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
The following addresses applicant’s remarks/amendments dated 24 April 2026.
Claims 1-4, 6, and 8-19 were amended. Claims 5 and 7 were cancelled. No new claims were added. Therefore, claims 1-4, 6, and 8-19 are currently pending in the current application and are addressed below.
Response to Arguments
Applicant’s arguments, see Remarks, filed 24 April 2026, with respect to the rejection(s) of claims 1 and 19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hörsch et al., US 20180275310 A1 in view of Merettig et al., DE 10231178 A1.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 6, and 8-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hörsch et al., US 20180275310 A1 (“Hörsch”) in view of Merettig et al., DE 10231178 A1 (“Merettig”).
Regarding claim 1, Hörsch discloses an optoelectronic sensor in accordance with the triangulation principle for the detection of an object in a monitored zone, the optoelectronic sensor comprising:
a light transmitter for transmitting light into the monitored zone (Fig. 1, light transmitter 12, Paragraph [0038]);
a light receiver having a plurality of light reception elements arranged to form a row for the generation of a respective received signal from a received light spot that light remitted at the object generates on the light receiver (Fig. 1, light receiver 26, Paragraph [0038]-[0039]), wherein the light transmitter and the light receiver form a triangulation arrangement (Fig. 1, light transmitter 12, light receiver 26, Paragraph [0039]); and
a control and evaluation unit that is configured to determine an incidence location of the received light spot on the light receiver and to determine distance information therefrom (Fig. 1, evaluation unit 30, switching signal unit 32, light distribution measurement unit 36, Paragraph [0040]), wherein the control and evaluation unit has a plurality of processing channels in which respective ones of the received signals from a group of the light reception elements are combined (Fig. 4, multiplex unit 48, processing channels 50.sub.1 . . . 50.sub.n, 50.sub.m, Paragraph [0044]-[0046]),
wherein the plurality of processing channels comprises at least three processing channels (Fig. 4, processing channels 50.sub.1 . . . 50.sub.n, 50.sub.m, Paragraph [0048]).
Hörsch does not teach: the at least three processing channels including a central channel on whose associated group of the light reception elements a center of the received light spot is incident, a right flanking channel on whose associated group of the light reception elements a right portion of the received light spot is incident, and a left flanking channel on whose associated group of the light reception elements a left portion of the received light spot is incident,
wherein the light reception elements associated with the central channel and the left and right flanking channels completely cover the received light spot, and
wherein the control and evaluation unit is further configured to align the central channel and the left and right flanking channels on the received light spot, a level of the left flanking channel and a level of the right flanking channel being compared and, when a difference beyond a tolerance threshold thereof if determined, the central channel and the left and right flanking channels are displaced in a direction of the smaller one of the levels.
However, Merettig teaches a light spot incident on light reception elements connected to at least three processing channels, including a central channel, a right flanking channel, and a left flanking channel that completely cover the light spot (Fig. 1, receiving light spot 31, receiving elements 17', processing units 19, Paragraph [0031]; See also Paragraph [0013]: each processing channel can correspond to a signal light reception element while other light reception elements not used). A control and evaluation unit is variably aligns the central channel and the left and right flanking channels on the received light spot by comparing the received signal in each channel and determining when a difference beyond a tolerance threshold is reached (Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]: (j)-(k))
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hörsch’s processing channels by distributing the processing channels that detect the light spot across three photodiode cells, which is disclosed by Merettig. One of ordinary skill in the art would have been motivated to make this modification in order to “flexibly adapt the sensor to different applications”, as suggested by Merettig (Paragraph [0007]).
Regarding claim 2, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the received signals of the at least three processing channels are merged in an analog manner (Hörsch, Fig. 4, processing channels 50.sub.1 . . . 50.sub.n, 50.sub.m, Paragraph [0046]).
Regarding claim 3, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the central channel has the highest resolution of the at least three processing channels (Hörsch, Fig. 4, processing channels 50.sub.m, Paragraph [0050]: additional processing channel used for center light reception element 28 between near and far zone processing channels; See also Paragraph [0048]).
Regarding claim 4, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 3, wherein the group of light reception elements associated with the central channel only has a single one of the light reception elements (Merettig, Fig. 1, receiving light spot 31, receiving elements 17', processing units 19, Paragraph [0031]).
Regarding claim 6, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the light reception elements associated with the central channel and the flanking channels completely cover exactly the received light spot (Merettig, Fig. 1, receiving light spot 31, receiving elements 17', processing units 19, Paragraph [0031]).
Regarding claim 8, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the control and evaluation unit is further configured to displace a constant number of the light reception elements (Merettig, Fig. 1, receiving light spot 31, receiving elements 17', processing units 19, Paragraph [0031]).
Regarding claim 9, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the control and evaluation unit is further configured to displace a number of the light reception elements that depends on a ratio or the difference of the level of the left flanking channel with respect to the level of the right flank passage (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 10, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the control and evaluation unit is further configured to iterate the alignment comprising the displacement of the central channel and the left and right flanking channels (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 11, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein at least one further processing channel is provided, the at least one further processing channel comprising at least one background channel on whose associated group of light reception elements the received light spot is not incident (Hörsch, Fig. 4, processing channels 50.sub.1 for near zone, 50.sub.2 for far zone, Paragraph [0048], See also: Paragraph [0028], [0055], [0059]: far zone processing channel is the background processing channel).
Regarding claim 12, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 11, wherein the at least one background channel at least comprises at least two background channels, a respective one thereof being provided for a near zone and a far zone of the light receiver (Hörsch, Fig. 4, processing channels 50.sub.1 for near zone, 50.sub.2 for far zone, Paragraph [0048]).
Regarding claim 13, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the control and evaluation unit is further configured for a new division of the processing channels in which groups of the light reception elements are first associated with a respective one of the processing channels over a region of the light receiver independently of knowledge of a position of the received light spot on the light receiver (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 14, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 13, wherein the control and evaluation unit is further configured to perform a position determination of the received light spot by means of the newly divided distribution channels, thus at least initializing the central channel and the left and right flanking channels (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 15, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 14, wherein at least one further processing channel is provided, the at least one further processing channel comprising at least one background channel on whose associated group of the light reception elements the received light spot is not incident (Hörsch, Fig. 4, processing channel 50.sub.2 for far zone, Paragraph [0048]), and wherein the control and evaluation unit is further configured to compare levels in the central channel and the left and right flanking channels, and to also compare levels in the at least one background channel, to determine whether the received light spot has migrated into the at least one background channel (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 16, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 15, wherein the control and evaluation unit is further configured to perform a new division of the processing channels (Merettig, Fig. 1, switch matrix 25, Paragraph [0028], [0030]; See also Paragraph [0020]).
Regarding claim 17, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 1, wherein the control and evaluation unit is further configured for interference filtering in at least one of the processing channels (Hörsch, Paragraph [0046]: processing channels can include digital filter).
Regarding claim 18, Hörsch, as modified in view of Merettig, discloses the optoelectronic sensor in accordance with claim 17, wherein a suitable time for a signal recording is determined using an observation of an interference environment (Hörsch, Paragraph [0046]-[0048]; See also Paragraph [0064]).
Claim 19 is a method claim corresponding to apparatus claim 1 and is rejected for the same reasons.
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 RACHEL N NGUYEN whose telephone number is (571)270-5405. The examiner can normally be reached Monday - Friday 8 am - 5:30 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at (571) 270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHEL NGUYEN/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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