Prosecution Insights
Last updated: October 02, 2026
Application No. 18/260,939

RADIATION-EMITTING DEVICE, MEASURING SYSTEM COMPRISING THE RADIATION-EMITTING DEVICE, AND VEHICLE COMPRISING THE MEASURING SYSTEM

Final Rejection §103
Filed
Jul 11, 2023
Priority
Jan 14, 2021 — DE 10 2021 100 663.5 +1 more
Examiner
VASQUEZ JR, ROBERT WILLIAM
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ams-osram AG
OA Round
2 (Final)
10%
Grant Probability
At Risk
3-4
OA Rounds
11m
Est. Remaining
17%
With Interview

Examiner Intelligence

Grants only 10% of cases
10%
Career Allowance Rate
2 granted / 21 resolved
-42.5% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
34 currently pending
Career history
70
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
59.4%
+19.4% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
4.8%
-35.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment The Amendment filed June 9th, 2026 has been entered. Claims 1-2 and 13 are cancelled. Claims 22-23 are new. Claims 3-4, 9-12, 14, 16-18, and 21 are amended. Claims 3-12 and 14-23 remain pending in the application. 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 21, 3-9, 11-12, 17-18, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20160097843 A1), in view of Stigwall (US 20170123053 A1). Regarding claim 21, Nakamura teaches a radiation emitting device for emitting light ([0010] The present invention aims to provide an optical element capable projecting a light beam to a projection region with a desired intensity distribution.), wherein the device comprises: a laser light source configured to emit the light along an emission direction ([0055] Referring to FIG. 1, an X-axis corresponds to a direction in which a light beam (light flux) is emitted from a laser diode LD); and an optical system arranged downstream of the laser light source in the emission direction; wherein the optical system is non-imaging: ([0056] The projection optical system 11 includes the laser diode LD, a first optical element L11 and a second optical element L12.); wherein: the optical system comprises a plurality of optical elements arranged along the emission direction for shaping a radiation characteristic of the radiation emitting device in a horizontal direction and in a vertical direction perpendicular to the horizontal direction such that the radiation characteristic along the vertical direction is asymmetric, ([Fig. 1]; [0056] a first optical element L11 and a second optical element L12.; [0065] The laser diode LD may have the diffusion angle in the horizontal direction (Y-axis direction) smaller than that in the vertical direction (Z-axis direction).; [0069] the first optical element L11 is required to cover the light volume deficiency in a region...while diffusing the light beam in the horizontal direction.; [0086] The second optical element L12 therefore has the refractive power at least in one of the horizontal direction and the vertical direction. In FIG. 7, the second optical element L12 has the refractive power in the Y-axis direction.), a first optical element of the optical system is intended and configured to cause a spreading of the light along the horizontal direction ([0069] the first optical element L11 is required to cover the light volume deficiency in a region...while diffusing the light beam in the horizontal direction.;), a second optical element of the optical system is provided and configured to effect collimation of the light along the vertical direction ([0086] The second optical element L12 therefore has the refractive power at least in one of the horizontal direction and the vertical direction. In FIG. 7, the second optical element L12 has the refractive power in the Y-axis direction), a third optical element of the optical system is intended and configured to effect radiation asymmetry along the vertical direction ([0096] The third optical element L13 receives the light beam...forms an image on the light-receiving plane of the photodiode PD.; [Fig. 9-10]), Nakamura fails to teach the device wherein the third optical element comprises a microlens array having a plurality of microlenses. However, Stigwall teaches a device wherein the third optical element comprises a microlens array having a plurality of microlenses ([Fig. 3b]; [0100] The beam forming assembly 32 further comprises two cylindrical lenslet arrays 34,35). 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 Nakamura to comprise the microlens array optical element similar to Stigwall, with a reasonable expectation of success. This would have the predictable result of using a device known to the art to further shape the beam to a desired vertical and horizontal configuration. Regarding claim 3, Nakamura, as modified above, teaches the radiation emitting device according to claim 21, wherein the laser light source comprises at least one laser emitter unit and each of the at least one laser emitter unit is configured to emit light onto a plurality of the microlenses ([0056] The projection optical system 11 includes the laser diode LD), Regarding claim 4, Nakamura, as modified, teaches the radiation emitting device according to claim 21, Nakamura fails to teach the device wherein the microlenses are formed by structures extending in one direction. However, Stigwall teaches a device wherein the microlenses are formed by structures extending in one direction. ([0100] two cylindrical lenslet arrays 34,35) 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 Nakamura to comprise the structured microlens similar to Stigwall, with a reasonable expectation of success. This would have the predictable result of using a known method of developing microlens arrays. Regarding claim 5, Nakamura, as modified, teaches the radiation emitting device according to claim 4, Nakamura fails to teach the device wherein each of said microlenses is formed by a cylindrical lens. However, Stigwall teaches a device wherein each of said microlenses is formed by a cylindrical lens [0100] two cylindrical lenslet arrays 34,35). 