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 amendments filed 7/28/2026 have been considered. The amendments to claims 1 and 14 have overcome the previous grounds of rejection, which are now withdrawn. However, a new rejection is made under 35 U.S.C. 103.
Claim Objections
Claim 14 is objected to because of the following informalities: line 8 recites “to the objec”, and “objec” should be corrected to recite object. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 3-5: Claims 3, 4, and 5, all recite “the apparatus in accordance with claim 2.” However, claim 2 has been cancelled. For the purposes of examination, claims 3, 4, and 5, are all being interpreted to be dependent on claim 1.
All other claims are rejected by virtue of dependency.
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 1, 3-4, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bridges (US 20150043009 A1) in view of Su (US 20200182848 A1).
Regarding Claim 1: Bridges discloses an apparatus for jointly detecting a color and a distance of an object (Fig. 3 and Abstract), said apparatus comprising:
a transmission unit (Fig. 3, [0022] light emitter 210), comprising:
a light element that is configured to emit light in a predefined wavelength range ([0022] light beams with R G B and infrared); and
the transmission optics that is configured to direct the emitted light to the object (Fig. 4, light source 210 having elements 212, 214, 216, 218; Fig. 3);
a reception unit, comprising a first reception element; a second reception element that is arranged spaced apart from the first reception element (Fig. 3, 250, 260, 270); and a reception optics (Fig. 3, dichroic splitter 254; [0022])
wherein the reception optics is configured to receive light remitted by the object and to direct it to the first reception element and the second reception element (Fig. 3 and paragraph [0022]); and
an evaluation unit that is configured to evaluate light received by the first reception element and to determine the distance of the object and to evaluate the light received by the second reception element and to determine the color of the object (Fig. 3, 271 and [0022] - [0023]),
wherein the light element has a first light source, a second light source, and a third light source that are spaced apart from one another and that are configured to emit light in three different predefined wavelength ranges (Fig. 4: 211, 213, 215, 217), wherein the transmission unit further has a superposition optics that is configured to superimpose the light emitted by the three light sources and to direct it to a common beam axis (Fig. 4: 212, 214, 216, 218, and single beam of light 220)
and wherein the second reception element is configured such that it determines the intensity of the remitted light and the evaluation unit determines the color of the object on the basis of this intensity, considering the emission pattern ([0023] the color receiver passes the different colors of light to their corresponding optical detectors. The strength of the detected signal determines the first, second, and third, color values. [0026] ADC is used to detect the color signals).
Bridges further discloses that the light emitter is designed in a way where the different laser beams of different colors can be switched on and off independently and the composition of the emission light beam can be adapted to a particular application or purpose ([0021]). However, Bridges does not expressly teach that the first second and third light sources are successively activated so that an emission pattern results from the three wavelength ranges.
However, Su teaches a device that can determine color and distance ([0058] - [0060] color determined by the intensity of the detected light at different wavelengths; [0098] – [0099] measure distance to object) with a light emitter having an array of light sources, each of the light sources being a different wavelength (Figs. 1-3, light sources 111 and [0047]), where the different light sources of different wavelengths are successively activated so that an emission pattern results from the three wavelength ranges ([0050] – [0052] and [0057] – [0061] the different light sources in the array are sequentially transmitted in response to an emission control signal).
It would have been obvious to one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention to modify the emission pattern in the device disclosed by Bridges, such that the individual light sources are successively activated, as taught by Su. The device disclosed by Bridges already is capable of switching individual lasers on and off based on the desired application or purpose for using the device (Bridges, [0021]). Successively activating individual light sources is a predictable variation in light transmission schemes (MPEP 2141.III KSR Rationale F).
Regarding Claim 3: Bridges, in view of Su, teaches the apparatus in accordance with claim 1. Bridges further discloses wherein the light element has a first light source, a second light source, and a third light source that are spaced apart from one another and that are configured to emit light in three different predefined wavelength ranges (Fig. 4: 211, 213, 215, 517), wherein the transmission unit further has a superposition optics that is configured to superimpose the light emitted by the three light sources and to direct it to the common beam axis (Fig. 4: 212, 214, 216, 218, and single beam of light 220).
Regarding Claim 4: Bridges, in view of Su, teaches the apparatus in accordance with claim 1. Bridges further discloses wherein the superposition optics has one mirror and two dichroic mirrors that are arranged and configured to superpose the light emitted by the three light sources and to direct it to the common beam axis (Fig. 4 and [0024]: right angle mirror 212 and dichroic beamsplitters 214, 216, 218).
Regarding Claim 12: Bridges, in view of Su, teaches the apparatus in accordance with claim 1. Bridges further discloses wherein the evaluation unit is configured to correct the determined color based on the determined distance of the object ([0026] color is determined based on first second and third color values, as well as the distance).
Regarding Claim 13: Bridges, in view of Su, teaches the apparatus in accordance with claim 1. Bridges further discloses wherein the reception optics is formed in one piece ([0022] dichroic beamsplitter 254 directs the beams to their corresponding detectors).
