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 .
DETAILED ACTION
Status of the Claims
1. This action is in response to the applicant’s filing on October 20, 2022. Claims 1-19 are pending.
Information Disclosure Statement
2. An applicant's duty of disclosure of material information is not satisfied by presenting a patent examiner with "a mountain of largely irrelevant data from which he is presumed to have been able, with his expertise and with adequate time, to have found the critical data. It ignores the real world conditions under which examiners work." Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1573,220 U.S.P.Q. 289 (Fed. Cir. 1983), cert. denied 469 U.S. 851 (1984). An applicant has a duty to not just disclose pertinent prior art references but to make a disclosure in such way as not to "bury" it within other disclosures of less relevant prior art. See Golden Valley Microwave Foods Inc. v. Weaver Popcorn Co. Inc., 24 U.S.P.Q.2d 1801 (N.D. Ind. 1992); Molins PLC v. Textron Inc. 26 U.S.P.Q.2d 1889, 1899 (D. Del. 1992); Penn Yan Boats, Inc. v. Sea LarkBoats, Inc. et al.,175 U.S.P.Q. 260, 272 (S.D. FI. 1972). It is unreasonable for Examiner to review all of the cited references thoroughly. By initialing the accompanying 1449 forms, examiner is merely acknowledging the submission of the cited references and indicating that only a cursory review has been made.
Claim Rejections – 35 USC § 102
3. 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.
4. Claims 1, 3-7, 9, 11-12 & 14-18 are rejected under 35 U.S.C. 102 as being unpatentable over Belsley et al (US 20070189341 A1), hereinafter Belsley.
5. Regarding Claims 1 & 11:
Belsley teaches, a signal splitter configured to split a common light signal into a first light signal and a second light signal, ([0003] “A typical measuring device may include, for example, a frequency modulated laser radar system”. “The beam may be divided into a target beam and a reference beam”).
Belsley teaches, a signal combiner configured to combine light from the first light signal and light from the second light signal so as to form a combined signal that is beating at a beat frequency, ([0075]: In some embodiments of the invention, processor 534 may determine a first beat frequency of first combined local oscillator beam 562. The first beat frequency may include a difference in frequency, attributable to a difference in path length, of first local oscillator beam).
Belsley teaches, electronics that include a beat frequency identifier configured to identify the beat frequency of the combined signal, ([0055]: Based on interference between portions 442 and 444 at coupler 446, reference frequency difference module 450 may generate the reference signal corresponding to a beat frequency of portions 442 and 444 of reference beam 420 caused by the fixed difference between their path lengths).
Belsley teaches, a chirp rate generator configured to calculate a chirp rate for the common light signal from the beat frequency of the combined signal, ([Abstract]: A system and method for controllably chirping electromagnetic radiation). Belsley further teaches, ([0055]: “reference interferometer 424 may receive reference beam 420 and may generate a reference signal corresponding to a frequency difference between two portions of reference beam”. “Based on interference between portions 442 and 444 at coupler 446, reference frequency difference module 450 may generate the reference signal corresponding to a beat frequency of portions 442 and 444 of reference beam 420 caused by the fixed difference between their path lengths”).
6. Regarding Claims 3, 12, & 17:
Belsley teaches, the electronics include a LIDAR data generator configured to calculate LIDAR data from the chirp rate calculated by the chirp rate generator, the LIDAR data indicating a radial velocity and/or distance between the imaging system and an object external to the imaging system, ([0004]: “the system may include a target interferometer and a reference interferometer”. “The reference interferometer may receive the reference beam and may generate a reference signal corresponding to a frequency difference between two portions of the reference beam”). Belsley further teaches ([0005]: The processor may receive the target signal and the reference signal and may process these signals to determine the range between the target interferometer and the target. Range information determined based on the target signal and the reference signal may be used to determine a range rate of the target with respect to the target interferometer). Belsley also teaches ([0002]: Such measuring devices may generate information related to a distance or range of a target from the measuring device and/or a velocity, or range rate, of the target relative to the measuring device).
7. Regarding Claims 4 & 15:
Belsley teaches, the signal combiner is also configured to combine the light from the first light signal with light from a comparative signal so as to form a composite signal that is beating at a composite signal beat frequency, the light from the comparative signal including light from the common signal that has exited from the imaging system, that has been reflected by an object located outside of the imaging system, and that has returned to the imaging system, ([0004]: The target interferometer may receive the target beam, and may generate a target signal corresponding to a frequency difference between one portion of the target beam directed towards, and reflected from, the target, and another portion of the target 25 beam directed over a path with a known or otherwise fixed path length).
