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 Amendment filed April 30th, 2026 has been entered. Claims 1-6 remain pending in the application. Applicant's amendments to the Claims has overcome each and every objection previously set forth in the Non-Final office Action mailed February 24th, 2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bryce et al. (United States Patent Application Publication 20060011840A1), hereinafter Bryce.
Regarding claim 1, Bryce teaches a lidar device that radiates a first laser beam having a wavelength included in an absorption wavelength band of an observation target gas and a second laser beam having a lower absorption rate by the gas than that of the first laser beam to a space where the gas is present ([0038] The transmitter 4 comprises a first laser 6 and a second laser 8. The first and second lasers are distributed feedback (DFB) semiconductor lasers that operate within a user selectable wavelength range of 1500 nm to 1600 nm and have a linewidth of 20 KHz; [0052] The first AOM 94 shifts the laser frequency v to a higher frequency (v+v+), whilst the second AOM 98 shifts the frequency downwards (v+v−). If the frequency shift is comparable to the width of an absorption, these opposing shifts provide the required wavelength separation. The laser can thus be tuned to have one wavelength sitting at an absorption maxima, whilst the other sits at a minima; [0058] The devices described with reference to FIGS. 1 to 3 employ lasers that output radiation in the 1500 nm to 1600 nm range, but it should be noted that the invention could be implemented using radiation of any wavelength) the lidar device comprising:
a light source to output a laser beam ([0038] The transmitter 4 comprises a first laser 6);
a frequency outputter to output a first frequency or a second frequency different from the first frequency ([0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8.);
a reference light outputter to output the laser beam output from the light source as reference light ([0039] The beam-combiner 26 also directs a reference combined beam (which is typically of an equal or lower intensity than the main combined beam) to a laser wavelength monitor 30 to permit the wavelengths of the transmitted beam to be ameasured.);
an optical transmitter to generate the first laser beam by modulating an optical frequency of the laser beam output from the light source by the first frequency, generate the second laser beam by modulating the optical frequency of the laser beam output from the light source by the second frequency, and radiate each of the first laser beam and the second laser beam to the space; ([0039] The first acousto-optic modulator (AOM) 34 imparts a frequency shift of around 80 MHz to the main combined beam to enable subsequent heterodyne detection as described below. The main combined beam is then directed to a remote target (not shown) via optical fibre 36 and transmit optics 38; [0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8.);
an optical receiver to receive, as scattered light, the first laser beam radiated by the optical transmitter and then scattered by a scatterer floating in the space or the second laser beam radiated by the optical transmitter and then scattered by the scatterer, and detect interference light between the scattered light and the reference light ([0047] The separate AOMs 70 and 72 impart different frequency shifts (e.g. v1 and v2) to each laser beam. A small proportion of the main combined beam is also extracted from the optical fibre 36 and fed into optical fibre 42 via the second acousto-optic modulator 62 which imparts an additional frequency shift of vc. The beams are combined using beam combiners 78 and 80 and then mixed with the local oscillator beams at the detector 54 producing four signals; two signals from the returned beams at a frequency of v1 and v2 and two normalisation signals at v1+vc and v2+vc.), and
wherein the first laser beam has a first wavelength within an absorption wavelength band of the gas and the second laser beam has a second wavelength out of the absorption wavelength band of the gas ([0058] The devices described with reference to FIGS. 1 to 3 employ lasers that output radiation in the 1500 nm to 1600 nm range, but it should be noted that the invention could be implemented using radiation of any wavelength), and
a density calculator to analyze an optical frequency of interference light detected by the optical receiver and calculates density of the gas from a results of analysis of the optical frequency using an intensity of reception spectra for each distance ([0066] As described above, differential absorption involves the measurement of the ratio of absorption between two different wavelengths; one usually placed near the minimum absorption, one placed near the maximum. Beer's law is used to determine difference in absorption coefficients (α) per unit concentration for given return beam intensity (T)),
wherein the frequency outputter outputs the first frequency in a first period, and outputs the second frequency in a second period different from the first period ([0068] Referring to FIG. 5, data was acquired using the system described above over 2 second periods, with 1000 data points in each set; [0069] FIG. 5(a) shows the fluctuating intensity on the two channels for a typical sub-section of data over 0.2 seconds with a difference in wavelength of 0.35 nm. FIG. 5(b) shows data for a wavelength difference of 70 nm.).
