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 .
Claim Rejections - 35 USC § 102
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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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, 3, 7-12, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shani et al., US 2020/0393545 A1.
Regarding Claim 1, Shani discloses: A scanning mirror device, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a mirror disposed on a mirror support (as depicted in the top-down view of FIG. 11A, mirror 1102 is supported by the portions of connectors 1130, 1132, 1140, 1142, 1150, 1152, 1160, 1162 extending horizontally and vertically therefrom; paragraphs [0170], [0197]-[0200] and FIG. 11A of Shani);
wherein the mirror support is oriented diagonally with respect to a frame of the scanning mirror device (as depicted in the top-down view of FIG. 11A, the portions of connectors 1130, 1132, 1140, 1142, 1150, 1152, 1160, 1162 extending horizontally and vertically from mirror 1102 are oriented diagonal compared to the generally 45 degree orientation of the portions of the frame 1104 which are adjacent to the gaps Wg1 separating the frame 1104 from the outer actuating arms 1124, 1134, 1144, 1154 in the four quadrants of the frame 1104; paragraph [0203] and FIG. 11A of Shani; see also annotated FIG. 11A of Shani provided below);
a first pair of actuators comprising a first actuator and a second actuator (actuators 1112 and 1118; paragraph [0173] and FIG. 11A of Shani);
the first actuator positioned on a first side of the mirror support, the second actuator positioned on a second side of the mirror support opposite the first side of the mirror support (actuator 1112, in particular outer actuating arm 1124, is positioned at a left side of the horizontally extending portions of connectors 1130 and 1160, and actuator 1118, in particular outer actuating arm 1154, is positioned at a right side of the horizontally extending portions of connectors 1130 and 1160; FIG. 11A of Shani); and
the first actuator and the second actuator connected to the mirror support along a first axis of rotation (outer actuating arm 1124 is connected to the horizontally extending portion of connector 1130, and outer actuating arm 1154 is connected to the horizontally extending portion of connector 1160, along a first axis of rotation 1106; paragraph [0170] and FIG. 11A of Shani; note that connectors can include “elongated parts” as disclosed in paragraph [0219] and FIGS. 13A, 13B of Shani); and
a second pair of actuators comprising a third actuator and a fourth actuator (actuators 1114 and 1116; paragraph [0173] and FIG. 11A of Shani);
the third actuator positioned on the first side of the mirror support, the fourth actuator positioned on the second side of the mirror support (actuator 1114, in particular outer actuating arm 1134, is positioned at an upper side of the vertically extending portions of connectors 1140 and 1150, and actuator 1116, in particular outer actuating arm 1144 [which appears to be mislabeled as “1134” in FIG. 11A; see FIG. 11B for comparison], is positioned at a lower side of the vertically extending portions of connectors 1140 and 1150; FIG. 11A of Shani); and
the third actuator and the fourth actuator connected to the mirror support along a second axis of rotation (outer actuating arm 1134 is connected to the vertically extending portion of connector 1140, and outer actuating arm 1144 [which appears to be mislabeled as “1134” in FIG. 11A; see FIG. 11B for comparison] is connected to the vertically extending portion of connector 1150, along a second axis of rotation 1108; paragraph [0170] and FIG. 11A of Shani; note that connectors can include “elongated parts” as disclosed in paragraph [0219] and FIGS. 13A, 13B of Shani).
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Regarding Claim 3, Shani discloses the limitations of Claim 1 and further discloses: wherein the mirror is located in a center region of the frame of the scanning mirror device (the mirror 1102 is located in a center region of the frame 1104; FIG. 11A of Shani).
Regarding Claim 7, Shani discloses the limitations of Claim 1 and further discloses: wherein the first axis of rotation is orthogonal to the second axis of rotation (the first axis of rotation 1106 is orthogonal to the second axis of rotation 1108; paragraph [0170] and FIG. 11A of Shani).
