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 .
Information Disclosure Statement
The Information Disclosure Statement (lDS) submitted on 12/08/2022 is in compliance with the provisions of 37 CFR 1.97 and has been considered.
Claim Objections
Claim 27 and 37 are objected to because of the following informalities:
Regarding claim 27, “the first zone” should perhaps read --a first zone--.
Regarding claim 37, “the first zone” should perhaps read --a first zone--.
Appropriate correction is requested.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 33-36 and 38-43 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 33 recites “the beam-steering engine” in line 3 and again in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the limitation is understood to read --the method--.
Claims 34-36 are rejected as being dependent on and failing to cure the deficiencies of rejected claim 33.
Claim 38 is indefinite because it attempts to claim an apparatus limited by only the method steps of claim 28. Furthermore, claim 28 does not recite a beam-steering engine, therefore “the beam-steering engine” lacks antecedent basis. For the purposes of examination, “claim 28” is understood to read --claim 18--.
Claims 39-43 are rejected as being dependent on and failing to cure the deficiencies of rejected claim 38.
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 (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.
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 18-21, 27-31, 37-41 and 43 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Dussan (US20160047900A1).
Regarding claim 18, Dussan discloses a light beam-steering engine (Fig. 5 as operationally discussed in Fig. 8B), comprising:
a. a coarse steering stage (Fig. 5, y-axis scanning MEMS mirror 502) configured to steer a light beam across a Field of View (FoV) (Fig. 5, scan area 510) in discrete angular steps (Fig. 8B & ¶¶ 96, 102, scanned at fixed angular steps row-by-row), wherein the FoV defining a plurality of tiles (¶ 96, plurality of rows defining scan area), each tile being associated with a respective angular step of the light beam (Fig. 8B & ¶¶ 96, 102, each row associated with respective angular step in y-axis),
b. a fine steering stage (Fig. 5, x-axis scanning MEMS mirror 500) configured to angularly displace the light beam in a plurality of positions within a first tile of the plurality of tiles (Fig. 8B & ¶¶ 96, 102, responsible for x-axis scanning across each row, including a top/first row/tile, from a left position to a right position).
Regarding claim 19, Dussan discloses the light beam-steering engine of claim 18, and further discloses: wherein the fine steering stage is configured to impart a continuous angular motion to the light beam between the plurality of positions (¶ 102, x-axis mirror driven in oscillatory resonate mode, i.e., continuous harmonic oscillation).
Regarding claim 20, Dussan discloses the light beam-steering engine of claim 19, and further discloses: wherein the fine steering stage includes a moveable optical component (¶¶ 71-72, x-axis mirror is rotatably controlled).
Regarding claim 21, Dussan discloses the light beam-steering engine of claim 20, and further discloses: wherein the moveable optical component includes a Micro Electrical Mechanical System (MEMS) (¶¶ 71-72, x-axis mirror is a MEMS mirror).
Regarding claim 27, Dussan discloses the light beam-steering engine of claim 18, and further discloses: wherein the fine steering stage is configured to angularly displace the light beam in an angular range of travel such that at any position of the light beam in the angular range of travel the light beam remains within boundaries of the first zone (¶ 72, x-axis scan mirror is bound within scan area 510).
Regarding claim 28, Dussan discloses a method for steering a light beam (Fig. 5 as operationally discussed in Fig. 8B), comprising:
a. providing a coarse steering stage (Fig. 5, y-axis scanning MEMS mirror 502) configured to steer a light beam across a Field of View (FoV) (Fig. 5, scan area 510) in discrete angular steps (Fig. 8B & ¶¶ 96, 102, scanned at fixed angular steps row-by-row), wherein the FoV defining a plurality of tiles (¶ 96, plurality of rows defining scan area), each tile being associated with a respective angular step of the light beam (Fig. 8B & ¶¶ 96, 102, each row associated with respective angular step in y-axis),
b. providing a fine steering stage (Fig. 5, x-axis scanning MEMS mirror 500) configured to angularly displace the light beam in a plurality of positions within a first tile of the plurality of tiles (Fig. 8B & ¶¶ 96, 102, responsible for x-axis scanning across each row, including a top/first row/tile, from a left position to a right position).
c. the method including steering the light beam with the coarse steering stage and with the fine steering stage (¶¶ 71-72, beam steering of both x-axis and y-axis scanning MEMS mirrors within scan area 510).