Regarding claim 2, Bryce teaches a lidar device that radiates a first laser beam having a wavelength included in an absorption wavelength band of an observation target gas and a second laser beam having a lower absorption rate by the gas than that of the first laser beam to a space where the gas is present, the lidar device comprising:
a light source to output a laser beam ([0038] The transmitter 4 comprises a first laser 6);
a frequency outputter to output a first frequency or a second frequency different from the first frequency ([0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8.);
a reference light outputter to output the laser beam output from the light source as reference light ([0039] The beam-combiner 26 also directs a reference combined beam (which is typically of an equal or lower intensity than the main combined beam) to a laser wavelength monitor 30 to permit the wavelengths of the transmitted beam to be ameasured.);
an optical transmitter to generate the first laser beam by modulating an optical frequency of the laser beam output from the light source by the first frequency, generate the second laser beam by modulating the optical frequency of the laser beam output from the light source by the second frequency, and radiate each of the first laser beam and the second laser beam to the space ([0039] The first acousto-optic modulator (AOM) 34 imparts a frequency shift of around 80 MHz to the main combined beam to enable subsequent heterodyne detection as described below. The main combined beam is then directed to a remote target (not shown) via optical fibre 36 and transmit optics 38; [0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8.);
an optical receiver to receive, as scattered light, the first laser beam radiated by the optical transmitter and then scattered by a scatterer floating in the space or the second laser beam radiated by the optical transmitter and then scattered by the scatterer, and detect interference light between the scattered light and the reference light, and wherein the first laser beam has a first wavelength within an absorption wavelength band of the gas and the second laser beam has a second wavelength out of the absorption wavelength band of the gas ([0047] The separate AOMs 70 and 72 impart different frequency shifts (e.g. v1 and v2) to each laser beam. A small proportion of the main combined beam is also extracted from the optical fibre 36 and fed into optical fibre 42 via the second acousto-optic modulator 62 which imparts an additional frequency shift of vc. The beams are combined using beam combiners 78 and 80 and then mixed with the local oscillator beams at the detector 54 producing four signals; two signals from the returned beams at a frequency of v1 and v2 and two normalisation signals at v1+vc and v2+vc.), and
a density calculator to analyzes an optical frequency of interference light detected by the optical receiver and calculates density of the gas from a results of analysis of the optical frequency using an intensity of reception spectra for each distance ([0066] As described above, differential absorption involves the measurement of the ratio of absorption between two different wavelengths; one usually placed near the minimum absorption, one placed near the maximum. Beer's law is used to determine difference in absorption coefficients (α) per unit concentration for given return beam intensity (T)),
wherein the frequency outputter includes: a first frequency oscillator to oscillate the first frequency; a second frequency oscillator ([0040] The local oscillator beams (LO1 and LO2) provided by the first and second beam- splitters 10 and 14 are also fed to the respective beam- combiners 50 and 52); and
a frequency mixer to generate the second frequency by adding the first frequency and a frequency that is oscillated by the second frequency oscillator ([0042] Heterodyne mixing of a frequency shifted beam and its associated local oscillator beam will produce a signal at a frequency that corresponds to the difference in frequency of the two beams.).