8. Regarding Claims 5 & 16:
Belsley teaches, the beat frequency identifier is configured to identify the composite signal beat frequency ([0054]: Target interferometer 422 is typically used to generate a target signal that may depend upon a range of a target 430 from target interferometer 422. Target interferometer may accomplish this by directing one portion 428 of target beam 418 toward target 430, and the other portion 432 of target beam 418 to a target frequency difference module 434 over an optical path with a fixed path length. Portion 428 of target beam 418 may be reflected by target 430 and may be transmitted to target frequency difference module 434 via optical coupler 426 and an optical fiber 436. Based on interference between portions 436 and 432 at coupler 448, target frequency difference module 434 may generate the target signal corresponding to a beat frequency of portions 436 and 432 of target beam 418 due to the difference between their path lengths).
9. Regarding Claims 6 & 14:
Belsley teaches, the electronics include a LIDAR data generator configured to calculate LIDAR data from the chirp rate calculated by the chirp rate generator and also from the composite signal beat frequency identified by the beat frequency identifier, the LIDAR data indicating a radial velocity and/or distance between the imaging system and an object external to the imaging system, ([0054]: Based on interference between portions 436 and 432 at coupler 448, target frequency difference module 434 may generate the target signal corresponding to a beat frequency of portions 436 and 432 of target beam 418 due to the difference between their path lengths). Belsley further teaches ([0079]: a value proportional to a chirp rate difference 72 between the first chirp rate and the second chirp rate. This may enable the Doppler shift information to be extracted, which may represent an instantaneous velocity of target 516). Belsley also teaches ([0083]: Frequency data combination module 626 may linearly combine the first set of frequency data and the second set of frequency data, and may generate a range rate signal and a range signal derived from the mixed frequency data.
10. Regarding Claims 7 & 18:
Belsley teaches, a chirp rate detection component that reflects the second light signal but transmits the light that is from the common signal and that is included in the comparative signal, ([0003] The beam may be divided into a target beam and a reference beam). Belsley further teaches, ([0004]: The reference interferometer may receive the reference beam and may generate a reference signal corresponding to a frequency difference between two portions of the reference beam that may be directed over two separate fixed paths with a known path length difference. The frequency difference may be determined by the reference interferometer based on an interference signal derived from the two portions of the reference beam).
11. Regarding Claim 9:
Belsley teaches, a second signal splitter taps the common signal from an outgoing LIDAR signal, ([0052]: Beam 414 may be divided by an optical coupler 416 into a target beam 418 and a reference beam 420). Belsley further teaches, ([0054]: In some embodiments, system 410 may include a target interferometer 422 and a reference interferometer 424. Target interferometer 422 may receive target beam 418, and may divide the target beam at an optical coupler 426. Target interferometer 422 is typically used to generate a target signal that may depend upon a range of a target 430 from target interferometer 422).
Claim Rejections – 35 USC § 103
12. 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.
13. Claims 2 & 13 are rejected under 35 U.S.C. 103 as being unpatentable over Belsley et al (US 20070189341 A1), hereinafter Belsley, in view of Tuerker et al (Radio Science), hereinafter Tuerker.
14. Regarding Claims 2 & 13:
Belsley does not teach, the chirp rate generator being configured to calculate the chirp rate includes the chirp rate generator being configured to calculate a magnitude of the chirp rate according to mαn=fp/τp where mαn represents the magnitude of the chirp rate, fp represents the beat frequency of the combined signal, and τp represents a delay between a time needed for the first light signal to travel between the signal splitter and the signal combiner and a time needed for the second light signal to travel between the signal splitter and the signal combiner. However, Tuerker teaches ([6]: For stationary targets, the beat frequency and the range are related through the chirp rate and the travel time). Tuerker further teaches,
([Figure 1]: τ = 2R/c;
τ = time delay = τp (as recited in Claim);
R = distance;
c = speed of light).
Tuerker also teaches,
([Equation 1]:
f
R
=
f
˙
2
R
c
;
f
R
= the beat frequency = fp (as recited in Claim);
f
˙
= the magnitude of the chirp rate = mαn (as recited in Claim);
R = distance;
c = speed of light).