Regarding claim 29, Dussan discloses the method of claim 28, and further discloses: wherein the fine steering stage is configured to impart a continuous angular motion to the light beam between the plurality of positions (¶ 102, x-axis mirror driven in oscillatory resonate mode, i.e., continuous harmonic oscillation).
Regarding claim 30, Dussan discloses the method of claim 29, and further discloses: wherein the fine steering stage includes a moveable optical component (¶¶ 71-72, x-axis mirror is rotatably controlled).
Regarding claim 31, Dussan discloses the method of claim 30, and further discloses: wherein the moveable optical component includes a Micro Electrical Mechanical System (MEMS) (¶¶ 71-72, x-axis mirror is a MEMS mirror).
Regarding claim 37, Dussan discloses the method of claim 28, and further discloses: wherein the fine steering stage is configured to angularly displace the light beam in an angular range of travel such that at any position of the light beam in the angular range of travel the light beam remains within boundaries of the first zone (¶ 72, x-axis scan mirror is bound within scan area 510).
Regarding claim 38, Dussan discloses a LIDAR apparatus (Fig. 1 & ¶ 29, lidar system 100) comprising the beam-steering engine (¶¶ 58-59 & 71, transmission system 104 further further detailed in Fig. 5) of claim 18 [28] (see anticipation rejection of claim 18 under Dussan, previously presented, as interpreted to depend on claim 18 in view of the 112(b) analysis).
Regarding claim 39, Dussan discloses the LIDAR apparatus of claim 38, and further discloses: including a transmitter to generate the light beam (Fig. 5, laser 300).
Regarding claim 40, Dussan discloses the LIDAR apparatus of claim 39, and further discloses: including a receiver (Fig. 1, receiver 106).
Regarding claim 41, Dussan discloses the LIDAR apparatus of claim 39, and further discloses: including an optical path between the transmitter and the coarse and fine steering stages (Fig. 5, optical path between laser 300 and steering stages 500 & 502).
Regarding claim 43, Dussan discloses the LIDAR apparatus of claim 39, and further discloses: wherein the fine steering stage resides between the transmitter and the coarse steering stage (Fig. 5, fine steering stage 500 between laser 300 and coarse steering stage 502).
Claims 18, 28 and 32-36 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Escuti (US20120188467A1).
Regarding claim 18, Escuti discloses a light beam-steering engine (Fig. 17A as further detailed in Figs. 10A and 17B), comprising:
a. a coarse steering stage (Fig. 17A, horizontal steering assembly) configured to steer a light beam across a Field of View (FoV) (Fig. 12, field of regard 1215) in discrete angular steps (¶ 146, steps of 1.25 degrees to cover +/-40 degrees), wherein the FoV defining a plurality of tiles, each tile being associated with a respective angular step of the light beam (¶ 146, discrete horizontal tiles each separated by 1.25 degrees to cover across +/-40º azimuth of the FoV),
b. a fine steering stage (Fig. 17A, vertical steering assembly) configured to angularly displace the light beam in a plurality of positions within a first tile of the plurality of tiles (¶ 146, discrete vertical positions each separated by 1.25 degrees to cover across +/-40º elevation for each horizontal tile of the FoV, naturally including positions within a first horizontal tile, e.g., positions +40º to -40º elevation at 0º azimuth).