Regarding Claim 8, Shani discloses the limitations of Claim 1 and further discloses: wherein each actuator is connected to the mirror support by a connector, and wherein the connector includes a torsional portion and a flexural portion between the actuator and the mirror support (outer actuating arms 1124, 1134, 1144, 1154 are connected to the horizontally or vertically extending portions of connectors 1130, 1140, 1150, 1160 via elongated parts 1302 extending at a 90 degree angle [right angle] to the horizontally or vertically extending portions of connectors 1130, 1140, 1150, 1160 and a wider region connecting the elongated parts 1302 to the main body of the outer actuating arms 1124, 1134, 1144, 1154, wherein the elongated parts 1302 and wider regions may be identified as the claimed “torsional portion” and “flexural portion”, respectively; paragraphs [0217]-[0220] and FIGS. 11A, 13A, 13B of Shani).
Regarding Claim 9, Shani discloses the limitations of Claim 8 and further discloses: wherein the torsional portion is oriented in a different direction than the actuator (elongated parts 1302 are oriented in a different direction from the main bodies of the outer actuating arms 1124, 1134, 1144, 1154 to which they are connected, as the main bodies of the outer actuating arms 1124, 1134, 1144, 1154 arc away from the elongated parts 1302; paragraphs [0217]-[0220] and FIGS. 11A, 13A, 13B of Shani).
Regarding Claim 10, Shani discloses the limitations of Claim 9 and further discloses: wherein the torsional portion is configured to yield in a torsional mode in response to activation of the actuator (actuators 1112, 1114, 1116, and 1118 expand, contract, bend, twist, or alter their configuration, which in turn causes MEMS mirror 1102 to be translated or rotated about the axes 1106, 1108; paragraphs [0174], [0179] and FIGS. 11A, 13A, 13B of Shani).
Regarding Claim 11, Shani discloses the limitations of Claim 1 and further discloses: wherein the scanning mirror device is formed from a silicon-on-insulator substrate (silicon layers, e.g., layers 4312, 4311 on stopper layers, e.g., layers 4321, 4322, which may comprise an oxide or other insulator; paragraphs [0444]-[0451] and FIG. 43 of Shani).
Regarding Claim 12, Shani discloses: A time-of-flight device, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a controller (controller or processor for LIDAR system for time-of-flight; paragraphs [0059], [0060], [0074], [0086], [0087], [0115], [0119], [0125], [0158], [0199] and FIGS. 1A, 4A, 4B, 7-10 of Shani);
a light source operatively configured to emit light (projecting unit 102 includes a light source 112; paragraphs [0068], [0075], [0081], [0168]-[0170] and FIGS. 1A, 2A, 4A, 4B, 7-11A of Shani); and
a scanning mirror device controllable by the controller to project the light from the light source into an environment (MEMS mirror assembly 1100, wherein a controller, e.g., processor or microprocessor, may be operable to control actuation of the various actuators, mirror location feedback mechanism, and optical components; paragraphs [0168]-[0170], [0199] and FIGS. 1A, 2A, 4A, 11A of Shani);
the scanning mirror device comprising:
a mirror disposed on a mirror support, the mirror operatively configured to receive the light from the light source and to reflect the light (as depicted in the top-down view of FIG. 11A, mirror 1102 acting as a reflector for the light source is supported by the portions of connectors 1130, 1132, 1140, 1142, 1150, 1152, 1160, 1162 extending horizontally and vertically therefrom; paragraphs [0168]-[0170], [0197]-[0200] and FIGS. 7-11A of Shani);