Substituting τ for 2R/c in Equation 1 yields;
f
R
=
f
˙
τ
;
Solving for
f
˙
(the magnitude of the chirp rate = mαn), yields;
f
˙
=
f
R
/
τ
For
f
˙
=
f
R
/
τ
Substitution of identical variables yields; mαn=fp/τp (as recited in Claim)
Since:
f
˙
= mαn ;
f
R
=
fp; and
τ
= τp;
The original equation for Claims 2 & 13 is returned.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed by Belsley with Tuerker to implement the beat frequency equation shown above since FMCW LiDAR and FMCW RADAR are in the same field of endeavor and results would have been predictable (Medium, [LiDAR vs RADAR]: LiDAR and RADAR have identical goals and principles). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Belsley with Tuerker to calculate the chirp rate base on the beat frequency since the hardware required to determine the beat frequency can have significantly lower sampling rates than equivalent hardware required to determine the chirp rate directly, thus reducing system complexity.
15. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Belsley et al (US 20070189341 A1), hereinafter Belsley, in view of Xu et al (Frontiers in Physics), hereinafter Xu.
16. Regarding Claim 8:
Belsley does not teach, the signal splitter and signal combiner are included in a photonic circuit on a semiconductor chip. However, Xu teaches ([P. 1]: Typical integrated optical systems include generation [1–4], coupling [5–34], splitting [35–81], modulation [82–98], and detection [99–102] of photons. Among them, on-chip beam splitting is not only the key link of photon propagation, but also an important part of integrated devices such as Mach Zehnder interferometer (MZI)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed by Belsley with Xu to include the splitter and combiner on a photonic circuit since, (Xu, [P. 12]: the on-chip beam splitter is a basic unit in the integrated optical circuit). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Belsley with Xu since, (Xu, [P. 1]: Compared with the optical system composed of traditional optical devices, the photonic integrated circuit composed of on-chip optical devices has the advantages of wide bandwidth, easy implementation of dense wavelength division multiplexing (WDM), compact structure, light weight, low energy consumption, high reliability, easy integration, and compatibility with traditional CMOS technology).
17. Claims 10 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Belsley et al (US 20070189341 A1), hereinafter Belsley, in view of Madison et al (US 20190265351 A1), hereinafter Madison.
18. Regarding Claims 10 and 19:
Belsley does not teach, the chirp rate generator is configured to calculate an approximate duration of a delay between a time needed for the first light signal to travel between the signal splitter and the signal combiner and a time needed for the second light signal to travel between the signal splitter and the signal combiner. However, Madison teaches ([0388]: In this example, device 1200 measures the difference of the optical pathlength for light traveling along path 1 1290 and light traveling along path 2 1291. The optical phase of the light emerging from laser 1202 is modulated by electro-optic modulator (EOM) 1204, driven by an electronic signal from synthesizer 1212. The output of synthesizer 1212 is controlled by data processor 1226. Beam splitter 1254 splits the light into the two paths of the interferometer. The light reflects from reflectors 1256, 1258 and the returning beams are recombined by beam splitter 1254 into a beam that is directed to photodetector 1214. This output is digitized by analog-to-digital converter (ADC) 1224. The digital representation of the RF power is used by data processor 1226 to compute the path-length difference in the interferometer). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method disclosed by Belsley with Madison to use the data processor responsible for controlling the chirp rate, to calculate the path length difference, since the final calculation does not require significant processing power and can easily be computed without the need for an additional processor. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Belsley with Madison, since using a single processor for both control of chirp rate and calculation of time delay, or its equivalent, path length difference, would reduce system complexity and fully leverage the processor capabilities to optimize acquisition speeds.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SPIE Field Guide to Displacement Measuring Interferometry, FG30: Provides a thorough discussion of precision systems that require accurate positioning knowledge use displacement measuring interferometry either through direct measurement or calibration of alternative metrology systems.
CA 3191688 A1: Discloses a method and system for frequency modulated continuous wave (FMCW) LIDAR to reduce phase noise responsible for range resolution errors, including several designs and techniques to increase the accuracy of LIDAR signals.
WO 2018170478 A1: Discloses methods and apparatuses for frequency-modulated continuous-wave (FMCW) light detection and ranging (LiDAR). Examples are provided where high-closed-loop bandwidth, active feedback applied to laser frequency chirps may provide increases in the free-running laser coherence length for long-range FMCW distance measurements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES W NAPIER whose telephone number is (571)272-7451. The examiner can normally be reached Monday - Friday 7:30 am - 5:00 pm.
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, Robert Hodge can be reached at (571) 272-2097. 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.
/J.W.N./Examiner, Art Unit 3645
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3645