DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Remarks
Applicant’s arguments with respect to the rejection of claims under 35 U.S.C. § 112(b) and 35 U.S.C. § 103 are withdrawn. The rejection under double patenting is remaining and Applicant's intention to file a terminal disclaimer is noted.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 28-38, 40, 41, 46, and 47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,467,282. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope covered by the claim is broader than the scope covered by claim 1 of the reference patent by not requiring the generation of the first and second beams.
Claim 28 of Application
Claim 1 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
1. A method for measuring motion aspects of a target, the method comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
generating a first laser beam at a first frequency that varies at a first chirp rate…causing the first laser beam…to be co-incident on a location of the target;
directing a second laser beam at the location on the target, the second laser beam having a second frequency;
generating a second laser beam at a second frequency; causing…the second laser beam to be co-incident on a location of the target;
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target;
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two independent motion aspects of the location on the target
combining the first reflected portion and the second reflected portion to determine at least two independent motion aspects of the location on the target.
Claims 28-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,578,738. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim is broader, having fewer limitations, than claim 1 of the reference patent and thus all the limitations are found in the reference patent.
Claim 28 of Application
Claim 1 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
1. A method for measuring motion aspects of a target, the method comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
generating a first laser beam at a first frequency that varies at a first chirp rate…causing the first laser beam to be incident on a location of the target;
directing a second laser beam at the location on the target, the second laser beam at a second frequency;
generating a second laser beam at a second frequency; causing the first laser beam to be incident on a location of the target;
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target; and
receiving a first reflected portion of the first laser beam from the target; receiving a second reflected portion of the second laser beam from the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two motion aspects of the location on the target, wherein the at least two motion aspects are determined independently from one another.
combining the first reflected portion of the first laser beam with the second reflected portion of the second laser beam to determine at least two independent motion aspects of the target.
Claims 28-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-31 of U.S. Patent No. 9,864,060. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope covered by the claim is broader than the scope covered by claim 1 of the reference patent by not require the generation of the first and second beams.
Claim 28 of Application
Claim 1 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
1. A method for measuring motion aspects of a target, the method comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
generating a first laser beam at a first frequency…at a first chirp rate…causing the first laser beam to be incident on a location of the target;
directing a second laser beam at the location on the target, the second laser beam at a second frequency;
generating a second laser beam at a second frequency; causing the second laser beam to be incident on the location of the target;
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target;
receiving a first reflected portion of the first laser beam from the location on the target…receiving a second reflected portion of the second laser beam from the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two motion aspects of the location on the target, wherein the at least two motion aspects are determined independently from one another.
combining the first reflected portion of the first laser beam with the second reflected portion of the second laser beam to determine at least two independent motion aspects of the location on the target.
Claim 28-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 7,920,272. Although the claims (e.g. claim 1) at issue are not identical, they are not patentably distinct from each other because the claims which are drawn to a method, would flow from the function of the structural elements recited in the reference claims.
Claim 28 of Application
Claim 14 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
14. A laser radar system comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
…a first laser beam at a first chirp rate…a first targe beam
directing a second laser beam at the location on the target, the second laser beam at a second frequency;
a second laser beam at a fixed frequency…into a second target beam, incident on the target at the same location as the first target beam
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target; and
receiving a first reflected portion of the first laser beam from the target; receiving a second reflected portion of the second laser beam from the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two motion aspects of the location on the target wherein the at least two motion aspects are determined independently from one another.
16. …an input/output port that… receives reflected electromagnetic radiation reflected from the target to form a portion of a common optical path.
14. …a processor that determines a range and a range rate of the target unambiguously
Claims 28-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-28 of U.S. Patent No. 8,582,085. Although the claims (e.g. claim 1) at issue are not identical, they are not patentably distinct from each other because the claims which are drawn to a method, would flow from the function of the structural elements recited in the reference claims.
Claim 28 of Application
Claim 17 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
15. A laser radar system comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
…a first laser beam at a first chirp rate… into a first target beam
directing a second laser beam at the location on the target, the second laser beam at a second frequency;
a second laser beam at a fixed frequency…into a second target beam, incident on the target at the same location as the first target beam
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target; and
receiving a first reflected portion of the first laser beam from the target; receiving a second reflected portion of the second laser beam from the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two motion aspects of the location on the target, wherein the at least two motion aspects are determined independently from one another.
17. The system of claim 15, further comprising: a combiner that generates a combined target beam from the first target beam and the second target beam prior to emission; and an input/output port that directs the combined target beam toward the target and receives reflected electromagnetic radiation reflected from the target to form a portion of a common optical path.
a processor configured to determine a range and a Doppler velocity of the target unambiguously from the first combined target beam and the second combined target beam.
Claims 28-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-27 of U.S. Patent No. 7,511,824. Although the claims (e.g. claim 1) at issue are not identical, they are not patentably distinct from each other because the claims which are drawn to a method, would flow from the function of the structural elements recited in the reference claims.
Claim 28 of Application
Claim 17 of the reference patent
1. A method for measuring motion aspects of a target, the method comprising:
15. A laser radar system comprising:
directing a first laser beam at a location on the target, the first laser beam having a first frequency that varies by a first chirp rate;
…a first laser beam at a first chirp rate… into a first target beam
directing a second laser beam at the location on the target, the second laser beam at a second frequency;
a second laser beam at a fixed frequency…into a second target beam, incident on the target at the same location as the first target beam
receiving a first reflected portion of the first laser beam from the location on the target and a second reflected portion of the second laser beam from the location on the target; and
receiving a first reflected portion of the first laser beam from the target; receiving a second reflected portion of the second laser beam from the target; and
combining the first reflected portion and the second reflected portion; and
determining at least two motion aspects of the location on the target, wherein the at least two motion aspects are determined independently from one another.
17. The system of claim 15, further comprising:…an input/output port that directs the combined target beam toward the target and receives reflected electromagnetic radiation reflected from the target to form a portion of a common optical path.
Conclusion
THIS ACTION IS MADE FINAL. 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 Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached on 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hwa Andrew Lee/Primary Examiner, Art Unit 2877