wherein the mirror support is oriented diagonally with respect to a frame of the scanning mirror device (as depicted in the top-down view of FIG. 11A, the portions of connectors 1130, 1132, 1140, 1142, 1150, 1152, 1160, 1162 extending horizontally and vertically from mirror 1102 are oriented diagonal compared to the generally 45 degree orientation of the portions of the frame 1104 which are adjacent to the gaps Wg1 separating the frame 1104 from the outer actuating arms 1124, 1134, 1144, 1154 in the four quadrants of the frame 1104; paragraph [0203] and FIG. 11A of Shani; see also annotated FIG. 11A of Shani provided below);
a first pair of actuators comprising a first actuator and a second actuator (actuators 1112 and 1118; paragraph [0173] and FIG. 11A of Shani);
the first actuator positioned on a first side of the mirror support, the second actuator positioned on a second side of the mirror support opposite the first side of the mirror support (actuator 1112, in particular outer actuating arm 1124, is positioned at a left side of the horizontally extending portions of connectors 1130 and 1160, and actuator 1118, in particular outer actuating arm 1154, is positioned at a right side of the horizontally extending portions of connectors 1130 and 1160; FIG. 11A of Shani); and
the first actuator and the second actuator connected to the mirror support along a first axis of rotation (outer actuating arm 1124 is connected to the horizontally extending portion of connector 1130, and outer actuating arm 1154 is connected to the horizontally extending portion of connector 1160, along a first axis of rotation 1106; paragraph [0170] and FIG. 11A of Shani; note that connectors can include “elongated parts” as disclosed in paragraph [0219] and FIGS. 13A, 13B of Shani); and
a second pair of actuators comprising a third actuator and a fourth actuator (actuators 1114 and 1116; paragraph [0173] and FIG. 11A of Shani);
the third actuator positioned on the first side of the mirror support, the fourth actuator positioned on the second side of the mirror support (actuator 1114, in particular outer actuating arm 1134, is positioned at an upper side of the vertically extending portions of connectors 1140 and 1150, and actuator 1116, in particular outer actuating arm 1144 [which appears to be mislabeled as “1134” in FIG. 11A; see FIG. 11B for comparison], is positioned at a lower side of the vertically extending portions of connectors 1140 and 1150; FIG. 11A of Shani); and
the third actuator and the fourth actuator connected to the mirror support along a second axis of rotation (outer actuating arm 1134 is connected to the vertically extending portion of connector 1140, and outer actuating arm 1144 [which appears to be mislabeled as “1134” in FIG. 11A; see FIG. 11B for comparison] is connected to the vertically extending portion of connector 1150, along a second axis of rotation 1108; paragraph [0170] and FIG. 11A of Shani; note that connectors can include “elongated parts” as disclosed in paragraph [0219] and FIGS. 13A, 13B of Shani).
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Regarding Claim 16, Shani discloses the limitations of Claim 12 and further discloses: wherein the first axis of rotation is orthogonal to the second axis of rotation (the first axis of rotation 1106 is orthogonal to the second axis of rotation 1108; paragraph [0170] and FIG. 11A of Shani).
Regarding Claim 17, Shani discloses the limitations of Claim 12 and further discloses: wherein the time-of-flight projector comprises a zoned time-of-flight projector (during a scanning cycle, each instantaneous position of at least one light deflector 114 may be associated with a particular portion 122 of field of view 120, and additionally, a vehicle incorporating the LIDAR system may utilize multiple scanning units to take advantage of an “overlap zone”; paragraphs [0075], [0158]-[0160], [0323] and FIGS. 1A, 7-9 of Shani).
Claims 1, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gu-Stoppel et al., US 2021/0149187 A1.