Regarding Claim 14: Bridges discloses a method for jointly detecting a color and a distance of an object (Fig. 3 and Abstract),
emitting light using a first light source, a second light source, and a third light source in three different predefined wavelength ranges ([0022] light beams with R G B and infrared; Fig. 4: 211, 213, 215, 217);
superposing the light emitted by the three light sources and directing the emitted light along a beam axis to the object using a superposition optics (Fig. 4, elements 212, 214, 216, 218 forming beam 220; Fig. 3);
receiving light remitted by the object ([0022] and Fig. 3, receiver 250);
directing the remitted light to a first reception element and a second reception element (Fig. 3: 260 + 270);
evaluating the light received by the first reception element to determine the distance of the object ([0022] electro optical receiver 270 determines distance); and
evaluating the light received by the second reception element to determine the color of the object ([0023] color values for measured point obtained by color receiver 260),
wherein the evaluation of the light received by the second reception element comprises determining the intensity of the remitted light and the color is determined on the basis of this intensity, considering the emission pattern ([0023] the color receiver passes the different colors of light to their corresponding optical detectors. The strength of the detected signal determines the first, second, and third, color values. [0026] ADC is used to detect the color signals).
Bridges does not expressly disclose that the first, second, and third light sources are activated after one another so that an emission pattern results from the three wavelength ranges.
However, Su teaches a device that can determine color and distance ([0058] - [0060] color determined by the intensity of the detected light at different wavelengths; [0098] – [0099] measure distance to object) with a light emitter having an array of light sources, each of the light sources being a different wavelength (Figs. 1-3, light sources 111 and [0047]), where the different light sources of different wavelengths are successively activated so that an emission pattern results from the three wavelength ranges ([0050] – [0052] and [0057] – [0061] the different light sources in the array are sequentially transmitted in response to an emission control signal).
It would have been obvious to one ordinarily skilled in the art of lidar technologies before the effective filing date of the claimed invention to modify the emission pattern in the device disclosed by Bridges, such that the individual light sources are successively activated, as taught by Su. The device disclosed by Bridges already is capable of switching individual lasers on and off based on the desired application or purpose for using the device (Bridges, [0021]). Successively activating individual light sources is a predictable variation in light transmission schemes (MPEP 2141.III KSR Rationale F).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bridges (US 20150043009 A1) in view of Su (US 20200182848 A1), further in view of Brukilacchio (US 20070206390 A1).
Bridges, in view of Su, teaches the apparatus in accordance with claim 1. Bridges further discloses wherein the superposition optics comprises a first prism, a second prism, a third prism, and a fourth prism, that are arranged adjacent to one another (Fig. 4: 212, 214, 216, 218), wherein contact surfaces between the prisms are dichroically coated and are arranged and configured to superpose the light emitted by the three light sources and direct it to the common beam axis (Fig. 4 and [0024] dichroic splitters 214 216 and 218).
This combination does not teach that the superposition optics are arranged such that they together have a cuboid shape.
Brukilacchio teaches a 3-color light projection source with a beam combiner that has a cuboid shape ([0058] and Figs. 1, 2, 5, and 6: x cube 30 that combines beams).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the superposition optics in the system taught by Bridges and Su, such that they are arranged to form a cuboid shape, as taught by Brukilacchio. This is simply a variation of superposition optics that are designed to combine light from three light sources, where both Bridges and Brukilacchio disclose the use of red, green, and blue, light sources (Bridges: Fig. 4; Brukilacchio: [0075]). Brukilacchio also teaches a variation of superposition optics designed similarly to the superposition optics disclosed by Bridges (Brukilacchio: Fig. 14). This modification would be motivated by design incentives or other market forces and the variations are predictable to one ordinarily skilled in the art, since both variations are taught by Brukilacchio. See MPEP 2141.III KSR Rationale F.
Claims 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Bridges (US 20150043009 A1) in view of Su (US 20200182848 A1), further in view of Brukilacchio (US 20070206390 A1), further in view of Chen (US 20230048279 A1).
Regarding Claim 6: Bridges, in view of Su and Brukilacchio, teaches the apparatus in accordance with claim 5. In this combination, Brukilacchio further teaches that one light source each is arranged at one of three adjacent side surfaces of the superposition optics (Figs. 1 and 2).
They do not teach a sectionally flexible base element at which the first light source, the second light source, and the third light source are arranged, wherein the base element is arranged around the super position optics.
Chen teaches an imaging system that has a sectionally flexible base element arranged around a cube shaped superposition optics (Figs. 9 and 10, with carrier 30, which is flexible/adjustable and can be bent at a right angle, supporting the transmitter 11 and the detectors 12 and 13 around the optical element 20; [0061]).
It would have been obvious to a person having ordinary skill in the art of lidar technologies before the effective filing date to modify the apparatus taught by Bridges, Su, and Brukilacchio, such that the flexible base, taught by Chen, is used to support the light transmitters and arrange them around the superposition optics such that each source is arranged at one of the three adjacent surfaces. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F). Chen teaches that the detectors are supported around a cube shaped optical element that directs a single incoming beam to two detectors. This would prompt a variation of its use, where the flexible base is used to support transmitters around a cube shaped optical element that combines three separate beams into one outgoing beam.
