DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Response to Amendment
The following addresses applicant’s remarks/amendments dated 5th November, 2025.
Claims 1 was amended; claims 2 and 3 were cancelled; no new Claims were added; therefore, claims 1 and 4-13 are pending in current application and are addressed below.
The objection to abstract has been withdrawn.
The objection to claim 2 has been withdrawn. However, a new objection of claim 1 is addressed below.
The rejection to claim 3 under 35 U.S.C. 112(b) has been withdrawn.
Response to Arguments
Applicant's arguments filed 5th November, 2025 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claims 1, 4-13 have been considered but are moot because the arguments do not apply to the specific combination of the references being used in the current rejection.
In response to applicant’s argument that references fail to show certain features of applicant’s invention, it is noted that features upon which applicant relies (i.e., “wherein the noise analyzer analyzes … having physical properties different from the fog”) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). [[Here, Applicant argues the cited references whether considered separately or in combination, fail to teach “wherein the noise analyzer analyzes … having physical properties different from the fog”]] However, these claim limitations were not present in the original independent claims and were presented by amendment on 5th November, 2025. Therefore, the issue of whether Schardt and Pang addresses these limitations are not relevant. These amended claims containing new limitations have been addressed by Bauer in the present Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1, line 14, “a form of at least one electronic noise signal” should read “a form of the at least one electronic noise signal” which recited in claim 1, line 12 “at least one electronic noise signal”.
Appropriate correction is required.
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 and 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Schardt et al. (US 20210173048 A1, hereinafter “Schardt”, modified in view of Pang et al. (US 20210250479 A1, hereinafter “Pang”), in view of Bauer et al. (DE 102016120969 A1, hereinafter “Bauer”).
Regarding claim 1, Schardt teaches a fog detector for a vehicle, with a specially shaped lens, comprising:
a light emitter configured to emit at least one light pulse (Schardt; Fig. 1A, Fig. 2A, [0102], the lidar system 100 includes a laser 200 (pulsed laser light or cw laser light may be used [0100]) arranged to emit the primary light along a transmit beam 210 towards the object 110);
a first optical element configured to direct light of the at least one light pulse along a first optical path (Schardt; Fig. 2A, [0120], the segmented lens 600 includes a transmit lens segment 610 implements a lens element 611 (equivalent to 1st optical element) which is arranged to collimate the slow axis (SA) of the transmit beam 210 along the optical path [0109]);
a second optical element configured to direct scattered light of the at least one light pulse along a second optical path to a focal spot of a light receiver (Schardt; Fig. 2A, [109], the receive lens segment 620 implements lens elements 621, 622 (equivalent to 2nd optical element) that are designed to focus the receive beam onto the detector 400 along the 2nd optical path (equivalent to direct scattered light to a focal spot of a light receiver)), wherein the focal spot is spatially offset from an axis extending along the first optical path (Schardt; Fig. 2A, 2B, the distance d between laser 200 and detector 400 shows the offset of the receive beam (received by the detector 400) and the laser 200);
wherein the first optical element and the second optical element being arranged and constructed (Schardt; Fig. 2A, [0109], the segmented lens 600 is positioned on the center line 300 (the center line 300 of the optical setup coincides with the transmit beam 210, [0116]). The segmented lens 600 includes a transmit lens segment 610 associated with the transmit beam and a receive lens segment 620 associated with the receive beam) such that the first and the second optical path at least partially overlap with each other (Schardt; Fig. 2A, the at least partially overlap of the 1st optical path and 2nd optical path can be seen in Fig. 2A on the left side of the segmented lens 600.), and
wherein, the first optical element and the second optical element being arranged and constructed such that the light emitter and the light receiver are operable on a common optical axis (Schardt; Fig. 2A, [0109], the segmented lens 600 includes a transmit lens segment 610 (lens 611) associated with the transmit beam and a receive lens segment 620 (lens 621, 622) associated with the receive beam. The laser 200 and the detector 400 are operable on a center line 300 (equivalent to common optical axis)).
Schardt does not teach,
a light receiver of the fog detector,
wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light,
wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal, and
wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog.
Pang teaches,
a light receiver of the fog detector (Pang; Fig. 13A, [0131], the illumination source 101 emit illumination 440 away from the system 100 to the target 460. Detector 103 detects the backscattered illumination 441 (referred to backscattered noise) toward the system 100 when the projected illumination 440 encounters particles (e.g. fog, rain, snow…) in an environment 450 ahead of the system100. (detector 103 is equivalent to a fog detector);
wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light (Pang; Fig. 13A, [0131], system 100 includes the illumination source 101 emits illumination 440 away from the system 100 to the target 460. A first portion 441 of the projected illumination 440 is backscattered (referred to backscattered noise) toward the system 100 when the projected illumination 440 encounters particles (e.g. fog, rain, snow…) in an environment 450 ahead of the system100. This first portion 441 of the illumination can be detected and/or measured by the detector 103; [0134], The detector can be further configured to convert the backscattered illumination 441, (also the reflected illumination 445 and illumination 440, 444, 443) into electrical signals (the backscattered illumination 411 is equivalent to at least one electronic noise signal based on received scattered light)).
wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal (Pang; Fig. 13A, [0134], the detector 103 of the system 100 can be configured to detect the backscattered illumination 441 (referred to backscattered noise) and/or the reflected illumination 445 (encountered with particles (fog, snow, rain..) while reflected back from target 460); the detectors 103, 103’ can be further configured to convert the backscattered illumination 441, the reflected illumination 445, and illumination 440, 444, 443 into electrical signals and communicate the electrical signals to the controller 102. Signal processing hardware in the controller can analyze the electrical signal received from the detectors (equivalent to the noise analyzer configured to analyze a form of the at least one electronic noise signal). The signal processing hardware can convert the electrical signal into one or more other domains or spectrums and/or can compare the resulting transform to signature transforms of known driving conditions), and
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the detector for a vehicle with a specially shaped lens taught by Schardt to include a light receiver of the fog detector, wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light and wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal taught by Pang with a reasonable expectation of success. The reasoning for using light receiver of the fog detector is to include a fog detector in a detecting system to enhance the image during foggy environment. The enhanced image can be displayed to the driver of a vehicle as confirmation of critical information like stop signs or used by an autonomous vehicle to identify operation information like stop sign, thereby maintaining robust autonomous operation even in fog environment (Pang; [0068]).
furthermore, the reason for wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light and wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal is to detect and identify the noise signal in the environment, where the noise signal referred to the backscattered noise illumination 411 (caused by fog, rain, or snow), to enhance the image during foggy environment. The enhanced image can be displayed to the driver of a vehicle as confirmation of critical information like stop signs or used by an autonomous vehicle to identify operation information like stop sign, thereby maintaining robust autonomous operation even in fog environment (Pang; [0068]).
However, Schardt as modified in view of Pang still not teach,
wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog.
Bauer teaches,
wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog (Bauer; Fig. 1-3, [0016], disclosed that surfaces critical in road traffic (plastic tarpaulins, concrete and vegetation) can be particularly reliably distinguished from the reflection behavior of fog (Fig. 3). Due to the higher variance of the reflectance for the wavelength ranges selected according to the invention, fog can be detected more reliably as an environmental situation by positively excluding these reflective materials that are otherwise common in road traffic. This describe distinguishing fog from “object with hard physical properties” such as plastic tarpaulins, concrete and vegetation, to confirm the presence of fog and perform an analysis to distinguish fog from “objects with hard physical properties”).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the detector for a vehicle with a specially shaped lens taught by Schardt to include a light receiver of the fog detector, wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light and wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal taught by Pang, include wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog taught by Bauer with a reasonable expectation of success. The reasoning for this is to distinguishing fog from “object with hard physical properties” such as plastic tarpaulins, concrete and vegetation, to confirm the presence of fog and perform an analysis to distinguish fog from “objects with hard physical properties” (Bauer; [0016]).
Regarding claim 4, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first optical element and the second optical element are constructed as one piece (Schardt; Fig. 2A, [0109], the segmented lens 600 (one-piece construction) includes a transmit lens segment 610 (lens 611; equivalent to 1st optical element) associated with the transmit beam and a receive lens segment 620 (lens 621, 622; equivalent to 2nd optical element) associated with the receive beam).
Regarding claim 5, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first optical path corresponds to a centered optical path of the light emitter and the second optical path is decentered to the optical path of the light emitter (Schardt; Fig. 2A, [0116], the center line 300 of the optical setup coincides with the transmit beam 210 (equivalent to the 1st optical path corresponds to a center optical path of the light emitter); Fig. 2B, [0127], the detector 400 is placed off-axis with respect to the center line 300 (a distance d offset the laser 200) (equivalent to the 2nd optical path is decentered to the optical path of the light emitter)).
Regarding claim 6, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first optical element and the second optical element are constructed and arranged such that they have a common optical axis (Schardt; Fig. 2A, [0109], the segmented lens 600 (one-piece construction) includes a transmit lens segment 610 (lens 611; equivalent to 1st optical element) associated with the transmit beam and a receive lens segment 620 (lens 621, 622; equivalent to 2nd optical element) associated with the receive beam. Both the 1st and 2nd optical element are constructed on the segmented lens 600 this means they have a common optical axis (center axis 300).
Regarding claim 7, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first optical element comprises a collimating lens (Schardt; Fig. 2A, [0109], the transmit lens segment 610 implements a lens element 611 that is arranged to collimate the SA of the transmit beam 210; This implies a collimating lens is used in the lens element 611) and the second optical element comprises a focusing lens (Schardt; Fig. 2A, [0109], the receive lens segment 620 implements lens elements 621, 622 that are designed to focus the receive beam onto the detector 400; This implies a focusing lens is used in the lens element 621 and 622.).