Regarding claim 3, Bryce teaches the lidar device according to claim 2, wherein
the optical receiver when having received the first laser beam scattered by the scatterer, detects interference light between the received first laser beam and the reference light and outputs the interference light to the density calculator ([0047] The separate AOMs 70 and 72 impart different frequency shifts (e.g. v1 and v2) to each laser beam. A small proportion of the main combined beam is also extracted from the optical fibre 36 and fed into optical fibre 42 via the second acousto-optic modulator 62 which imparts an additional frequency shift of vc. The beams are combined using beam combiners 78 and 80 and then mixed with the local oscillator beams at the detector 54 producing four signals; two signals from the returned beams at a frequency of v1 and v2 and two normalisation signals at v1+vc and v2+vc.), and
when having received the second laser beam scattered by the scatterer, detects interference light between the received second laser beam and the reference light, down-converts an optical frequency of the interference light between the received second laser beam and the reference light using the frequency oscillated by the second frequency oscillator, and outputs the down-converted interference light to the density calculator ([0053] The third AOM 62 can be chosen to induce either an up-shift or a down shift in frequency (vc). As described above, filtering the peaks around |v+|, |v−|, |v++vc|, and |v−+vc| will provide the differential absorption and the drift normalisation information for the two channels.).
Regarding claim 6, Bryce teaches the lidar device according to claim 1 wherein
the optical receiver detects interference light between the first laser beam scattered by the scatterer and the reference light, and outputs the interference light between the first laser beam scattered by the scatterer and the reference light to the density calculator ([0047] The separate AOMs 70 and 72 impart different frequency shifts (e.g. v1 and v2) to each laser beam. A small proportion of the main combined beam is also extracted from the optical fibre 36 and fed into optical fibre 42 via the second acousto-optic modulator 62 which imparts an additional frequency shift of vc. The beams are combined using beam combiners 78 and 80 and then mixed with the local oscillator beams at the detector 54 producing four signals; two signals from the returned beams at a frequency of v1 and v2 and two normalisation signals at v1+vc and v2+vc.; [0066] As described above, differential absorption involves the measurement of the ratio of absorption between two different wavelengths; one usually placed near the minimum absorption, one placed near the maximum. Beer's law is used to determine difference in absorption coefficients (α) per unit concentration for given return beam intensity (T)), and
detects interference light between the second laser beam scattered by the scatterer and the reference light, down-converts an optical frequency of the interference light between the second laser beam scattered by the scatterer and the reference light using a fourth frequency different from each of the first frequency and the second frequency, and outputs the down-converted interference light to the density calculator ([0053] The third AOM 62 can be chosen to induce either an up-shift or a down shift in frequency (vc). As described above, filtering the peaks around |v+|, |v−|, |v++vc|, and |v−+vc| will provide the differential absorption and the drift normalisation information for the two channels.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Bryce in view of Ando et al. (United States Patent Application Publication 20160291135 A1), hereinafter Ando.
Regarding claim 4, Bryce teaches the lidar device according to claim 2,
Bryce fails to teach the device wherein the reference light outputter, when the first frequency is output from the frequency outputter to the optical transmitter, outputs a laser beam output from the light source to the optical receiver as a reference, when the second frequency is output from the frequency outputter to the optical transmitter, without outputting a laser beam output from the light source as a reference light, modulates the optical frequency of the laser beam output from the light source by a frequency oscillated by the second frequency oscillator, and outputs the laser beam modulated by a frequency oscillated by the second frequency oscillator as a reference light to the optical receiver.
However, Ando teaches the reference light outputter, when the first frequency is output from the frequency outputter to the optical transmitter, outputs a laser beam output from the light source to the optical receiver as a reference, when the second frequency is output from the frequency outputter to the optical transmitter, without outputting a laser beam output from the light source as a reference light, modulates the optical frequency of the laser beam output from the light source by a frequency oscillated by the second frequency oscillator, and outputs the laser beam modulated by a frequency oscillated by the second frequency oscillator as a reference light to the optical receiver ([0070] the reference light source 11 generates a light which is a continuously oscillating and fixedly polarized light having a single wavelength, and the optical path branching coupler 12 branches that light into two lights while keeping its polarization state. The optical path branching coupler transmits, as a local oscillating light, one of the two lights to the optical heterodyne receiver 5, and transmits, as a seed light for transmission, the other light to the optical frequency and intensity modulator 13.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Bryce to comprise the oscillating and modulated beams similar to Ando, with a reasonable expectation of success. This would have the predictable result of incorporating a self-reference calibration method that would achieve a desirable frequency for a specific gas.