Regarding claim 28, Escuti discloses a method for steering a light beam (Fig. 17A as further detailed in Figs. 10A and 17B), comprising:
a. a coarse steering stage (Fig. 17A, horizontal steering assembly) configured to steer a light beam across a Field of View (FoV) (Fig. 12, field of regard 1215) in discrete angular steps (¶ 146, steps of 1.25 degrees to cover +/-40 degrees), wherein the FoV defining a plurality of tiles, each tile being associated with a respective angular step of the light beam (¶ 146, discrete horizontal tiles each separated by 1.25 degrees to cover across +/-40º azimuth of the FoV),
b. a fine steering stage (Fig. 17A, vertical steering assembly) configured to angularly displace the light beam in a plurality of positions within a first tile of the plurality of tiles (¶ 146, discrete vertical positions each separated by 1.25 degrees to cover across +/-40º elevation for each horizontal tile of the FoV, naturally including positions within a first horizontal tile, e.g., positions +40º to -40º elevation at 0º azimuth),
c. the method including steering the light beam with the coarse steering stage and with the fine steering stage (Fig. 17A; ¶ 146).
Regarding claim 32, Escuti discloses the method of claim 28 and further discloses: wherein the coarse steering stage includes an optical element (Fig. 17B, one of the polarization gratings 1705b) that steers the light beam in discrete angular steps without mechanical movement of the optical element (¶¶ 114, 146, electrically switchable polarization grating between 0th order (0º) and 1st order (+/-θ)).
Regarding claim 33, Escuti discloses the method of claim 32 and further discloses: wherein the optical element is switchable between a first operational mode and a second operational mode, in the first operational mode the beam-steering engine is configured to output the light beam along a first propagation direction, in the second operational mode the beam-steering engine is configured to output the light beam along a second propagation direction (¶¶ 114, 146, electrically switchable polarization grating between first operation mode (1st order diffraction, at a first propagation direction of θ degrees) and second propagation mode (0th order diffraction, at a second propagation direction of 0 degrees)).
Regarding claim 34, Escuti discloses the method of claim 33 and further discloses: wherein the optical element is either one of a polarization grating and a polarization selector (¶¶ 114, 146, active polarization grating (PG)).
Regarding claim 35, Escuti discloses the method of claim 34 and further discloses: wherein the optical element includes a polarization grating, in the first operational mode the polarization grating is configured to alter a polarization of the light beam and alter a propagation angle thereof, wherein the first propagation direction forms a first non-nil angle with a direction of incidence of the light beam on the polarization grating (¶¶ 114, 146, electrically switchable polarization grating where first operation mode diffracts at 1st order propagating in the first propagation direction at θ degrees relative to incident angle; Fig. 10A).
Regarding claim 36, Escuti discloses the method of claim 35 and further discloses: wherein the polarization grating in the second operational mode is configured to preserve a polarization of the light beam incident on the polarization grating (Fig. 10A & ¶ 112, polarization is unaltered at 0th order state in the second operational mode), wherein the second propagation direction defines a non-zero angle with the first propagation direction (Fig. 10A, second propagation direction at a non-zero, θ degrees with respect to the first propagation direction).
Claim Rejections - 35 USC § 103
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.
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 19 and 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over Escuti in view of Niclass (US20170176579A1).
Regarding claim 19, Escuti discloses the light beam-steering engine of claim 18, however does not disclose: wherein the fine steering stage is configured to impart a continuous angular motion to the light beam between the plurality of positions. However, Niclass teaches a scanning mirror (¶ 45) imparting a continuous angular motion of the scan trajectory along the length of the vertical positions (Fig. 8, 130; ¶ 68). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fine steering stage of Escuti with the teachings of Niclass, since known work in one field of endeavor may prompt variations in design in either the same field or a different field based on design incentives or other market forces if the variations would have been predictable to one of ordinary skill in the art (KSR Rationale F). The difference is merely a known variation in optical scanning, and an artisan skilled in optical systems would have recognized that adopting the continuous elevation scanner of Niclass would confer the advantages of increased resolution across the vertical field of view, thereby yielding a system with greater effective scan coverage at a higher sampling density. This update represents a known improvement and would have been pursued by the skilled artisan with a reasonable expectation of success.
