Prosecution Insights
Last updated: October 02, 2026
Application No. 18/246,146

OPTICAL MEASURING DEVICE FOR SPATIALLY RESOLVED DISTANCE DETERMINATION

Non-Final OA §112
Filed
Mar 21, 2023
Priority
Sep 21, 2020 — DE 10 2020 211 784.5 +1 more
Examiner
QI, ZHENGQING J
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
81 granted / 119 resolved
+16.1% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
35 currently pending
Career history
140
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
50.1%
+10.1% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 119 resolved cases

Office Action

§112
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 . Election/Restrictions Applicant’s election without traverse of Group I (claims 1-12) in the reply filed on 14 July 2026 is acknowledged. Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 14 July 2026. Priority The following claimed benefit is acknowledged: The instant application, filed on 03/21/2023, claims foreign priority to DE Application No. 102020211784.5, filed on 09/21/2020. Information Disclosure Statement The Information Disclosure Statements (lDS) submitted on 03/21/2023 and 04/30/2025 are in compliance with the provisions of 37 CFR 1.97 and have been considered. Claim Objections Claims 1-12 are objected to because of the following informalities: In claim 1, line 5, “a micromirror pivotable about at least one axis configured for the deflection” should perhaps read --a micromirror pivotable about at least one axis for the deflection--. In claim 1, line 14, “the detection light propagate coaxially” should perhaps read --the portion of the detection light propagate coaxially--. In claim 1, lines 18-19, “a dome-shaped window passed through by the second section of the optical axis and transmitting the scanning light” should perhaps read --a dome-shaped window through which the second section of the optical axis passes and which transmits the scanning light--. In claim 1, lines 19-20, “the detection light” should perhaps read --the portion of the detection light--. In claim 1, line 23, “substrate , configured to reflect a portion” should perhaps read --substrate, the first surface configured to reflect a portion--. In claim 1, line 26, “substrate, , configured to reflect a portion” should perhaps read --substrate, the second surface configured to reflect the portion--. In claim 7, lines 2-3, “simultaneously resonantly periodically pivot” should perhaps read --pivot simultaneously and periodically--. Claims 2-12 are objected to by virtue of dependency. 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 1-12 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. Claim 1, line 4 recites “a scanning unit on a micro-electromechanical system (MEMS) base comprising…” It is unclear whether “comprising” refers to the scanning unit or to a physical MEMS base and, consequently, which structure comprises the subsequently recited micromirror, drive, photodetector, and prism unit. Applicant may overcome the indefiniteness by amending “a scanning unit on a micro-electromechanical system (MEMS) base comprising” to recite --a micro-electromechanical system (MEMS)-based scanning unit comprising-- in accordance with Spec. p. 1, l. 9; p. 2, ll. 4-7; p. 11, ll. 18-22. Claim 1, line 8 recites “the deflection light” however the limitation lacks antecedent basis. It is unclear whether deflection light refers to the previously recited detection light, a scanning light after deflection, or another light signal. Applicant may overcome the indefiniteness by amending “the deflection light” to recite --the portion of the detection light-- in accordance with Spec. p. 2, ll. 8-10; p. 11, ll.23-25; p. 14, ll.23-28. Claim 1, lines 32-35, recites “wherein the second section of the optical axis includes an angle of incidence with at least one of a surface of the common planar substrate or with a surface of the micromirror in a neutral position that is greater than 0 degrees and smaller than 90 degrees.” It is unclear whether the angular range must be satisfied relative to the substrate surface, the micromirror surface, or either or both surfaces. Applicant may overcome the indefiniteness by amending the limitation