Regarding claim 5, Bryce teaches a lidar device that radiates a first laser beam having a wavelength included in an absorption wavelength band of an observation target gas and a second laser beam having a lower absorption rate by the gas than that of the first laser beam to a space where the gas is present, the lidar device comprising:
a light source to output a laser beam ([0038] The transmitter 4 comprises a first laser 6);
a frequency outputter to output a first frequency or a second frequency different from the first frequency ([0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8.);
a reference light outputter to output the laser beam output from the light source as reference light ([0039] The beam-combiner 26 also directs a reference combined beam (which is typically of an equal or lower intensity than the main combined beam) to a laser wavelength monitor 30 to permit the wavelengths of the transmitted beam to be ameasured.);
an optical transmitter to generate the first laser beam by modulating an optical frequency of the laser beam output from the light source by the first frequency, generate the second laser beam by modulating the optical frequency of the laser beam output from the light source by the second frequency, and radiate each of the first laser beam and the second laser beam to the space ([0039] The first acousto-optic modulator (AOM) 34 imparts a frequency shift of around 80 MHz to the main combined beam to enable subsequent heterodyne detection as described below. The main combined beam is then directed to a remote target (not shown) via optical fibre 36 and transmit optics 38; [0046] From FIG. 2, it can be seen how a pair of acousto-optic modulators 70 and 72 (with associated optical isolators 74 and 76) could be used to provide different frequency shifts to the outputs of the first and second lasers 6 and 8);
an optical receiver to receive, as scattered light, the first laser beam radiated by the optical transmitter and then scattered by a scatterer floating in the space or the second laser beam radiated by the optical transmitter and then scattered by the scatterer, and detect interference light between the scattered light and the reference light, ([0047] The separate AOMs 70 and 72 impart different frequency shifts (e.g. v1 and v2) to each laser beam. A small proportion of the main combined beam is also extracted from the optical fibre 36 and fed into optical fibre 42 via the second acousto-optic modulator 62 which imparts an additional frequency shift of vc. The beams are combined using beam combiners 78 and 80 and then mixed with the local oscillator beams at the detector 54 producing four signals; two signals from the returned beams at a frequency of v1 and v2 and two normalisation signals at v1+vc and v2+vc.), and
a density calculator to analyze an optical frequency of interference light detected by the optical receiver and calculates density of the gas from a results of analysis of the optical frequency using an intensity of reception spectra for each distance ([0066] As described above, differential absorption involves the measurement of the ratio of absorption between two different wavelengths; one usually placed near the minimum absorption, one placed near the maximum. Beer's law is used to determine difference in absorption coefficients (α) per unit concentration for given return beam intensity (T)),
wherein the first laser beam has a first wavelength within an absorption wavelength band of the gas and the second laser beam has a second wavelength out of the absorption wavelength band of the gas ([0058] The devices described with reference to FIGS. 1 to 3 employ lasers that output radiation in the 1500 nm to 1600 nm range, but it should be noted that the invention could be implemented using radiation of any wavelength. A skilled person would recognise that the wavelength of the laser source would simply be selected to match an absorption maxima of the gas species of interest.), and
wherein the frequency outputter includes: a first frequency oscillator to oscillate the first frequency; a second frequency oscillator to intermittently oscillate the second frequency and intermittently output the second frequency to the optical transmitter ([0040] The local oscillator beams (LO1 and LO2) provided by the first and second beam- splitters 10 and 14 are also fed to the respective beam- combiners 50 and 52, and the resulting mixed beams are directed to detectors 54 and 56. The polarisation of each local oscillator beam (LO1 and LO2) is adjustable using fibre polarisation controllers 58 and 60 to ensure maximum heterodyne mixing efficiency is obtained at the respective detectors.); and
a frequency mixer to output the first frequency oscillated by the first frequency oscillator to the reference light outputter when the second frequency is not output from the second frequency oscillator, and outputs a frequency of a sum of the first frequency and the second frequency to the reference light outputter when the second frequency is output from the second frequency oscillator ([0042] Heterodyne mixing of a frequency shifted beam and its associated local oscillator beam will produce a signal at a frequency that corresponds to the difference in frequency of the two beams; [0044] Therefore, the detectors 54 and 56 will also each output an additional heterodyne signal (i.e. a signal centred at a frequency equal to the frequency shift applied by the first AOM 34 plus the frequency shift applied by the second AOM 62).),
the reference light outputter, when the first frequency is output from the frequency mixer, modulates the optical frequency of the laser beam output from the light source by the first frequency, and outputs the laser beam modulated by the first frequency to the optical receiver as reference light, and when the frequency of the sum is output from the frequency mixer, modulates the optical frequency of the laser beam output from the light source by the frequency of the sum, and outputs the laser beam modulated by the frequency of the sum to the optical receiver as reference light.