Regarding claim 8, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the second optical element comprises a prism-shaped lens part (Schardt; Fig. 2A, [0120], the lens elements 621, 622 includes surfaces 623, 624. Since the surface of 623 and 624 is not parallel to the surface 630, the lens elements 621, 622 can be considered as a prism-shaped lens part. This is similar to the prism shaped lens element 8 in Fig. 4 of the current application).
Regarding claim 9, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first and/or the second optical element is/are arranged and constructed such that the decentered light receiver receives backscattered, focused light reflected by a target placed in far-field (Schardt; Fig. 1, Fig. 2A, 2B, [0099], the LIDAR system 100 are used for ranging an object 110 using primary light and secondary light reflected at the object 110 (equivalent to a target placed in far-field); [0120], the segmented lens 600 includes the transmit lens segment 610, and received lens segment 621, 622 focus the receive beam to the detector 400; Fig. 2B, [0127], the detector 400 is placed off-axis (equivalent to decentered light receiver) with respect to the center line 300 (a distance d offset the laser 200)).
Regarding claim 10, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the light emitter and the light receiver are constructed and/or arranged separately from each other (Schardt; Fig. 5, [0144], the laser 200 (an edge-emitter laser diode 201) has a first substrate 220 extending in a first plane P1; [0145], the detector 400 has a second substrate 420 extending in a second plane P2; in some examples P1 and P2 are separated to allow for an additional degree of freedom when optimizing the optical setup).
Regarding claim 11, Schardt as modified above teaches the fog detector as recited in claim 1, wherein the first and/or the second optical element at least partially comprises a design which is constructed according to a freeform optic design (Schardt; Fig. 2A, [0122], the lens segment 600 includes lens 610 (equivalent to 1st optical element) and lens 620 (equivalent to 2nd optical element), the first surface 612, and the second surfaces 623, 624 are connected via continuous transitions 650. There are no steps or offsets or facets in parallel to the center line 300 at the boundaries between the surface 612, 623 and 624. Therefore, the lens segment 600 is a classic freeform optic design).
Regarding claim 12, Schardt as modified above teaches the fog detector as recited in claim 1.
Schardt does not teach a driving support system comprising the fog detector according to claim 1 (please recited to claim 1 mapping).
Pang teaches, a driving support system (Pang; Fig. 13A, [131], the lighting and/or imaging system 100 includes the illumination source 101 to emit illumination 440 to the target 460 through the foggy environment and reflected back from the target 460 to the detector 103 (equivalent to the fog detector); [0068], the enhanced image can be used by the system 100 for various operations. For example, the enhanced image can be displayed to the driver of a vehicle as confirmation of critical information like stop signs. (equivalent to the fog detector is used for a driving support system)) comprising the fog detector according to claim 1 (please recited to claim 1 mapping).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the detector for a vehicle with a specially shaped lens taught by Schardt to include a light receiver of the fog detector, wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light and wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal and a driving support system taught by Pang, include wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog taught by Bauer with a reasonable expectation of success. The reasoning for this is to detect and identify the noise signal in the environment, where the noise signal referred to the backscattered noise illumination 411 (caused by fog, rain, or snow), to enhance the image during foggy environment. The enhanced image can be used as a driving support system to display to the driver of a vehicle as confirmation of critical information like stop signs. The enhanced image can also be used as a driving support system by an autonomous vehicle to identify operation information like stop sign, thereby maintaining robust autonomous operation even in fog environment (Pang; [0068]).
Regarding claim 13, Schardt as modified above teaches the fog detector as recited in claim 12.
Schardt does not teach a vehicle comprising the driving support system according to claim 12 (please recited to claim 12 mapping).
Pang teaches a vehicle (Pang; [0068], the enhanced image can be used by the system 100 for various operations. For example, the enhanced image can be displayed to the driver of a vehicle as confirmation of critical information like stop signs. In another embodiment, the enhanced image can be used by an autonomous vehicle to identify operation information like stop signs, thereby maintaining robust autonomous operation even in fog) comprising the driving support system according to claim 12 (please recited to claim 12 mapping).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of this invention to modify the detector for a vehicle with a specially shaped lens taught by Schardt to include a light receiver of the fog detector, wherein the light receiver is configured to produce at least one electronic noise signal based on the received scattered light and wherein the fog detector comprises a noise analyzer configured to analyze a form of at least one electronic noise signal, a driving support system and a vehicle taught by Pang, include wherein the noise analyzer analyzes the optical noise in intensity or in time domain to identify presence of fog and to discriminate the fog from an optical burst that would be generated by an object having physical properties different from the fog taught by Bauer with a reasonable expectation of success. The reasoning for this is to detect and identify the noise signal in the environment, where the noise signal referred to the backscattered noise illumination 411 (caused by fog, rain, or snow), to enhance the image during foggy environment. The enhanced image can be used as a driving support system to display to the driver of a vehicle as confirmation of critical information like stop signs. The enhanced image can also be used as a driving support system by an autonomous vehicle to identify operation information like stop sign, thereby maintaining robust autonomous operation even in fog environment (Pang; [0068]).
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.
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/CHIA-LING CHEN/Examiner, Art Unit 3645
/HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
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