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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/04/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 6/04/2026, with respect to claim amendments, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Smeeton (US 20230266711 A1).
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.
Claims 1-2, 4-11, 13-20, and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Eckstein (US 20190162823 A1) in view of Smeeton (US 20230266711 A1).
Regarding Claims 1 and 10: Eckstein discloses a LiDAR sensor (and method for operating) comprising:
a light emitter ([0027] and Fig. 2, transmitter 101);
a spatial light modulator positioned to direct light from the light emitter into a field of illumination ([0029] and Fig. 2, SM 205);
a light detector having a field of view overlapping the field of illumination (Fig. 2, optics 209 imaging objects within FOV); and
a controller (Fig. 2, laser processing system 105) programmed to:
activate the light emitter and the spatial light modulator to illuminate at least a portion of the field of view ([0029]);
repeat activation of the light detector to detect light in the field of view to generate a plurality of detection subframes that are combined into a single detection frame ([0044] and Fig. 7a-7d - frames overlaid to increase resolution);
for a subsequent subframe, identify an area of interest based on light detected by the light detector in a previous subframe ([0041]),
the area of interest being in the field of view of the light detector and being smaller than the field of view of the light detector ([0034] and Fig. 3); and
adjust the spatial light modulator to direct light into the field of illumination at an intensity that is greater at the area of interest than at an adjacent area of the field of view ([0039] - adapting intensity so zone 316 (area of interest) has highest intensity),
[…] in response to the determination, instruct the spatial light modulator to move the field of illumination outside of the area of interest to the at least one area that has not been illuminated to sample the at least one area in a sample subframe: and in response to detection of an object in the sample subframe. identify, for a subframe subsequent to the sample subframe, an area of interest that includes the at least one area, and in response to an absence of detection of an object in the sample subframe, resume directing the field of illumination to the area of interest (Fig. 4 and [0041] – varying illumination zones varied based on additional detected road).
Eckstein does not teach, but Smeeton does teach, determine that at least one area of the field of view has not been illuminated for more than a predetermined number of subframes ([0024] – making sure “regions of the sub area having a defined/minimum size do not remain without illumination for more than a threshold period of time”).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use the scanning, as taught by Smeeton, in the sensor as taught by Eckstein, because this would ensure that no obstacles are missed.
Regarding Claim 19: Eckstein teaches a controller for a LiDAR sensor, the controller programmed to:
activate a light emitter ([0027] and Fig. 2, transmitter 101)
and a spatial light modulator ([0029] and Fig. 2, SM 205) to illuminate at least a portion of the field of view of a light detector (Fig. 2, optics 209 imaging objects within FOV);
repeat activation of the light detector to detect light in the field of view to generate a plurality of detection subframes that are combined into a single detection frame ([0044] and Fig. 7a-7d - frames overlaid to increase resolution);
for a subsequent subframe, identify an area of interest based on light detected by the light detector in a previous subframe ([0041]),
the area of interest being in the field of view of the light detector and being smaller than the field of view of the light detector ([0034] and Fig. 3); and
adjust the spatial light modulator to direct light into the field of illumination at an intensity that is greater at the area of interest than at an adjacent area of the field of view ([0039] - adapting intensity so zone 316 (area of interest) has highest intensity),
[…] in response to the determination, instruct the spatial light modulator to move the field of illumination outside of the area of interest to the at least one area that has not been illuminated to sample the at least one area in a sample subframe: and in response to detection of an object in the sample subframe. identify, for a subframe subsequent to the sample subframe, an area of interest that includes the at least one area, and in response to an absence of detection of an object in the sample subframe, resume directing the field of illumination to the area of interest (Fig. 4 and [0041] – varying illumination zones varied based on additional detected road).
Eckstein does not teach, but Smeeton does teach, determine that at least one area of the field of view has not been illuminated for more than a predetermined number of subframes ([0024] – making sure “regions of the sub area having a defined/minimum size do not remain without illumination for more than a threshold period of time”).
It would have been prima facie obvious to someone having ordinary skill in the art before the effective filing date of the claimed invention to use the scanning, as taught by Smeeton, in the sensor as taught by Eckstein, because this would ensure that no obstacles are missed.
Regarding Claims 2, 11 and 20: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claims 1, 10 and 19, wherein the controller is programmed to, for a subframe after the subsequent subframe, instruct the spatial light modulator to move the area of interest based on vehicle input ([0041]).
Regarding Claims 4, 13, and 22: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claims 1, 10 and 19, wherein the previous subframe on which the area of interest is based is in the same frame as the subsequent subframe ([0044] – repeating sequence of frames until resolution is achieved).
Regarding Claims 5, 14 and 23: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claim 1, 10 and 19, wherein the previous subframe on which the area of interest is based is in a previous frame ([0044] – repeating sequence of frames until resolution is achieved).
Regarding Claims 6, 15, and 24: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claim 1, 10 and 19, wherein the field of illumination is larger than the area of interest (Fig. 3, showing area of interest 316 smaller than FOV).
Regarding Claims 7, 16 and 25: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claim 1, 10 and 19, wherein the area of interest includes the horizon as detected in the previous subframe (Fig. 3, horizon 305 and [0039]).
Regarding Claims 8, 17, and 26: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claims 7, 16 and 25, wherein the area of interest includes at least one object in addition to the horizon as detected in the previous subframe ([0006] - detected obstacles).
Regarding Claims 9, 18 and 27: Eckstein, as modified, also discloses the LiDAR sensor as set forth in claim 1, 10 and 19, wherein the controller is programmed to identify a new area of interest based on the subsequent subframe and, for a subframe after the subsequent subframe, adjust the spatial light modulator to direct light into the field of illumination at an intensity that is greater at the new area of interest than at an adjacent area of the field of view for the subframe after the subsequent frame ([0042]-[0043]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLARA CHILTON whose telephone number is (703)756-1080. The examiner can normally be reached Monday-Friday 6-2 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at 571-270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLARA G CHILTON/Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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