to recite --wherein the second section of the optical axis forms an angle of incidence greater than 0 degrees and smaller than 90 degrees with one or both of (i) a surface of the common planar substrate and (ii) a surface of the micromirror when the micromirror is in a neutral position--, in accordance with Spec. p. 3, ll. 6-9; p. 7, ll. 1-11; p. 12, ll. 28-33; p. 13, ll. 1-15. Claim 1, line 29-31, recites “a third surface , configured to at least one of transmit or deflect the scanning light … and to transmit and/or deflect the portion of the detection light” does not clearly define the required functions of the third surface. The limitation combines the expression “at least one of transmit or deflect” with the subsequent expression “and to transmit and/or deflect,” without clearly delimiting the alternatives governed by “at least one of.” It is unclear whether the third surface must: (i) perform at least one of transmitting or deflecting the scanning light and also perform at least one of transmitting or deflecting the detection light; or, (ii) perform only one function selected from all the recited scanning light and detection light functions. Under the first interpretation, the third surface must act on both the scanning light and the detection light. Under the second interpretation, “at least one of” applies to the compound functional recitation as a whole, and acting on only one of the lights satisfies the limitation. Accordingly, it is unclear as to the required functionality of the third surface. Applicant may overcome the indefiniteness by amending the limitation to recite --a third surface configured to direct, by transmission, deflection, or both, the scanning light … and to direct, by transmission, deflection, or both, the portion of the detection light--. Claim 3 recites “the portion of the deflection light” however the limitation lacks sufficient antecedent basis. Applicant may overcome the indefiniteness by amending “the portion of the deflection light” to recite --the portion of the detection light-- in accordance with Spec. p. 6, ll. 3-11; p. 14, ll. 29-33. Allowable Subject Matter Claims 1-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: Zhao (US 20210223370 A1), in regard to claim 1, discloses an optical measuring device for spatially resolved distance measurement (Fig. 8), comprising: a laser light source (Fig. 8, laser 812; ¶ 40) configured to emit a scanning light (Fig. 8, laser 812; ¶¶ 40-41); and a scanning unit on a micro-electromechanical system (MEMS) base (Fig. 8, micromirror 811, detector 816, packaging shell 820, packaging component, and the drive mapped below; ¶¶ 28-29, 40, 42, 46) comprising: a micromirror (Fig. 8, micromirror 811; ¶¶ 40, 46) pivotable about at least one axis configured for the deflection of the scanning light (¶¶ 34, 40) emitted by the laser light source (Fig. 8, laser 812; ¶ 41) into an object space (¶¶ 27, 41, the beam reaches a target object); a drive (Fig. 8, processor and external drive electrode 815; ¶¶ 29, 30, 40) for pivoting the micromirror (¶¶ 29, 30, the processor controls rotation through the drive electrode) about the at least one axis (¶¶ 30, 34, 40); a photodetector (Fig. 8, detector 816; ¶ 42), configured to detect a portion of detection light (Fig. 8, detector 816; ¶¶ 41-42), wherein the portion of the detection light (¶ 41, echo beam portion) is incident coaxially to the scanning light (¶ 41, the echo expressly returns along the same propagation path), deflected by the micromirror (Fig. 8, micromirror 811; ¶ 46), and reflected at the micromirror (Fig. 8, micromirror 811; ¶¶ 41, 46); and [1: ...], configured to apply scanning light emitted by the laser light source to the micromirror (¶¶ 32, 40, 46) so that the scanning light is reflected into the object space at the micromirror (¶¶ 34, 40-41) and to apply the portion of the detection light reflected at the micromirror to the photodetector (Fig. 8, micromirror 811, lens 834, probe light lens 835, and detector 816; ¶¶ 41-42, 46) so that the scanning light and the detection light propagate coaxially (¶ 41, express same propagation path) along a first section of an optical axis (Fig. 8, common optical segment between