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 Arguments
Applicant's arguments filed 05/12/2026 have been fully considered but they are not persuasive. Reference by D1 only generates lidar data while reference by D2 shows how in some scenarios is advantages is create fused RGB+ Lidar data. Applicant argument is not persuasive.
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.
Claim(s) 1, 12 and claims bellow are rejected under 35 U.S.C. 103 as being unpatentable over D1 US 20180329065 A1 in view of D2 US 20200057151 A1.
Regarding claims 1, 12 D1 teaches
1, 12 An optical device comprising:
a first substrate;(1202)
a second substrate(fig 15a, element bellow microlens or aperture layer) positioned on a top side of the first substrate;(fig. 15a element on which 1510 is arranged and receivers are arranged + fig. 8)
a light transmitter(1506) including a light source(1510) arranged on the first substrate(fig. 15a) and a light generating module(microlens array or aperture array) arranged on the second substrate to be coaxially aligned with the light source;(fig. 15A)
a light receiver(1504) including a light guide module(aperture or microlens array fig. 15A) arranged on the second substrate(fig. 15a) and a light sensing module(sensor boxes ) arranged on the first substrate to be coaxially aligned with the light guide module(fig. 15A); and
a controller,[0016]
wherein the light generating module is configured to generate a light pattern that is irradiated to outside of the optical device by light from the light source,(fig. 15A)
wherein the light guide module has a light transmitting layer having a predetermined pattern, and is configured to cause the light reflected from exterior of the optical device to pass through the light transmitting layer to the light sensing module by the light pattern,(Fig. 15A)[0106][0120][0249]
wherein the light sensing module is configured to generate a first optical image by sensing the light having passed through the light guide module, and[0069] [0005]
wherein the first optical image has an interference pattern generated by the predetermined pattern [0060][0112][0114]
but does not teach while D2 teaches
wherein the first optical image has a diffusing pattern generated by the predetermined pattern,(implicit due to the fact that source is generating diffusion pattern that pattern is reflected from the object and therefore will be at least detected. N reality due to the unevenness of the objects the patter will include multiple interference patterns as well )
wherein the controller is configured to generate a second optical image by reconstructing the first optical image, based on the predetermined pattern [0042]( construct a topographical map of the scene, as well as an RGB image of the scene that is highly correlated with the topographical map of the scene)
It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 with teaching by D2 in order to construct a topographical map of the scene, as well as an RGB image of the scene that is highly correlated with the topographical map of the scene and use diffuser on the source in order to increase the FOV[0042].
2. The optical device of claim 1, further comprising a first support(2173) protruding upward on a portion of the first substrate(fig. 21B), and configured to support a side surface of the second substrate to position the second substrate on topside of the first substrate(fig. 21b), and to accommodate the light source(2171) and the light sensing module(analogous to source) therein.
3. The optical device of claim 2, further comprising a second support(2170) protruding upward on a portion of the first substrate on an outer side of the first support and configured to accommodate the light generating module and the light guide module therein.(fig. 21b similar to )
4. The optical device of claim 1, further comprising an optical filter arranged on one side of the second substrate.[0062]
5. The optical device of claim 1, wherein the interference pattern (Moir pattern) or a diffusing pattern.(does not have patentable weight due to the fact that independent claim requires one or the other one. If one selects addressing diffusion pattern then interference pattern is not present atall.)
6. The optical device of claim 5, wherein the predetermined pattern comprises a plurality of concentric circle patterns having different radii.[0120-0121](design choice)
7. The optical device of claim 5, wherein the predetermined pattern comprises a symmetric lattice pattern. (design choice)
8. The optical device of claim 5, wherein the predetermined pattern comprises a surface light source pattern. (design choice)
Although D1 or D2 does not explicitly say “concentric circle patterns having different radii” D1 teaches using different patterns and therefore using concentric circle patterns is just a matter of design choice.( Also using different patterns to construct images well known according to D3 KR 20160132962 A)
9. The optical device of claim 1, further comprising a driver configured to Control operations of the light transmitter and the light receiver.([0058], [0120])
10. The optical device of claim1,wherein the optical device comprises a time of flight (TOF) sensor module, a charge-coupled device (CCD) module, a complementary metal-oxide-semiconductor (CMOS) module, or a single photon avalanche diode (SPAD) module.[0020]
11. The optical device of claim 1, wherein the light pattern generated by the light generating module comprises a surface light source pattern.[0091]
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.
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/HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
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