Prosecution Insights
Last updated: April 19, 2026
Application No. 17/703,876

TECHNIQUES TO SELECT MULTIPLE RETURNS IN FREQUENCY MODULATED CONTINUOUS WAVE LIDAR SYSTEMS

Final Rejection §103
Filed
Mar 24, 2022
Examiner
BAGHDASARYAN, HOVHANNES
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Aeva, Inc.
OA Round
4 (Final)
78%
Grant Probability
Favorable
5-6
OA Rounds
3y 1m
To Grant
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
759 granted / 971 resolved
+26.2% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
85 currently pending
Career history
1056
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
23.9%
-16.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 971 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 . Response to Arguments Applicant’s arguments with respect to claim(s) bellow 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. 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) 1, 10 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20210072381 A1 in view of D4 US 20200319338 A1 further in view of D0 US 20180081027 A1. Regarding claims 1, 10 , 19 D1 teaches 19. A light detection and ranging (LIDAR) system comprising: an optical beam source to transmit a first optical beam to a target;(fig. 2) a photo detector to receive a return from the target; and(fig. 2) signal processing circuitry(fig. 2) including a memory(implicit) storing instructions which, when executed, cause the signal processing circuitry to: threshold a frequency domain waveform to identify a plurality of peaks above a threshold level corresponding to a plurality of targets;[0131-0132] apply a primary peak selection to the frequency domain waveform to identify a primary peak from the plurality of peaks;[0053](fig. 1e) apply a secondary peak selection to a portion of the frequency domain waveform outside a guard-band (fig. 1e [0053] implicit fig. 10b)area to identify a secondary peak from the plurality of peaks that is outside the guard-band area;[0053] determine range and velocity information corresponding to the primary peak and secondary peak;[0052, 0053] and feed the range and velocity information to a point cloud.[0102] but does not explicitly teach wherein the guard-band area comprises an area proximate to the primary peak wherein a peak from the plurality of peaks within the guard-band area is associated with the primary peak set a guard-band area based on a peak property, wherein the guard-band area comprises a frequency area proximate to the primary peak in the frequency domain waveform, and wherein a peak from the plurality of peaks within the guard-band area is associated with the primary peak; D2 teaches Separating distinguishable peaks for further analysis by applying the guard-band area comprises an area proximate to the primary peak(fig. 9) wherein a peak from the plurality of peaks within the guard-band area is associated with the primary peak(fig. 9 first highest peak) It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 with teaching by D4 in order to identify and further analyze distinguishable peaks in the distribution. D0 teaches set a guard-band area(window size [0032]) based on a peak property(sensor resolution), wherein the area comprises a area proximate to the primary peak in the frequency domain waveform, and wherein a peak from the plurality of peaks within the guard-band area is associated with the primary peak;([0032]) It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 with teaching by D0 in order to correctly identify the peak position . 2, 11, 20 The system of claim 1, wherein thresholding the frequency domain waveform includes applying a signal-to-noise ratio threshold,[0132] and applying the primary and secondary peak selection includes applying an intensity threshold.[0132](power level) 5, 14, 22 The system of claim 1, wherein applying the secondary peak selection includes selecting a highest intensity peak, a highest frequency peak, or a lowest frequency peak of the plurality of peaks that is outside the guard-band area.(fig. 1 e implicit) Regarding claims 6, 15 teaches apply a primary peak selection and a secondary peak selection for a segment amd also teaches segmenting data (fig. 10b) but does not teach 6, 15 The system of claim 1, wherein the signal processing circuitry is further configured to: divide the frequency domain waveform into a plurality of segments; threshold each of the plurality of segments; apply a primary peak selection and a secondary peak selection to a maximum value of each of the plurality of segments. Although D1 does not explicitly teach segmenting the data and then analyzing every segment It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 to analyze all segments in order to identify all objects. Although does not explicitly teach 7., 16 The system of claim 1, wherein the signal processing circuitry is further configured to: divide the frequency domain waveform into a plurality of sub-bands; threshold a first sub-band of the plurality of sub-bands to identify a plurality of peaks above a threshold level; perform a first pass through the first sub-band to apply the primary peak selection and determine a first sub-band