array being a spatially-varying filter element (see annotated Fig. 1 below) disposed in an optical path of an emitter (See Fig. 1 below indicating light incident upon the filter), the filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the plurality of emitters that passes through different regions of the spatially-varying filter element is output at different wavelengths along the filter element (see annotated fig. 1 below).
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It would have been obvious to one of ordinary skill in the art before the effective time of filing to replace the transmitter side filter of Heussner with the spatially varying filter of Shi. One would have been motivated to do so since this would allow the user to further spatially refine the various emitted wavelengths of Heussner’s emitters.
Regarding Claim 2:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the respective portions of the field of view comprise respective field angles (see Heussner Fig. 5), and wherein the spatially-varying filter is configured such that the output wavelength at each field angle is determined by a position on the filter element throught which the light passes such that a first wavelength is emitted at one or more central angles of the field angles, and a second wavelength that is greater than or less than the first wavelength at one or more peripheral angles of the field angles (see Shi annotated fig. 1 above).
Regarding Claim 3:
The modified invention of claim 2 teaches the active illumination apparatus of claim 2, wherein the spatially-varying filter is configured so that the output wavelengths of the optical signals decrease in a stepwise or continuous fashion from the one or more central angles of the field angles to the one or more peripheral angles of the field angles. As can be seen in Shi Fig. 1, the filter has a stepwise change in period. This in turn indicates a stepwise decrease in central output wavelength from the central angle to a peripheral angle in at least one direction per Shi eq. 4.
Regarding Claim 14:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the plurality of emitters comprise one or more broadband light sources configured to emit light across a spectral range encompassing all of the output wavelengths produced by the spatially-varying filter element (Heussner, page 4 of machine translation, “Using one or more broadband light sources of the light source unit in cooperation with a transmitter-side optical bandpass filter”), and wherein the filter element is configured such that, at any given time, different regions along its surface selectively transmit different, narrower wavelengths to different portions of the field (as shown in Shi Fig. 1).
Regarding Claim 15:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the filter element comprises a spatially varying bandpass filter with a non-uniform gap between one or more components thereof for the purpose of adjusting transmission properties. As shown in Shi Fig. 1.
Regarding Claim 25:
Heussner discloses an active illumination-based imaging apparatus, comprising:
an emission source comprising an array of emitter configured to emit light to illuminate a field of view (Fig. 1 (65-0, 65-1, 65-2)), and
a detection module (Fig. 1 (20)) comprising a plurality of detector elements configured to image the field of view (Fig. 1 (22)),
a bandpass filter element disposed in an optical path of the array of emitters (claim 8 -“a transmitter-side optical bandpass filter (36) which has identical or at least comparable optical properties, such as the receiver-side optical bandpass filter (36), in particular with regard to the angle-dependent position of the transmission window”),
wherein the filter element is configured such that, for each field angle, an emission wavelength output toward the field angle is selected to offset variation in optical characteristics of the detection module at the respective angle ( as described in claim 8, the transmission filter corresponds to the receiving filter, i.e., the emission at a particular angle correspond to the reception at said angle.).
However, Heussner fails to teach a spatially-varying filter element disposed in an optical path of the array of emitters, the spatially-varying filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the array of emitters and passing through corresponding regions of the spatially-varying filter element is output at different wavelength.
Shi teaches a filter array based on a variable period grating and Fabry-Perot resonator element (abstract, Fig. 1), the filter array being a spatially-varying filter element (see annotated Fig. 1 above) disposed in an optical path of an emitter (See Fig. 1 above indicating light incident upon the filter), the filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the plurality of emitters that passes through different regions of the spatially-varying filter element is output at different wavelengths along the filter element (see annotated fig. 1 above).
It would have been obvious to one of ordinary skill in the art before the effective time of filing to replace the transmitter side filter of Heussner with the spatially varying filter of Shi. One would have been motivated to do so since this would allow the user to further spatially refine the various emitted wavelengths of Heussner’s emitters.
Regarding Claim 26:
The modified invention of claim 25 teaches the active illumination-based imaging apparatus of claim 25, wherein the respective wavelengths comprise a first wavelength at one or more central angles of the field angles, and a second wavelength that is greater than or less than the first wavelength at one or more peripheral angles of the field angles (see Heussner Fig. 5, Shi Fig. 1).