lens 834 and reflector 832; ¶ 41) [2: ...] and along a second section of the optical axis (Fig. 8, common optical segment from reflector 832 through window 821 to micromirror 811; ¶¶ 41, 46) [3: ...]; wherein the laser light source (Fig. 8, laser 812; ¶ 40), the photodetector (Fig. 8, detector 816; ¶ 42), and the scanning unit (Fig. 8, micromirror 811, packaging shell 820, packaging component, and detector 816; ¶¶ 32, 40, 42, 46) are arranged on a common planar substrate (Fig. 8, scanning micromirror chip; ¶¶ 28, 40, 42), wherein the scanning unit comprises [4: ...] a window (Fig. 8, window 821; ¶ 46) passed through by the second section of the optical axis (Fig. 8, window 821 on the segment between reflector 832 and micromirror 811; ¶ 46) and transmitting the scanning light (¶ 46, outgoing beam passes through the window) and the detection light (¶ 46, echo beam passes through the same window), wherein [5: ...], and wherein [6: ...]: a first surface (Fig. 8, reflective surface of second mirror 433 as further detailed in Fig. 6; ¶¶ 37, 40) [7: ...] and angled with respect to the common planar substrate (Fig. 6, reflective surface of second mirror 433 at 45 degrees to the upper chip surface; ¶ 37), configured to reflect a portion of the scanning light (Fig. 6, second mirror 433; ¶ 37) for coupling into a first optical path section (Fig. 8, second mirror 433 as further detailed in Fig. 6; ¶¶ 37, 40-41) extending along the first section of the optical axis (Fig. 8, common optical segment between lens 834 and reflector 832; ¶ 41); a second surface (Fig. 8, semi reflective and semi transmissive lens 834; ¶ 41) arranged above the photodetector (Fig. 8, lens 834 above detector 816) and angled with respect to the common planar substrate (Fig. 8, lens 834 and the scanning micromirror chip), configured to reflect a portion of the detection light from the first optical path section to the photodetector (Fig. 8, lens 834, probe light lens 835, and detector 816; ¶¶ 41-42) and to transmit a portion of the scanning light reflected at the first surface (Fig. 8, lens 834, using second mirror 433 as further detailed in Fig. 6; ¶¶ 37, 40-41); and a third surface (Fig. 8, reflective surface of reflector 832, corresponding to first reflector 432; ¶¶ 33, 40), configured to at least one of transmit or deflect the scanning light (Fig. 8, reflector 832; ¶¶ 33, 40) from the first optical path section (Fig. 8, segment between lens 834 and reflector 832; ¶ 41) into a second optical path section (Fig. 8, segment from reflector 832 through window 821 to micromirror 811; ¶ 46) extending along the second section of the optical axis (Fig. 8, common segment between reflector 832 and micromirror 811; ¶¶ 41, 46) and to transmit and/or deflect the portion of the detection light (Fig. 8, reflector 832; ¶ 41) reflected at the micromirror (Fig. 8, micromirror 811; ¶ 46) from the second optical path section (Fig. 8, segment from micromirror 811 through window 821 to reflector 832; ¶¶ 41, 46) into the first optical path section (Fig. 8, segment from reflector 832 toward lens 834; ¶ 41), wherein the second section of the optical axis (Fig. 8, segment between reflector 832 and micromirror 811; ¶ 46) includes an angle of incidence (Fig. 8, oblique incidence; ¶¶ 34, 40) with at least one of a surface of the common planar substrate or with a surface of the micromirror in a neutral position (Fig. 8, common planar substrate surface; ¶¶ 28, 34, 40) that is greater than 0 degrees and smaller than 90 degrees (Fig. 8, oblique incidence; ¶¶ 34, 40). However, Zhao does not disclose: (1) “a prism unit”; (2) [a first section of an optical axis] “extending within the prism unit”; (3) [a second section of the optical axis] “extending between the prism unit and the micromirror”; (4) “dome-shaped” [window]; (5) “the micromirror is encapsulated in an airtight manner between the dome-shaped window and the common planar substrate”; (6) “the prism unit comprises” [a first surface]; and, (7) [a first surface] “arranged above the laser light source.” Zhao instead discloses separate second mirror 433, lens 834, and reflector 832, rather than three surfaces of a prism unit (Figs. 6 and 8; ¶¶ 37, 40-41), while