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 Amendment
Claims 1, 10 and 19 are amended.
Claims 3, 12 and 21 are cancelled.
Claims 1-2, 4-11, 13-20, and 22-27 are pending.
Response to Arguments
Applicant's arguments filed 12/26/2025 have been fully considered but they are not persuasive.
Applicant argues Eckstein does not teach amended Claim 1 – specifically scanning a previously unilluminated region outside the area of interest.
Examiner respectfully disagrees. As stated in the previous rejection of Claim 3, Eckstein teaches moving the field of illumination outside the area of interest. As this region would have previously been unilluminated as it wasn't being scanned, this would fit the amended claim. Further, applicant merely alleges Eckstein doesn't teach a previously unilluminated region without providing evidence supporting the allegation. While not using the exact claim language it is clear that Eckstein in paragraphs [0040] – [0043] has an adaptable field of view dependent on motion of the vehicle and road conditions, thus anticipates scanning previously unilluminated regions outside the area of interest.
Further, in response to applicant's argument that Eckstein does not teach “thereby ensuring comprehensive environmental monitoring by periodically sampling unilluminated regions (amended Claim 1), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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)(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.
Claims 1-2, 4-11, 13-20, and 22-27 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eckstein (US 20190162823 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),
wherein the controller is programmed to, for at least some subframes after the subsequent subframe instruct the spatial light modulator to move the field of illumination outside of the area of interest to a recently unilluminated area of the field of view for one or more subsequent subframes to sample the field of view outside of the area of interest thereby ensuring comprehensive environmental monitoring by periodically sampling unilluminated regions (Fig. 4, mapping road 401 and intended use – “ensuring comprehensive monitoring”).
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),
wherein the controller is programmed to, for at least some subframes after the subsequent subframe instruct the spatial light modulator to move the field of illumination outside of the area of interest to a recently unilluminated area of the field of view for one or more subsequent subframes to sample the field of view outside of the area of interest thereby ensuring comprehensive environmental monitoring by periodically sampling unilluminated regions (Fig. 4, mapping road 401 and intended use – “ensuring comprehensive monitoring”).
Regarding Claims 2, 11 and 20: Eckstein 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 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 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 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 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 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 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
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 CLARA CHILTON whose telephone number is (703)756-1080. The examiner can normally be reached Monday-Friday 6-2 MT.
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/CLARA G CHILTON/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645