primary peak from the plurality of peaks; perform a second pass through the first sub-band to apply the secondary peak selection and determine a first sub-band secondary peak from the plurality of peaks; and perform thresholding, primary peak selection, and secondary peak selection to remaining sub-bands of the plurality of sub-bands to determine all peaks with a single pass through the frequency domain waveform. (Well known technique of multiple peak identification) 8. , 17The system of claim 7, wherein the signal processing circuitry is further configured to: store the first sub-band primary peak and the first sub-band secondary peak in memory; store all of the plurality of peaks above the threshold level from the first sub-band within two guard-bands of a second sub-band in memory; perform thresholding, primary peak selection, and secondary peak selection to the second sub-band to identify a second sub-band primary peak and a second sub-band secondary peak; and compare the first sub-band primary peak, the first sub-band secondary peak, the second sub-band primary peak, and the second sub-band secondary peak to determine a new primary peak and a new secondary peak for the first and second sub-band. (Well known technique of multiple peak identification) It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 to remove primary peak from spectrum and identify second , and repeating procedure in order to identify all the peaks in the spectrum and then to identify if new objects are present in FOV or only old. 9, 18 The system of claim 1, wherein the signal processing circuitry is further configured to: store the primary peak and secondary peak in a peak value buffer in memory; analyze a new input of the frequency domain waveform to identify a new peak above the threshold level; if the new peak has a value greater than the primary and secondary peak and is outside the guard band area for the primary and secondary peaks, update the peak value buffer with the new peak as the new primary peak; if the new peak has a value greater than the secondary peak but less than the primary peak and is outside the guard band area for the primary and secondary peaks, update the peak value buffer with the new peak as the new secondary peak; and if the new peak has a value less than the primary and secondary peaks and is outside the guard band area for the primary and secondary peaks, update the peak value buffer with the new peak as a third peak.(updating detected target information over time is well known as well as accounting for previous detections. For example [0102] teaches updating the point cloud which is not exactly the same as described in the claim but still uses old information and then based on new information transforms the old one) Claim(s) 4, 13, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20210072381 A1 in view of D4 further in view of D3 US 20030174333 A1. Regarding claims 4, 13 D1 does not teach but D3 teaches 4. (Currently amended) The LIDAR system of claim 1, wherein the guard-band area further comprises an expected peak roll-off value(fig. 7 band consist of multiple peaks roll off will be surface 1 ) that models how a peak magnitude is expected to decay away from the primary peak(D4 also teaches guard band area fully encompass the peak position and roll off), and wherein toapply the secondary peak selection, the signal processing circuitry identifies the secondary peak to falls within a guard band associated with the guard-band area and that the secondary peak is above he expected peak roll-off value, and the expected peak roll-off value is a distribution based on an intensity and a frequency of the primary peak.[0037](deconvolution identifies multiple overlapping peaks. ) It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 with teaching by D3 in order to identify multiple overlapping peaks. Conclusion 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 HOVHANNES BAGHDASARYAN whose telephone number is (571)272-7845. The examiner can normally be reached Mon-Fri 7am - 5 pm. 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, Yuqing Xiao can be reached at (571) 270-3603. 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. /HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
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Prosecution Timeline

Mar 24, 2022
Application Filed
May 12, 2025
Non-Final Rejection — §103
Jul 30, 2025
Interview Requested
Aug 06, 2025
Examiner Interview Summary
Aug 06, 2025
Applicant Interview (Telephonic)
Aug 12, 2025
Response Filed
Sep 05, 2025
Final Rejection — §103
Oct 16, 2025
Applicant Interview (Telephonic)
Oct 16, 2025
Examiner Interview Summary
Oct 27, 2025
Request for Continued Examination
Nov 05, 2025
Response after Non-Final Action
Nov 18, 2025
Non-Final Rejection — §103
Jan 29, 2026
Applicant Interview (Telephonic)
Jan 29, 2026
Examiner Interview Summary
Feb 20, 2026
Response Filed
Mar 10, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+16.1%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 971 resolved cases by this examiner. Grant probability derived from career allow rate.

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