the disclosed prism of Zhao only expands the emitted beam and does not provide the claimed routing surfaces (¶¶ 34, 35). Furthermore, Zhao teaches the placement of mirror 433 beside the laser rather than above it (Fig. 6; ¶ 37) and does not teach window 821 as having a dome shape airtight encapsulation (¶¶ 46, 58-62). Eromaki (WO 2020182301 A1), in regard to claim 1, discloses an optical measuring device (Figs. 1, 2, and 5, apparatus 100; ¶¶ 31, 38, 45) for spatially resolved distance measurement (Fig. 5; ¶¶ 38, 45), comprising: a laser light source (Figs. 2 and 5, infrared diode within laser array 128; ¶¶ 32, 38, 39) configured to emit a scanning light (Fig. 5, projected infrared beam 502; ¶¶ 38, 39, 45); and a scanning unit on a micro-electromechanical system (MEMS) base (Figs. 1-3 and 5, MEMS mirror 120, driver within hardware element 106, photo detector 126, optical reflector element 130, and optical prism 112; ¶¶ 31-35, 38-39, 45) comprising: a micromirror (Figs. 2-3 and 5, MEMS mirror 120; ¶¶ 32, 35, 38-39) pivotable about at least one axis (¶¶ 32, 38, mirror 120 tilts and scans about pitch and yaw axes) configured for the deflection of the scanning light (Figs. 3 and 5, MEMS mirror 120; ¶¶ 35, 37-38) emitted by the laser light source (Fig. 2, infrared diode within laser array 128; ¶¶ 32, 38) into an object space (Fig. 5; ¶¶ 37-38, 45, mirror 120 projects and scans the light across a scenery); a drive (Fig. 1, driver within hardware element 106; ¶ 33) for pivoting the micromirror (Fig. 5, MEMS mirror 120; ¶ 38) about the at least one axis (¶¶ 32, 38, pitch and yaw axes); a photodetector (Figs. 2-3 and 5, photo detector 126; ¶¶ 32, 39) configured to detect a portion of detection light (Fig. 5, returning infrared beam 504; ¶ 39), wherein the portion of the detection light is incident coaxially to the scanning light (¶ 39, returning beam 504 travels along the reverse path of projected beam 502 through optical prism 112 to mirror 120), deflected by the micromirror (Fig. 5, MEMS mirror 120; ¶ 39), and reflected at the micromirror (Fig. 5, MEMS mirror 120; ¶ 39); and a prism unit (Figs. 2-3, optical reflector element 130; ¶¶ 34-35, 39), configured to apply scanning light emitted by the laser light source to the micromirror (Fig. 3, reflecting portions 132, 134, and 136 and MEMS mirror 120; ¶ 35) so that the scanning light is reflected into the object space at the micromirror (Figs. 3 and 5, MEMS mirror 120; ¶¶ 35, 37-38) and to apply the portion of the detection light reflected at the micromirror to the photodetector (Fig. 5, fourth reflecting portion 138 and photo detector 126; ¶ 39) so that [1: …]; wherein the laser light source (Fig. 2, infrared diode within laser array 128; ¶ 32), the photodetector (Fig. 2, photo detector 126; ¶ 32), and the scanning unit (Figs. 1-3, MEMS mirror 120, hardware element 106, photo detector 126, optical reflector element 130, and optical prism 112; ¶¶ 31-35) are arranged on a common planar substrate (Fig. 2, substrate 102; ¶¶ 32-34), wherein the scanning unit comprises a [2: …] window (Figs. 2 and 3, optical prism 112 as the closest window candidate; ¶¶ 8, 34) [3: …] and transmitting the scanning light and the detection light (¶¶ 8, 39, optical prism 112 passes light to and from mirror 120), wherein [4: …], and wherein the prism unit comprises: a first surface (Fig. 3, first reflecting portion 132; ¶ 35) [5: …], configured to reflect a portion of the scanning light (Fig. 3, first reflecting portion 132; ¶ 35, laser light is reflected toward second reflecting portion 134) for coupling into a first optical path section (Fig. 3, outbound internal segment from first reflecting portion 132 toward second reflecting portion 134; ¶ 35) extending along the first section of the optical axis (Fig. 3, outbound internal path through optical reflector element 130; ¶ 35); a second surface (Fig. 3, second reflecting portion 134; ¶ 35) [6: …], configured [7: …]; and a third surface (Fig. 3, third reflecting portion 136; ¶ 35), configured to deflect the scanning light (Fig. 3, third reflecting portion 136; ¶ 35, light is reflected onto MEMS mirror 120) from the first optical path section (Fig. 3, outbound internal path