Regarding Claim 1, Gu-Stoppel discloses: A scanning mirror device, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a mirror disposed on a mirror support (mirror plate 301 is supported by joints 203; paragraphs [0018]-[0034] and FIGS. 1-5 of Gu-Stoppel, but see especially FIGS. 1, 2, 4a of Gu-Stoppel);
wherein the mirror support is oriented diagonally with respect to a frame of the scanning mirror device (joints 203 which extend diagonally with respect to the outer sides of frame 201; paragraphs [0018]-[0034] and FIGS. 1-5 of Gu-Stoppel, but see especially FIGS. 1, 2, 4a of Gu-Stoppel);
a first pair of actuators comprising a first actuator and a second actuator (actuators 100 corresponding to quadrants A and C in FIG. 2 of Gu-Stoppel, or actuators 100 corresponding to quadrants A and D in FIG. 4a of Gu-Stoppel);
the first actuator positioned on a first side of the mirror support, the second actuator positioned on a second side of the mirror support opposite the first side of the mirror support (actuator 100 A and its diagonally opposed actuator [100 C or D] are positioned at opposite sides of their connecting joints 203; FIGS. 2, 4a of Gu-Stoppel); and
the first actuator and the second actuator connected to the mirror support along a first axis of rotation (actuator 100 A and its diagonally opposed actuator [100 C or D] are connected to their connecting joints 203 along a first axis of rotation [effectuating a change of pitch]; paragraphs [0023], [0025] and FIGS. 2-5 of Gu-Stoppel); and
a second pair of actuators comprising a third actuator and a fourth actuator (actuators 100 corresponding to quadrants B and D in FIG. 2 of Gu-Stoppel, or actuators 100 corresponding to quadrants B and C in FIG. 4a of Gu-Stoppel);
the third actuator positioned on the first side of the mirror support, the fourth actuator positioned on the second side of the mirror support (actuator 100 B and its diagonally opposed actuator [100 D or C] are positioned at opposite sides of their connecting joints 203; FIGS. 2, 4a of Gu-Stoppel); and
the third actuator and the fourth actuator connected to the mirror support along a second axis of rotation (actuator 100 B and its diagonally opposed actuator [100 D or C] are connected to their connecting joints 203 along a second axis of rotation [effectuating a change of yaw]; paragraphs [0023], [0025] and FIGS. 2-5 of Gu-Stoppel).
Regarding Claim 4, Gu-Stoppel discloses the limitations of Claim 1 and further discloses: further comprising a counterweight disposed on the mirror support opposite the mirror (long tail of pillar 300, at an opposite side of mirror plate 301 from joints 203, may serve as a counterweight; paragraph [0031] and FIG. 4b of Gu-Stoppel).
Regarding Claim 5, Gu-Stoppel discloses the limitations of Claim 4 and further discloses: wherein the counterweight is located in a center region of the frame of the scanning mirror device (long tail of pillar 300 is located in a center region of frame 201; paragraph [0031] and FIGS. 2, 4a, 4b of Gu-Stoppel).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Gu-Stoppel in view of Shani.
Regarding Claim 12, Gu-Stoppel discloses: A scanning mirror device, comprising (the Office notes that the term “comprising” is an open-ended transitional phrase which permits additional elements or features):
a mirror disposed on a mirror support (mirror plate 301 is supported by joints 203; paragraphs [0018]-[0034] and FIGS. 1-5 of Gu-Stoppel, but see especially FIGS. 1, 2, 4a of Gu-Stoppel);
wherein the mirror support is oriented diagonally with respect to a frame of the scanning mirror device (joints 203 which extend diagonally with respect to the outer sides of frame 201; paragraphs [0018]-[0034] and FIGS. 1-5 of Gu-Stoppel, but see especially FIGS. 1, 2, 4a of Gu-Stoppel);
a first pair of actuators comprising a first actuator and a second actuator (actuators 100 corresponding to quadrants A and C in FIG. 2 of Gu-Stoppel, or actuators 100 corresponding to quadrants A and D in FIG. 4a of Gu-Stoppel);
the first actuator positioned on a first side of the mirror support, the second actuator positioned on a second side of the mirror support opposite the first side of the mirror support (actuator 100 A and its diagonally opposed actuator [100 C or D] are positioned at opposite sides of their connecting joints 203; FIGS. 2, 4a of Gu-Stoppel); and
the first actuator and the second actuator connected to the mirror support along a first axis of rotation (actuator 100 A and its diagonally opposed actuator [100 C or D] are connected to their connecting joints 203 along a first axis of rotation [effectuating a change of pitch]; paragraphs [0023], [0025] and FIGS. 2-5 of Gu-Stoppel); and
a second pair of actuators comprising a third actuator and a fourth actuator (actuators 100 corresponding to quadrants B and D in FIG. 2 of Gu-Stoppel, or actuators 100 corresponding to quadrants B and C in FIG. 4a of Gu-Stoppel);
the third actuator positioned on the first side of the mirror support, the fourth actuator positioned on the second side of the mirror support (actuator 100 B and its diagonally opposed actuator [100 D or C] are positioned at opposite sides of their connecting joints 203; FIGS. 2, 4a of Gu-Stoppel); and
the third actuator and the fourth actuator connected to the mirror support along a second axis of rotation (actuator 100 B and its diagonally opposed actuator [100 D or C] are connected to their connecting joints 203 along a second axis of rotation [effectuating a change of yaw]; paragraphs [0023], [0025] and FIGS. 2-5 of Gu-Stoppel).