Regarding Claim 27:
The modified invention of claim 25 teaches the active illumination-based imaging apparatus of claim 26, wherein the respective wavelengths decrease in a stepwise or continuous fashion from the one or more central angles of the field angles to the one or more peripheral angles of the field angles. Heussner para 25 - “The LiDAR system 1 according to 1 indicates in its optical arrangement 10 a transmitter optics 60 on which of a light source unit 65 with light sources 65-0 65-1 65-2 , e.g., here in the form of lasers, with different wavelengths of light λ0 λ1 λ2 is fed and primary light 57 - If necessary after passing through a beam shaping optics 66 and a deflection optics - in a field of view 50 for detecting an object located there 52 sending out.” Further, as can be seen in Shi Fig. 1, the filter has a stepwise change in period. This in turn indicates a stepwise decrease in central output wavelength from the central angle to a peripheral angle in at least one direction per Shi eq. 4.
Regarding Claim 31:
The modified invention of claim 25 teaches the active illumination-based imaging apparatus of claim 25, wherein the emission source comprises:
a filter element that is in an optical path of the one or more emitter elements (para 11 “Using one or more broadband light sources of the light source unit in cooperation with a transmitter-side optical bandpass filter;” see also Shi Fig. 1) and is configured to output the optical signals with the respective wavelengths that vary at respective positions along a surface of the filter element, wherein the respective positions are arranged to illuminate the respective field angles (as shown in Table at para 38; see also Shi Fig. 1).
Regarding Claim 33:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the spatially-varying filter element comprises a Fabry-Perot filter. Shi abstract.
Regarding Claim 34:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the spatially-varying filter element is configured such that, for light incident at a fixed angle, different positions along the filter transmit different center wavelengths simultaneously. See Shi Fig. 1.
Regarding Claim 36:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the spatially-varying filter element is monolithic and continuously varies its optical properties along its length or width to provide a continuous mapping of emission wavelength to field angle. See Shi Fig. 1.
Regarding Claim 38:
The modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the plurality of emitters is arranged such that each emitter is optically aligned with a distinct region of the spatially-varying filter element, and an emission wavelength output toward the field of view is determined by the spatial position of a filter region. See Shi Fig. 1.
Claims 1 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2017 207 928 A1 [Heussner] in view of US 6,021,001 [Turner]
Regarding Claim 1:
Heussner teaches an active illumination apparatus, comprising:
an emission source comprising a plurality of emitters configured to emit light at an operating wavelength within a predetermined passband to illuminate a field of view (Fig. 1 (65-0, 65-1, 65-2)), and
a bandpass filter element disposed in an optical path of the plurality of emitters (claim 8 -“a transmitter-side optical bandpass filter (36) which has identical or at least comparable optical properties, such as the receiver-side optical bandpass filter (36), in particular with regard to the angle-dependent position of the transmission window”). λ
However, Heussner fails to teach a spatially-varying filter element disposed in an optical path of the plurality of emitters, the filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the plurality of emitters that passes through different regions of the spatially-varying filter element is output at different wavelengths along the filter element.
Turner teaches a filter based on rugate induced transmission (abstract, Fig. 1), the filter being a spatially-varying filter element (Fig. 1, 3:44-52, 4:35-45) disposed in an optical path of an emitter (See Fig. 1), the filter element having a passband that varies along its surface such that light emitted simultaneously from different emitters in the plurality of emitters that passes through different regions of the spatially-varying filter element is output at different wavelengths along the filter element (3:44-52, 4:35-45).
It would have been obvious to one of ordinary skill in the art before the effective time of filing to replace the transmitter side filter of Heussner with the spatially varying filter of Turner. One would have been motivated to do so since this would allow the user to further spatially refine the various emitted wavelengths of Heussner’s emitters.
Regarding Claim 35:
The above modified invention of claim 1 teaches the active illumination apparatus of claim 1, wherein the spatially-varying filter element comprises a rugate filter with a refractive index gradient varying along a surface of the filter. Turner Fig. 2, 5:9-17.
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2017/0350982 A1 is noted for its similarity to the instant invention.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT A STOFFA whose telephone number is (571)270-1782. The examiner can normally be reached M-F 0700-1600 EST.
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WYATT STOFFA
Primary Examiner
Art Unit 2881
/WYATT A STOFFA/ Primary Examiner, Art Unit 2881