through optical reflector element 130; ¶ 35) into a second optical path section (Fig. 3, outbound segment from third reflecting portion 136 to MEMS mirror 120; ¶ 35) extending along the second section of the optical axis (Fig. 3, outbound segment toward MEMS mirror 120; ¶ 35) and [8: …], wherein [9: …]. However, Eromaki does not disclose: (1) “the scanning light and the detection light propagate coaxially along a first section of an optical axis extending within the prism unit and along a second section of the optical axis extending between the prism unit and the micromirror”; (2) “dome shaped” [window]; (3) [dome shaped window] “passed through by the second section of the optical axis”; (4) “the micromirror is encapsulated in an airtight manner between the dome shaped window and the common planar substrate”; (5) [a first surface] “arranged above the laser light source and angled with respect to the common planar substrate”; (6) [a second surface] “arranged above the photodetector and angled with respect to the common planar substrate”; (7) [a second surface] “to reflect a portion of the detection light from the first optical path section to the photodetector and to transmit a portion of the scanning light reflected at the first surface”; (8) [a third surface] “to transmit or deflect the portion of the detection light reflected at the micromirror from the second optical path section into the first optical path section”; and, (9) “the second section of the optical axis includes an angle of incidence with at least one of a surface of the common planar substrate or with a surface of the micromirror in a neutral position that is greater than 0 degrees and smaller than 90 degrees.” Eromaki instead routes outgoing light successively through first, second, and third reflecting portions 132, 134, and 136, while separate fourth reflecting portion 138 routes returning infrared beam 504 from MEMS mirror 120 to photo detector 126 (Figs. 3 and 5; ¶¶ 35, 39). Accordingly, Eromaki does not disclose a common coaxial first and second optical axis sections within optical reflector element 130 and between element 130 and mirror 120. Further, second reflecting portion 134 of Eromaki reflects outgoing light rather than transmitting it and does not disclose routing detection light to detector 126; and third reflecting portion 136 of Eromaki routes outgoing light to mirror 120 while having a another fourth reflecting portion 138 routing returning light from mirror 120. Shpunt (US 20140291496 A1), in regard to claim 1, discloses an optical measuring device (Fig. 1, optical scanning head 40 incorporating module 148 of Figs. 3A and 3B, with prism 150 further detailed in Fig. 4; ¶¶ 29, 33, 39, 42) for spatially resolved distance measurement (¶ 25), comprising: a laser light source (Figs. 3A and 3B, laser die 104; ¶¶ 34, 39) configured to emit a scanning light (Figs. 3A and 3B, transmitted beam 152 generated by laser die 104; ¶¶ 34, 39, 42); and a scanning unit on a micro-electromechanical system (MEMS) base (Fig. 1, optical scanning head 40 containing MEMS scanner 64, micromirror 46, and module 148; Figs. 3A and 3B; ¶¶ 31, 33, 39) comprising: a micromirror (Figs. 3A and 3B, micromirror 46; ¶ 39) pivotable about at least one axis (Figs. 3A and 3B, micromirror 46 rotating around hinges 47 relative to base 49; ¶ 39) configured for the deflection of the scanning light (Figs. 1, 3A, and 3B, micromirror 46; ¶¶ 31, 39) emitted by the laser light source (Figs. 3A and 3B, laser die 104; ¶¶ 34, 39) into an object space (¶¶ 25, 39, micromirror 46 scans transmitted beam over scene of interest); a drive (Fig. 1, MEMS scanner 64; ¶ 31) for pivoting the micromirror (Fig. 1, micromirror 46; ¶ 31, MEMS scanner 64 scans micromirror 46 with the desired frequency and amplitude) about the at least one axis (Figs. 3A and 3B, hinges 47; ¶ 39); a photodetector (Figs. 3A and 3B, avalanche photodiode 114; ¶¶ 34, 39) configured to detect a portion of detection light (Figs. 3A, 3B, and 4, received beam 154; ¶¶ 34, 39, 42), wherein the portion of the detection light is incident coaxially to the scanning light (Fig. 4, beams 152 and 154 passing through face 153 at the same location and along the same