Prosecution Insights
Last updated: April 19, 2026
Application No. 18/250,361

FMCW LIDAR SYSTEM

Non-Final OA §103
Filed
Apr 25, 2023
Examiner
BOEGHOLM, ISABELLE LIN
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AMS-OSRAM AG
OA Round
1 (Non-Final)
44%
Grant Probability
Moderate
1-2
OA Rounds
4y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allow Rate
8 granted / 18 resolved
-7.6% vs TC avg
Strong +62% interview lift
Without
With
+62.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
33 currently pending
Career history
51
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 18 resolved cases

Office Action

§103
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 . Status of Claims Claims 1, 3-11, and 13-16 are pending. Information Disclosure Statement The information disclosure statement filed 4/24/2023 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because the “German Search Report issued for the corresponding German patent application no 102020128443.8” has no English language translation. All other references have been considered. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a). 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, 3-9, 11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Davydenko (DE 102018216636 A1) in view of LaChapelle (US 10802120 B1). Regarding Claim 1: Davydenko discloses a FMCW lidar system (Fig. 1b; [0033] the invention is a combination of a FMCW laser and a mode locked laser) comprising a radiation source configured to emit a laser beam (Fig. 1b, light source 110 emitting measurement signal 121); and a frequency comb generator configured to generate a frequency comb from the emitted laser beam ([0036] frequency comb generated by mode locked laser 111; the different frequencies are illustrated by Fig. 1a). Davydenko does not expressly disclose: the radiation source comprising a surface emitting semiconductor laser and that the radiation source is realized in a photonic chip. LaChapelle teaches a light source for a FMCW system (Col. 15, lines 15-20, light source 110 is for a FMCW lidar system) that comprises a surface emitting semiconductor laser (Col. 32, lines 48-60, the light source 110 has a VCSEL as the laser), where the entire transmitting unit, including the radiation source, is realized in a photonic chip (Fig. 34, light source 110 is on a PIC 455). 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 lidar system disclosed by Davydenko by (1) using a VCSEL in the radiation source, and (2) integrating the entire radiation source into a PIC, as taught by LaChapelle. First, using a VCSEL as the radiation source would be a simple substitution of the arbitrary laser disclosed by Davydenko, for the VCSEL taught by LaChapelle, to obtain the predictable result of generating a laser beam (See MPEP 2141.III KSR Rationale B). Second, incorporating the entirety of the radiation source into a PIC is a different design variation that is predictable and known in the art. “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). Regarding Claim 3: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. Davydenko further discloses: further comprising a first grating configured to deflect components of the frequency comb having different wavelengths into different spatial directions, the first grating being arranged between the frequency comb generator and an object to be measured (Fig. 1b, grating 130; [0039] grating 130 deflects different frequency modes of the frequency comb in different directions based on their respective frequencies and towards the object 140). Regarding Claim 4: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. Davydenko further discloses: further comprising an array of detector elements ([0040] detector 160 is an array) configured to detect a mixed signal generated on the basis of a reflected beam reflected by an object to be measured and a reference beam ([0040] – [0041] reference signal 122. The different returning beams are combined with their associated reference signal component and detected by the detector). Regarding Claim 5: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 4. Davydenko further discloses: further comprising a second grating configured to deflect electromagnetic radiation incident on the second grating onto different detector elements as a function of the wavelength of the electromagnetic radiation (Fig. 1b and [0040] – [0041] grating 150 directs the reflected beams, based on their frequency ranges, in different directions towards the array. This is indicated by areas 1, 2, and 3). Regarding Claim 6: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 5. Davydenko further discloses: wherein the second grating is further configured to deflect a reflected beam associated with a reference beam and the reference beam onto a common detector element (Fig. 1b and [0040] – [0041] signal 122 is directed to the grating 150, shown by the lightly dotted line. Returning beams are also directed towards the grating 150. Both the return beams and their respective component of reference signal 122 are directed towards the detector array 160 together). Regarding Claim 7: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 5. Davydenko further discloses: wherein the second grating is arranged at a position where the beam reflected by the object to be measured is split and is superimposed with the reference beam after splitting (Fig. 1b and [0040] – [0041] signal 122 is directed directly towards the detector array 160, as shown by the dashed line. Returning beams are directed toward grating 150, which directs them towards respective areas of the detector array 160). Regarding Claim 8: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. Davydenko further discloses wherein the radiation source further comprises a modulation device for modulating a wavelength emitted by the radiation source ([0036] the FMCW laser 113 forms the triangular modulation illustrated in Fig. 1a. By combining the beam from the FMCW with the different frequencies of the mode locked laser 110, the triangular modulation is formed). Regarding Claim 9: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 8. This combination does not expressly teach the modulation device comprises a voltage source configured to modify a current intensity impressed into the surface emitting semiconductor laser. LaChappelle further discloses the modulation device comprises a voltage source configured to modify a current intensity impressed into the surface emitting semiconductor laser (Col. 66 lines 10-33, the frequency changes of the light source 110 are based on the current supplied to the seed laser. This is controlled by an electronic driver; Col. 32, lines 48-60, the light source 110 has seed laser, where the seed laser is a VCSEL). It would have been obvious to a person having ordinary skill in the art before the effective filing date to further modify the radiation source in the system taught by Davydenko and LaChappelle, by further incorporating the teachings of LaChappelle for changing the frequency of the light source. Changing