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
Applicant’s amendment necessitated new grounds of rejection. This action is made final in view of the new grounds of rejection.
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)(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 1-2 and 11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Han et al. (US 2021/0396848), hereinafter Han.
In re. claim 1, Han teaches a scanning device comprising: a first irradiation unit (101) configured to radiate a first electromagnetic wave of infrared radiation (fig. 7) for scanning an object (T) of interest; a second irradiation unit (201) configured to radiate a second electromagnetic wave of visible light (fig. 7); a scanning unit (170) configured to deflect and output the first electromagnetic wave radiated by the first irradiation unit and the second electromagnetic wave radiated by the second irradiation unit (para [0061]); a waveguide unit (123) configured to guide the second electromagnetic wave (201) output by the scanning unit in a second direction (toward target (T)) different from a first direction (toward reference mirror (209) or detector (105)) of the first electromagnetic wave (para [0062]) (fig. 7); and a detection unit (205) configured to detect the second electromagnetic wave (201) guided in the second direction of the waveguide unit (para [0066]).
In re. claim 2, Han teaches the scanning device according to claim 1, wherein the detection unit (205) is positioned outside an irradiation range (140) of the first electromagnetic wave output by the scanning unit (fig. 7).
In re. claim 11, Han teaches a distance measuring device (10) configured to measure a distance to an object of interest, the distance measuring device comprising: the scanning device according to claim 1 (para [0043]).
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 3-4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, and further in view of Viswanathan et al. (US 2019/0212451), hereinafter Viswanathan.
In re. claim 3, Han teaches the scanning device according to claim 1, further comprising: a combining unit (in the alternative (170) is a combining unit) configured to make a direction of travel of the first electromagnetic wave and a direction of travel of the second electromagnetic wave match each other (fig. 7).
In the alternative interpretation, Han fails to disclose a scanning unit that deflects combined electromagnetic waves of the first electromagnetic wave and the second electromagnetic wave output from the combining unit.
Viswanathan teaches a scanning unit (216) (fig. 19) that deflects combined electromagnetic waves (combined at mirror (1942)) of the first electromagnetic wave (264) and the second electromagnetic wave (1910/1920/1930) output from the combining unit (1942).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Han to incorporate the teachings of Viswanathan to have a scanning unit that deflects combined electromagnetic waves of the first electromagnetic wave and the second electromagnetic wave output from the combining unit, for the purpose of utilizing the teachings of the invention to scan the environment to produce multiple data points within the environment.
In re. claim 4, Han as modified by Viswanathan (see Han) teaches the scanning device according to claim 3, wherein the combining unit (170) is disposed at a position where the first electromagnetic wave radiated by the first irradiation unit (101) and the second electromagnetic wave radiated by the second irradiation unit (201) are incident on the combining unit (fig. 7).
In re. claim 9, Han fails to disclose the detection unit includes a photodiode configured to detect the visible light radiated by the second irradiation unit.
Viswanathan teaches the detection unit includes a photodiode configured to detect the visible light radiated by the second irradiation unit (para [0045]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Han to incorporate the teachings of Viswanathan to have the detection unit include a photodiode, for the purpose of using known suitable light sensitive devices for detecting the radiated light.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Viswanathan.
In re. claim 12, Han teaches a scanning device comprising: a scanning unit (170) configured to direct a combined electromagnetic wave of infrared radiation (101) and visible light (201) incident thereon (fig. 7); a waveguide unit (123) configured to separate the electromagnetic wave directed by the scanning unit into a first electromagnetic wave of the infrared radiation (towards mirror (209)) and a second electromagnetic wave of the visible light (towards target (T)) (fig. 7); and a detection unit (205) configured to detect the second electromagnetic wave output by the waveguide unit (para [0066]), wherein the detection unit is disposed at a position outside an irradiation range (140) of the first electromagnetic wave output from the waveguide unit (fig. 7).
Han fails to disclose the scanning unit deflects the combined electromagnetic wave.
Viswanathan teaches a scanning unit (216) (fig. 19) that deflects combined electromagnetic waves (combined at mirror (1942)) of the first electromagnetic wave (264) and the second electromagnetic wave (1910/1920/1930) output from the combining unit (1942).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Han to incorporate the teachings of Viswanathan to have a scanning unit that deflects combined electromagnetic waves, for the purpose of utilizing the teachings of the invention to scan the environment to produce multiple data points within the environment.
Claims 5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Han as applied to claim 1 above, and further in view of Kempf et al. (US 2021/0096442), hereinafter Kempf.
In re. claim 5, Han teaches the scanning device according to claim 1, wherein the waveguide unit (123) is disposed at a position on a path of the first electromagnetic wave (101) output by the scanning unit (170) (fig. 7), the path extending up to the location through which the first electromagnetic wave is emitted (fig. 7).
Han fails to disclose an emitting unit configured to emit the first electromagnetic wave.
Kempf teaches an emitting unit (250) configured to emit the first electromagnetic wave (204).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Han to incorporate the teachings of Kempf to have an emitting unit configured to emit the first electromagnetic wave, in order to enable the focusing of the light toward a region of interest (Kempf, para [0035]).
In re. claims 7-8, Han fails to disclose the first irradiation unit includes a laser diode configured to radiate the infrared radiation as the first electromagnetic wave, or the second irradiation unit includes a laser diode configured to radiate the visible light as the second electromagnetic wave.
Kempf teaches the first irradiation unit (204) includes a laser diode configured to radiate the infrared radiation as the first electromagnetic wave (para [0029]), or the second irradiation unit (201-203) includes a laser diode configured to radiate the visible light as the second electromagnetic wave (para [0029]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Han to incorporate the teachings of Kempf to have the electromagnetic waves radiated with a laser diode, for the purpose of providing an independently controllable laser source (Kempf, para [0029]).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-9, and 11-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 6, 10, and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
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, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/ Primary Examiner, Art Unit 3647