common optical segment; ¶¶ 40, 42, 44), deflected by the micromirror (Figs. 3A and 3B, micromirror 46; ¶ 39), and reflected at the micromirror (Figs. 1, 3A, and 3B, micromirror 46; ¶¶ 32, 39); and a prism unit (Figs. 3A, 3B, and 4, prism 150; ¶¶ 39, 42), configured to apply scanning light emitted by the laser light source to the micromirror (Figs. 3A and 4, transmitted beam 152 passing through rear face 151 and front face 153 toward micromirror 46; ¶¶ 39, 42) so that the scanning light is reflected into the object space at the micromirror (Figs. 3A and 3B, micromirror 46; ¶¶ 25, 39) and to apply the portion of the detection light reflected at the micromirror to the photodetector (Figs. 3A and 4, received beam 154 passing through front face 153 and rear face 151 toward photodiode 114; ¶¶ 34, 39, 42-43) so that the scanning light and the detection light propagate coaxially (Fig. 4, beams 152 and 154 sharing the same optical axis in opposite propagation directions; ¶¶ 40, 42, 44) along a first section of an optical axis extending within the prism unit (Fig. 4, common optical segment inside prism 150 between beamsplitter coating 158 and front face 153; ¶¶ 42-43) and along a second section of the optical axis extending between the prism unit and the micromirror (Figs. 3A and 4, common optical segment between front face 153 and micromirror 46; ¶¶ 39-40, 42, 44); wherein the laser light source (Figs. 3A and 3B, laser die 104; ¶¶ 34, 39), the photodetector (Figs. 3A and 3B, avalanche photodiode 114; ¶¶ 34, 39), [1: …] are arranged on a common planar substrate (¶¶ 34, 39, laser die 104 and photodiode 114 may be mounted on common silicon optical bench 102), wherein [2: …], wherein [3: …], and wherein the prism unit comprises: a first surface (Fig. 4, beam turning face 160 with reflective coating; ¶¶ 42-43) [4: …]; a second surface (Fig. 4, rear face 151 with beamsplitter coating 158; ¶ 43) [5: …], configured to reflect a portion of the detection light from the first optical path section to the photodetector (Fig. 4, received beam 154 redirected at coating 158 toward the receiver path; ¶¶ 42-43) and to transmit a portion of the scanning light [6: …] (Fig. 4, scanning beam 152 transmitted through coating 158 into the common internal optical segment; ¶¶ 42-43); and a third surface (Figs. 3A and 4, front face 153 with coating 162; ¶¶ 39, 42-43), configured to at least one of transmit or deflect the scanning light (Fig. 4, beam 152 exiting front face 153; ¶¶ 39, 42-43) from the first optical path section (Fig. 4, common segment between coating 158 and face 153; ¶¶ 42-43) into a second optical path section (Figs. 3A and 4, common segment between face 153 and micromirror 46; ¶¶ 39, 40, 42) extending along the second section of the optical axis (Figs. 3A and 4, segment between prism 150 and micromirror 46; ¶¶ 39, 40, 44) and to transmit or deflect the portion of the detection light (Fig. 4, received beam 154 entering face 153; ¶¶ 39, 42-43) reflected at the micromirror (Figs. 3A and 3B, micromirror 46; ¶ 39) from the second optical path section (Figs. 3A and 4, segment from micromirror 46 to face 153; ¶¶ 39, 40, 44) into the first optical path section (Fig. 4, common segment from face 153 toward coating 158; ¶¶ 42-43), wherein the second section of the optical axis (Fig. 3A, optical segment between face 153 and micromirror 46; ¶¶ 39-40) includes an angle of incidence (Fig. 3A, oblique incidence at micromirror 46) with at least one of a surface of the common planar substrate or with a surface of the micromirror in a neutral position that is greater than 0 degrees and smaller than 90 degrees (Fig. 3A, micromirror 46 in depicted nominal position; ¶ 39). However, Shpunt does not disclose: (1) [the laser light source and photodetector] “and the scanning unit” [being arranged on the common planar substrate]; (2) “the scanning unit comprises a dome shaped window passed through by the second section of the optical axis and transmitting the scanning light and the detection light”; (3) “the micromirror is encapsulated in an airtight manner between the dome shaped window and the common planar substrate”; (4) [the first surface being] “arranged above the laser light