the frequency based on the current applied to the laser diode is simply another way to change the optical frequency of light. As described by LaChappelle in Col. 66, lines 10-33, applying current is another way to change optical frequence, as opposed to incorporating a separate discrete optical modulator. This modification would be another design variation for generating frequency modulated light. “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). Regarding Claim 11: Davydenko, in view of LaChappelle, teaches [the] FMCW LIDAR system according to claim 1. Davydenko further discloses wherein the frequency comb generator is configured to set a mode spacing greater than 5 GHz between adjacent modes ([0044] mode spacing of 30 GHz). Regarding Claim 13: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. In this combination, LaChappelle further teaches wherein the frequency comb generator is integrated with the photonic chip (Fig. 34, light source 110 is on a PIC 455). In the LIDAR system of claim 1, Davydenko discloses that the FMCW laser 113 and the mode locked laser 111 are both part of the light source 110. The mode locked laser 111 generates the frequency comb. In the modification made (see claim 1), the entirety of the light source is incorporated onto a PIC as taught by LaChappelle. Therefore, the frequency comb generator, which is part of the light source, is also on the photonic chip. Regarding Claim 14: Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. In this combination, LaChappelle further teaches wherein the surface emitting semiconductor laser is a VCSEL (Col. 32, lines 48-60, the light source 110 has a VCSEL as the laser). Regarding Claim 15: Davydenko discloses a radiation source (Fig. 1b, light source 110 having FMCW laser 113) and a frequency comb generator (Fig. 1b, light source 110 having mode locked laser 110); wherein the laser is configured to emit a laser beam and the frequency comb generator is configured to generate a frequency comb from the emitted laser beam (Fig. 1b and [0036], light from FMCW laser 113 is mixed with the light from the mode locked laser 111 at the circulator 112. This generates the triangular shaped FMCW signals that have the frequency spacings of the mode locked laser 111). Davydenko does not expressly disclose: the radiation source comprising a surface emitting semiconductor laser and that the radiation source is implemented in a photonic chip. LaChapelle teaches a light source for a FMCW system (Col. 15, lines 15-20, light source 110 is for a FMCW lidar system) that comprises a surface emitting semiconductor laser (Col. 32, lines 48-60, the light source 110 has a VCSEL as the laser), where the entire transmitting unit, including the radiation source, is realized in a photonic chip (Fig. 34, light source 110 is on a PIC 455). 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 lidar system disclosed by Davydenko by (1) using a VCSEL in as the FMCW light source, and (2) integrating the entire radiation source into a PIC, as taught by LaChapelle. First, using a VCSEL as the FMCW light source would be a simple substitution of the arbitrary FMCW laser disclosed by Davydenko, for the VCSEL taught by LaChapelle, to obtain the predictable result of generating a laser beam (See MPEP 2141.III KSR Rationale B). Second, incorporating the entirety of the radiation source into a PIC is a different design variation that is predictable and known in the art. “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). Regarding Claim 16: Davydenko, in view of LaChappelle, teaches the radiation source according to claim 15. In this combination, LaChappelle further teaches wherein the surface emitting semiconductor laser is a VCSEL (Col. 32, lines 48-60, the light source 110 has a VCSEL as the laser). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Davydenko (DE 102018216636 A1) in view of LaChapelle (US 10802120 B1), further in view of Lukaschchuk (US 20220413354 A1). Davydenko, in view of LaChappelle, teaches the FMCW LIDAR system according to claim 1. However, this combination does not expressly teach wherein the frequency comb generator comprises a microresonator. Lukaschchuk teaches a FMCW lidar system (Fig. 1, LIDAR device 200) with a radiation source (Fig. 1 laser source 110, which has a continuous wave laser 112 and a frequency modulator controller 114) and a frequency comb generator that generates a frequency comb from the emitted laser, wherein the frequency comb generator comprises a microresonator (Fig. 1, nonlinear optical element 120; [0062] the nonlinear optical element 120 generates the frequency comb; [0071] and Fig. 4, the nonlinear optical element 120 has a microresonator 122 on a PIC 121). It would have been obvious to a person having ordinary skill in the art before the effective filing date to further modify the LIDAR system taught by Davydenko and LaChappelle by incorporating the teachings of Lukaschchuk for generating a frequency comb. The mode locked laser disclosed by Davydenko in the light source would be replaced with a continuous wave light source, and the comb would be generated by the microresonator, as taught by Lukschchuk. This is simply a different way to obtain a frequency comb, where each of the frequencies are also frequency modulated to form a triangular shape. The only difference is if the comb is generated and then frequency modulated, or if the signal is frequency modulated and then the comb is formed. This is a predictable variation. “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). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maleki (US 20200209358 A1): a frequency modulated lidar system, where frequency is modulated by applying a time varying voltage to the optical resonator. This controls the timing and waveform shape. Schmalenberg (US 20210396887 A1): a FMCW lidar system that steers light using a grating and modifying the frequency of the beam. 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. 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 at (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. /ISABELLE LIN BOEGHOLM/ Examiner, Art Unit 3645 /YUQING XIAO/ Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Apr 25, 2023
Application Filed
Feb 09, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12591063
READING DEVICE AND LIDAR MEASURING DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12546868
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2y 5m to grant Granted Feb 10, 2026
Patent 12449538
Ambiguity Mitigation for FMCW Lidar System
2y 5m to grant Granted Oct 21, 2025
Patent 12442899
MEMS ACTUATED VIBRATORY RISLEY PRISM FOR LIDAR
2y 5m to grant Granted Oct 14, 2025
Patent 12436287
3-DIMENSIONAL IMAGING LIDAR SYSTEM
2y 5m to grant Granted Oct 07, 2025
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
44%
Grant Probability
99%
With Interview (+62.5%)
4y 3m
Median Time to Grant
Low
PTA Risk
Based on 18 resolved cases by this examiner. Grant probability derived from career allow rate.

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