Regarding claim 22, Escuti in view of Niclass teaches the light beam-steering engine of claim 19 and further discloses: wherein the coarse steering stage includes an optical element (Escuti, Fig. 17B, one of the polarization gratings 1705b) that steers the light beam in discrete angular steps without mechanical movement of the optical element (Escuti, ¶¶ 114, 146, electrically switchable polarization grating between 0th order (0º) and 1st order (+/-θ)).
Regarding claim 23, Escuti in view of Niclass teaches the light beam-steering engine of claim 22 and further discloses: wherein the optical element is switchable between a first operational mode and a second operational mode, in the first operational mode the beam-steering engine is configured to output the light beam along a first propagation direction, in the second operational mode the beam-steering engine is configured to output the light beam along a second propagation direction (Escuti, ¶¶ 114, 146, electrically switchable polarization grating between first operation mode (1st order diffraction, at a first propagation direction of θ degrees) and second propagation mode (0th order diffraction, at a second propagation direction of 0 degrees)).
Regarding claim 24, Escuti in view of Niclass teaches the light beam-steering engine of claim 23 and further discloses: wherein the optical element is either one of a polarization grating and a polarization selector (Escuti, ¶¶ 114, 146, active polarization grating (PG)).
Regarding claim 25, Escuti in view of Niclass teaches the light beam-steering engine of claim 23 and further discloses: wherein the optical element includes a polarization grating, in the first operational mode the polarization grating is configured to alter a polarization of the light beam and alter a propagation angle thereof, wherein the first propagation direction forms a first non-nil angle with a direction of incidence of the light beam on the polarization grating (Escuti, ¶¶ 114, 146, electrically switchable polarization grating where first operation mode diffracts at 1st order propagating in the first propagation direction at θ degrees relative to incident angle; Fig. 10A).
Regarding claim 26, Escuti in view of Niclass teaches the light beam-steering engine of claim 23 and further discloses: wherein the polarization grating in the second operational mode is configured to preserve a polarization of the light beam incident on the polarization grating (Escuti, Fig. 10A & ¶ 112, polarization is unaltered at 0th order state in the second operational mode), wherein the second propagation direction defines a non-zero angle with the first propagation direction (Escuti, Fig. 10A, second propagation direction at a non-zero, θ degrees with respect to the first propagation direction).
Claims 38-40 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Uetsuka (US20200300992A1) in view of Escuti.
Regarding claim 38, Uetsuka teaches a LIDAR apparatus (Fig. 11; ¶ 80) comprising [a beam-steering engine] (Fig. 11, scanning element 90). However, does not teach the specifics of the beam-steering engine of claim 18. Escuti teaches the beam-steering engine of claim 18 (see anticipation rejection of claim 18 under Escuti). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the beam-steering engine of Uetsuka and adopted the nonmechanical beam-steering engine of Escuti with a reasonable expectation for success in order to provide improved pointing accuracy, increased steering speed, and reduced size and weight, thereby yielding a compact system capable of rapid and precise scanning (see Escuti, ¶¶ 4, 92, 130).
Regarding claim 39, Uetsuka in view of Escuti teaches the LIDAR apparatus in claim 38, and further teaches: including a transmitter to generate the light beam (Uetsuka, Fig. 11, laser 1).
Regarding claim 40, Uetsuka in view of Escuti teaches the LIDAR apparatus in claim 39, and further teaches: including a receiver (Uetsuka, Fig. 11, light receiver 3).
Regarding claim 42, Uetsuka in view of Escuti teaches the LIDAR apparatus in claim 40, and further teaches: including an optical path between the receiver and the coarse and fine steering stages (Uetsuka, Fig. 11, light path 7 and 10).
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include: Hall (US20190075281A1) which discloses fine and coarse non-mechanical beam steering elements for depth sensing. Robbins (US20180172994A1) which discloses a beam scanner employing the pairing of polarization gratings with a rotatable MEMS mirror for diffractive and reflective scanning. Shpunt (US20130127854A1) which discloses pattern projection for 3D optical mapping employing two-dimensional MEMS scanning.
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/ZHENGQING QI/Examiner, Art Unit 3645