source and angled with respect to the common planar substrate, configured to reflect a portion of the scanning light for coupling into a first optical path section extending along the first section of the optical axis”; (5) [the second surface being] “arranged above the photodetector and angled with respect to the common planar substrate”; and, (6) [the scanning light transmitted by the second surface having been] “reflected at the first surface.” Shpunt instead mounts only laser die 104 and photodiode 114 on silicon optical bench 102 (¶¶ 34, 39), while micromirror 46 is mounted to separate base 49 and operated by MEMS scanner 64 (¶¶ 31, 39). Shpunt does not disclose a dome shaped window, an airtight mirror enclosure, or placement of micromirror 46 between such a window and silicon optical bench 102. Furthermore, prism 150 of Shpunt transmits scanning beam 152 through rear face 151 and front face 153 (¶¶ 39, 42-43), while reflective face 160 reflects received beam 154, rather than scanning beam 152 (¶¶ 42-43). Accordingly, face 160 of Shpunt does not teach the claimed first surface function. Further, although rear face 151 with coating 158 of Shpunt teaches part of the claimed second surface function, scanning beam 152 of Shpunt reaches coating 158 directly from laser die 104 rather than having been previously reflected by the first prism surface as claimed. Lee (US 20180231642 A1) discloses a laser ranging device employing a transmitter, receiver, prism, and rotatable MEMS mirror that steers outgoing light and receives return light (Figs. 3 and 6; ¶¶ 60-61, 77-79, 106). However, Lee does not teach the claimed relationship between the coaxial optical axis sections and the three prism surfaces, instead using one surface to reflect outgoing light and transmit return light, another to reflect return light, a penetration surface to transmit it, and an absorbing surface for outgoing leakage (Fig. 6; ¶¶ 78-81). Schaller (DE 102017123878 B4) teaches the directing of laser light through an optical block and curved cover to an enclosed pivotable MEMS scan mirror (¶¶ 5, 15-21, 30). However, Schaller does not teach the claimed relationship between the coaxial optical axis sections and the three prism surfaces, but instead teaches entrance, exit, and mirror surfaces that shape and fold transmitted laser light toward the scan mirror (¶¶ 17, 20, 24, 30). Shpunt ‘168 (US 20180081168 A1) discloses a time-of-flight depth scanner using a pulsed laser, photodetector, pivoting mirrors, and triangular prism to route outgoing and returned light (Fig. 1; ¶¶ 23-28). However, Shpunt ‘168 does not teach the claimed coaxial optical axis sections and their recited relationship with the three prism surfaces, but instead uses separate parallel paths with adjacent mirrors, refracting prism side faces, and a prism base providing total internal reflection or transmission (Figs. 1-4; ¶¶ 8, 24, 28-32). DeMersseman (US 20190101644 A1) discloses LiDAR distance sensing with laser diode transmitters, optical receivers, a rotatable scanning mirror, and coaxial outgoing and returning light through a shared lens and optical axis (FIGS. 1A and 3A, ¶¶ 22, 30, 37-38). However, DeMersseman does not teach a prism unit whose first, second, and third surfaces establish the claimed first and second coaxial optical axis sections, but instead uses separate beam splitters to direct transmitted light onto shared line 338, pass reflected LiDAR light to receivers, and divert other incoming light to a line camera (FIG. 3A, ¶¶ 37-38). Sayyah (US 20190018113 A1) discloses a laser and photodetector on a photonic chip with a MEMS mirror scanner on a common semiconductor platform and sends transmitted and reflected light along shared portions of the optical route for distance measurement (Figs. 1, 2, 3A, 3B; ¶¶ 18-27, 30). However, Sayyah does not teach first and second optical axis sections coupled by three prism surfaces with the claimed reflection and transmission relationships, but instead uses transmitter and receiver fibers, a circulator, a collimator, and a separate mirror to route light between the photonic chip and MEMS scanner (Figs. 3A and 3B; ¶¶ 27-30). Efimov (US 20190018120 A1) discloses