Bryce fails to teach the device wherein the optical transmitter, when the second frequency is not output from the second frequency oscillator, uses a laser beam output from the light source as the first laser beam without modulating the optical frequency of the laser beam output from the light source by the first frequency, and when the second frequency is output from the second frequency oscillator, generates the second laser beam by modulating the optical frequency of the laser beam output from the light source by the second frequency
However, Ando teaches the device wherein the optical transmitter, when the second frequency is not output from the second frequency oscillator, uses a laser beam output from the light source as the first laser beam without modulating the optical frequency of the laser beam output from the light source by the first frequency, and when the second frequency is output from the second frequency oscillator, generates the second laser beam by modulating the optical frequency of the laser beam output from the light source by the second frequency ([0070] In the operation of the laser radar device, as shown in FIGS. 1 and 2, first, the reference light source 11 generates a light which is a continuously oscillating and fixedly polarized light having a single wavelength, and the optical path branching coupler 12 branches that light into two lights while keeping its polarization state. The optical path branching coupler transmits, as a local oscillating light, one of the two lights to the optical heterodyne receiver 5, and transmits, as a seed light for transmission, the other light to the optical frequency and intensity modulator 13. [0071] The optical frequency and intensity modulator 13 then provides an offset frequency fofs for the light from the optical path branching coupler 12, and performs pulse modulation, in which on and off time intervals are repeated periodically, on the light, to output this light as a transmission light.)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Bryce to comprise the sequential frequency modulation similar to Ando, with a reasonable expectation of success. This would have the predictable result of using a seed transmission to perform a test measurement to better modulate a sequential signal for the environment.
Response to Arguments
Applicant's arguments filed April 30th, 2026 have been fully considered but they are not persuasive.
Applicant argues that the prior art of record of Bryce fails to teach the claim limitation of “a density calculator to analyze an optical frequency of interference light detected by the optical receiver and calculates density of the gas from a results of analysis of the optical frequency using an intensity of reception spectra for each distance”. Respectfully, the examiner disagrees. Within the context of the claims the limitation points to a part of the overall device that uses intensity and optically received frequency to determine the density of a gas being analyzed. The claims are examined under the broadest reasonable interpretation to one of ordinary skill in the art and have been done so here. Under that scope, the prior art of Bryce teaches a part of the overall system that uses a calculation based on the intensity of returned light at different distances as well as frequencies and wavelengths of the returned signal to analyze the density of gas. As such the argument that the prior art fails to teach the disclosed claim limitation is found to not be persuasive and the rejection is maintained in this Final Office Action.
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 ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 8:00-5:00 PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HELAL ALGAHAIM can be reached at (571)270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT W VASQUEZ/Examiner, Art Unit 3645
/HELAL A ALGAHAIM/SPE , Art Unit 3645
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