Regarding Claim 7: Bridges, in view of Su, Brukilacchio, and Chen, teaches the apparatus in accordance with claim 6. In this combination, Brukilacchio teaches that the first light source and the second light source and the third light source are [fastened] at a predefined distance from the three adjacent side surfaces of the superposition optics (Fig. 6, the LED sources are at a set distance from the superposition optics).
In this combination, which includes the flexible base element taught by Chen, Chen further teaches that the base element has positioning elements to fasten the light sources to the base and to hold them at a predefined distance from the surface of the superposition optics (Figs. 9 and 10, connection elements 15a and 15b are used to fix the detectors and transmitter to the flexible base and hold them in place as the base is wrapped around the optical element).
Regarding Claim 8: Bridges, in view of Su, Brukilacchio, and Chen, teaches the apparatus in accordance with claim 7. This combination does not expressly teach the base element further has a fourth positioning element, and wherein the first positioning element, the second positioning element, the third positioning element, and the fourth positioning element fasten the superposition optics to four adjacent side surfaces.
However, Brukilacchio further teaches that the superposition optics, where each of the four adjacent sides has an element fastened to it (Fig. 6, there are three light sources attached to the three adjacent sides of the x cube 30, and on the fourth side, there is an aperture 28 attached to the x-cube 30, and held at a particular distance to the cube).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the apparatus taught by Bridges, Su, Brukilacchio, and Chen, such that there is an aperture attached to the fourth side as further taught by Brukilacchio. This modification could be made using the flexible base includes elements to fix the aperture to a particular position in relation to the cube shaped optical element. Making this modification would come from the teachings in the Chen reference. Chen teaches that the flexible base has an encapsulant that covers the optical elements and fixes a lens to a particular position in relation to the cube shaped optical element (Fig. 9, encapsulant 16a, is attached to the base and also contains lens 22 that is held at a particular position in relation to the optical element 20). Positioning additional optical elements using a positioning element (like the encapsulant taught by Chen) would be applying this known technique to improve the known apparatus to yield predictable results (MPEP 2141.III KSR Rationale D).
Regarding Claim 9: Bridges, in view of Su, Brukilacchio, and Chen, teaches the apparatus in accordance with claim 8. In this combination, Brukilacchio further teaches that the fourth positioning element has an aperture that is configured to spatially limit the light superimposed by the superposition optics (Fig. 6, aperture 28).
Regarding Claim 10: Bridges, in view of Su, Brukilacchio, and Chen, teaches the apparatus in accordance with claim 9. In this combination Chen further teaches that the fourth positioning element (Fig. 9, encapsulant 16a) fastens the aperture at a predefined distance from the fourth side surface (Fig. 9, encapsulant 16a is able to fix the lens 22 at a predefined distance from the side of the cube shaped optical element; [0068] the encapsulant can position the lens 22).
In the apparatus of claim 9, instead of light being directed through a lens, light is directed through an aperture, as taught by Brukilacchio. The encapsulant taught by Chen, is configured to hold the lens, where the lens directs light. Therefore, it would also be able to hold an aperture that is also configured to direct light.
Regarding Claim 11: Bridges, in view of Su, Brukilacchio, and Chen, teaches the apparatus in accordance with claim 7. This combination does not expressly teach wherein the first positioning element, the second positioning element, and the third positioning element each comprise an upper and lower holding element that are configured to fasten the superposition optics to an upper surface and a lower surface.
Brukilacchio teaches that the cube shaped optical element is enclosed on all sides (Fig. 6). Brukilacchio also teaches that there is an element that directs light from the laser diode to the x-cube (Figs. 2 and 5; [0019] and [0058], CPC 20) where this compound parabolic concentrator, or CPC, is attached to the cube (Figs. 3 and 4). There is a heat spreader that sandwiches the optics both from above and below (Fig. 6 and [0063] heat spreader 76 sandwiches the optical elements in the same plane as the CPC optics 20. The x cube 30 is in the same plane as the CPC optics 20, and is therefore also sandwiched by the heat spreaders). Because the heat spreader is made up of materials of high thermal conductivity, such as aluminum, diamond, copper etc ([0063]), which would be solid at the working temperatures of this lidar system, they would also hold the optical elements in their desired position.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to further modify the apparatus taught by Bridges, Su, Brukilacchio, and Chen, such that there is a heat spreader, as further taught by Brukilacchio, that sandwiches the optical elements, holding them in place and is also attached to a heat sink. Using this heat spreader and heat sink would be beneficial because it would cool the system (Brukilacchio [0063]).
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 ISABELLE LIN BOEGHOLM whose telephone number is (571)270-0570. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Fridays 8am-12pm.
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/ISABELLE LIN BOEGHOLM/ Examiner, Art Unit 3645
/YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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