Gu-Stoppel does not appear to disclose the use of such scanning mirror device in a time-of-flight device, such that: A time-of-flight device, comprising: a controller; a light source operatively configured to emit light; and the scanning mirror device controllable by the controller to project the light from the light source into an environment, the mirror operatively configured to receive the light from the light source and to reflect the light.
Shani is related to Gu-Stoppel with respect to four-actuator MEMS scanning mirror device.
Shani teaches: A time-of-flight device, comprising: a controller; a light source operatively configured to emit light; and the scanning mirror device controllable by the controller to project the light from the light source into an environment, the mirror operatively configured to receive the light from the light source and to reflect the light (controller or processor for LIDAR system for time-of-flight, projecting unit 102 includes a light source 112 for a MEMS mirror assembly 1100, wherein a controller, e.g., processor or microprocessor, may be operable to control actuation of the various actuators, mirror location feedback mechanism, and optical components, and mirror 1102 acting as a reflector for the light source; paragraphs [0059], [0060], [0068], [0074], [0075], [0081], [0086], [0087], [0115], [0119], [0125], [0158], [0168]-[0170], [0197]-[0200] and FIGS. 1A, 2A, 4A, 4B, 7-11A of Shani).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the mirror device of Gu-Stoppel for use in a time-of-flight system, as in Shani, because such system enables distance measurement in LIDAR systems which can enable hazard detection/warning for vehicles (e.g., detecting objects or people in the path of the vehicle and how close they are to the vehicle), as taught in paragraphs [0060], [0086], [0115], [0119], [0158] of Shani.
Regarding Claim 14, the combined teachings of Gu-Stoppel and Shani discloses the limitations of Claim 12 and further discloses: further comprising a counterweight disposed on the mirror support opposite the mirror (long tail of pillar 300, at an opposite side of mirror plate 301 from joints 203, may serve as a counterweight; paragraph [0031] and FIG. 4b of Gu-Stoppel).
Allowable Subject Matter
Claims 6 and 15 are objected to as being dependent upon rejected base claims, but would be allowable if rewritten to include all of the limitations of their respective base claims.
The following is a statement of reasons for the indication of allowable subject matter.
With respect to Claim 6, although the prior art discloses various scanning mirror devices, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising:
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With respect to Claim 15, although the prior art discloses various time-of-flight devices, including:
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The prior art does not appear to disclose or suggest the above combination of features further comprising:
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Examiner Note – Consider Entirety of References
Although various text and figures of the cited references have been specifically cited in this Office Action to show disclosures and teachings which correspond to specific claim language, Applicant is advised to consider the complete disclosure of each reference, including portions which have not been specifically cited by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN S DUNNING whose telephone number is 571-272-4879. The examiner can normally be reached Monday thru Friday 10:30AM to 7:00PM Eastern Time Zone. 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, BUMSUK WON can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN S DUNNING/Primary Examiner, Art Unit 2872