a chip scale LIDAR system using a photonic chip laser and photodetectors, an optical coupler, a MEMS mirror scanner, and a common scanner side path for outgoing and return light (Figs. 1-2; ¶¶ 15, 17, 21, 23-24). However, Efimov does not teach three prism surfaces respectively coupling scanning light into a first optical axis section, directing return light to a detector while passing scanning light, and transferring both light directions between that section and an angled second section; instead, a birefringent wedge, Faraday rotator, and polarizer split the common scanner side path into separate laser and edge coupler paths, with a separate mirror directing the common path to the scanner (Fig. 2; ¶¶ 20-21, 25, 27-32). Quenzer (US 20200159006 A1) discloses a driven MEMS mirror pivotable about one or two axes for scanners and lidar, hermetically enclosed by a transparent dome joined to a carrier substrate and traversed by incident and reflected light (Figs. 1-2; ¶¶ 2, 10, 61-62, 73). However, Quenzer does not teach the claimed coaxial first and second optical axis sections coordinated with first, second, and third prism surfaces, but instead teaches external compensation optics, illustrated as a convex lens, that direct incident light through the dome to the mirror and collimate the reflected outgoing light (Fig. 2; ¶¶ 21-22, 30, 73). In sum, the cited prior art discloses: integrating a laser source, photodetector, and MEMS scanning mirror on a common chip or substrate and using the mirror to scan outgoing light and receive return light along a common reverse optical path (Eromaki, ¶¶ 31-39; Zhao, ¶¶ 28-30, 40-46; Sayyah, ¶¶ 18-30); combining and separating transmitted and received light using beam splitters, reflectors, circulators, and multi-surface prisms or wedges (DeMersseman, ¶¶ 28, 30, 33, 37-38; Shpunt, ¶¶ 27-28, 31-43; Shpunt ‘168, ¶¶ 20-32; Efimov, ¶¶ 23-32; Lee, ¶¶ 73-81); and protecting a pivotable scanning mirror with a transparent prism, hemispherical cover, or dome-shaped window, including hermetic encapsulation beneath a dome (Schaller, ¶¶ 15-24; Quenzer, ¶¶ 10, 28, 30, 61-73; Zhao, ¶¶ 35-38). However, although the prior art addresses individual limitations of claim 1, the combined teachings do not disclose or suggest the claimed relationship among the optical axis sections and the prism surfaces. Specifically, the prior art of record does not teach a device having laser light source, photodetector, and micromirror scanner on a common planar substrate employing a prism unit to establish a first coaxial optical axis section within the prism unit that is bidirectionally coupled, through a third surface, to a second coaxial optical axis section extending between the prism unit and micromirror; arranging a first surface above the laser light source to reflect scanning light into the first section and a second surface above the photodetector to transmit that scanning light while reflecting returning detection light toward the photodetector; and the second coaxial optical axis section extending through a dome shaped window that hermetically encapsulates the micromirror, and having an incidence angle greater than 0 degrees and smaller than 90 degrees relative to the common planar substrate or the micromirror in neutral position. Accordingly, claim 1 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action. Claims 2-12 would be allowable by virtue of dependency if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENGQING QI whose telephone number is 571-272-1078. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM ET. 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, YUQING XIAO can be reached on 571-270-3603. 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. /ZHENGQING QI/Examiner, Art Unit 3645
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Prosecution Timeline

Mar 21, 2023
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
81%
With Interview (+12.8%)
3y 9m (~3m remaining)
Median Time to Grant
Low
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Based on 119 resolved cases by this examiner. Grant probability derived from career allowance rate.

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