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 Nakamura to comprise the cylindrical lens array similar to Stigwall, with a reasonable expectation of success. This would have the predictable result of using a known method of microlens for the desired beam shaping. Regarding claim 6, Nakamura, as modified above, teaches the radiation emitting device according to claim 4, wherein the first optical element comprises structures extending in the vertical direction ([Fig. 1]; [Fig. 5]). Regarding claim 7, Nakamura, as modified, teaches the radiation emitting device according to claim 4, Nakamura fails to teach the device wherein the third optical element comprises structures extending in the horizontal direction. However, Stigwall teaches a device wherein the third optical element comprises structures extending in the horizontal direction ([0100] two cylindrical lenslet arrays 34,35 which substantially do not influence beam forming in vertical direction but which are positioned and aligned so that a beam forming in horizontal direction is enabled.). 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 Nakamura to comprise the optical element structure similar to Stigwall, with a reasonable expectation of success. This would have the predictable result of using a known method of lens construction to achieve the desired beam shape. Regarding claim 8, Nakamura, as modified, teaches the radiation emitting device according to claim 7, Nakamura fails to teach the device wherein the structures are asymmetric in the vertical direction. However, Stigwall teaches a device wherein the structures are asymmetric in the vertical direction ([0100] two cylindrical lenslet arrays 34,35 which substantially do not influence beam forming in vertical direction but which are positioned and aligned so that a beam forming in horizontal direction is enabled.). 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 Nakamura to comprise the asymmetrical structure of an optical element similar to Stigwall, with a reasonable expectation of success. This would have the predictable result of using a known method of lens construction to achieve a desired beam shape. Regarding claim 9, Nakamura, as modified, teaches the radiation emitting device according to claim 21, wherein the second optical element comprises a lens body ([fig. 1]; [0085] The second optical element L12 is a cylindrical lens). Regarding claim 11, Nakamura, as modified, teaches the radiation emitting device according to claim 21, wherein the first, second, and third optical elements are formed separately from each other ([Fig. 1]). Regarding claim 12, Nakamura, as modified, teaches the radiation emitting device according to claim 21, wherein at least two optical elements are integrally formed ([Fig. 1]; [0058] a distance d2 from an emission plane of the first optical element L11 to an incidence plane of the second optical element L12 is 10 mm.). Regarding claim 17, Nakamura, as modified, teaches the radiation emitting device according to claim 21, wherein the laser light source is oriented such that a fast axis of the emitted light is aligned along the horizontal direction ([0064] The laser diode LD differs in a diffusion angle between the horizontal direction (Y-axis direction) and the vertical direction (Z-axis direction). As illustrated in FIG. 4, the laser diode LD has the diffusion angle in the horizontal direction (Y-axis direction) larger than that in the vertical direction (Z-axis direction).). Regarding claim 18, Nakamura, as modified, teaches a measurement system comprising: a radiation emitting device according to claim 21; and a detector unit ([0061] The light-receiving optical system 12 includes a photodiode PD). Regarding claim 22, Nakamura, as modified, teaches the radiation emitting device of claim 21, wherein the plurality of optical elements are disposed in series along the emission direction ([Fig. 1]; [0056] a first optical element L11 and a second optical element L12.; [0065] The laser diode LD may have the diffusion angle in the horizontal direction (Y-axis direction) smaller than that in the vertical direction (Z-axis direction).; [0069] the first optical element L11 is required to cover the light volume deficiency in a region...while diffusing the light beam in the horizontal direction.; [0086] The second optical element L12 therefore has the refractive power at least in one of the horizontal direction and the vertical direction. In FIG. 7, the second optical element L12 has the refractive power in the Y-axis direction.). Regarding claim 23, Nakamura, as modified, teaches the radiation emitting device of claim 21, wherein the vertical direction and horizontal direction are perpendicular to the emission direction ([0055] Referring to FIG. 1, an X-axis corresponds to a direction in which a light beam (light flux) is emitted from a laser diode LD and axes orthogonal to the X-axis correspond to a Y-axis and a Z-axis, respectively. A Y-axis direction corresponds to the horizontal direction and a Z-axis direction corresponds to the vertical axis direction in FIG. 1.) Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20160097843 A1), in view of Stigwall (US 20170123053 A1), as applied to Claim 21 above, further in view of Jesurun (US 20190258068 A1). Regarding claim 10, Nakamura, as modified, teaches the radiation emitting device according to claim 21, Nakamura fails to teach the device wherein the second optical element is movable in the vertical direction. However, Jesurun teaches a device wherein the second optical element is movable in the vertical direction. ([0038] In FIG. 3B, first optical element 40 and second optical element 60 move in opposite directions in relation to optical axis X, thereby aligning in an offset orientation to spread the light beam exiting assembly 20A.) 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 Nakamura to comprise the movable optical element similar to Jesurun, with a reasonable expectation of success. This would have the predictable result of shifting the focus of a lens or directing optical element to a desired orientation for beam shaping. Claims 14-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20160097843 A1), in view of Stigwall (US 20170123053 A1), as applied to Claim 21 above, further in view of Vuletici (US 20220187425 A1). Regarding claim 14, Nakamura, as modified, teaches the radiation emitting device according to claim 21, Nakamura fails to explicitly teach the device further comprising a housing body in which the laser light source is arranged, wherein the optical elements of the optical system are arranged in or on the housing body. However, Vuletici teaches a device further comprising a housing body in which the laser light source is arranged, wherein the optical elements of the optical system are arranged in or on the housing body ([Fig. 6]; [0014] The laser module 26 includes a housing 28 having a hermetically-sealed cavity 30. The housing 28 includes a base 32 that is connected to the back cover 16. The laser module 26 includes a laser 34 disposed in the hermetically-sealed cavity 30 and supported by the base 32.; [0040] The laser 34 may include a laser diode 78, an axial lens 80, and a laser crystal 82, as shown in FIGS. 6 and 9.). 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 Nakamura to comprise the housing body arrangement of the device similar to Vuletici, with a reasonable expectation of success. This would have the predictable result of ensuring the optical device is self-contained. Regarding claim 15, Nakamura, as modified, teaches the radiation emitting device according to claim 14, Nakamura fails to teach the device wherein at least one optical element of the optical system encloses with the housing body a hermetically sealed interior space in which at least the laser light source is disposed. However, Vuletici teaches a device wherein at least one optical element of the optical system encloses with the housing body a hermetically sealed interior space in which at least the laser light source is disposed ([Fig. 6]; [0014] The laser module 26 includes a housing 28 having a hermetically-sealed cavity 30. The housing 28 includes a base 32 that is connected to the back cover 16. The laser module 26 includes a laser 34 disposed in the hermetically-sealed cavity 30 and supported by the base 32.). 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 Nakamura to comprise the hermetically sealed device similar to Vuletici, with a reasonable expectation of success. This would have the predictable result of ensuring the device is self-contained and non-contaminable by outside elements. Regarding claim 16, Nakamura teaches the radiation emitting device according to claim 21, Nakamura fails to teach the device wherein an optical element of the optical system forms an exit window of the radiation emitting device through which the light is emitted into the surroundings. However, Vuletici teaches a device wherein an optical element of the optical system forms an exit window of the radiation emitting device through which the light is emitted into the surroundings ([Fig. 6]; [0014] The laser module 26 includes a housing 28 having a hermetically-sealed cavity 30. The housing 28 includes a base 32 that is connected to the back cover 16. The laser module 26 includes a laser 34 disposed in the hermetically-sealed cavity 30 and supported by the base 32.; [0038] In such examples, the monolithic lens may be of any suitable type that shapes light from the light emitter 30 toward the outer optical fascia 50. For example, the lens package may include a diffuser 76. The lens package may, for example, include a diffractive optical element, a diffractive diffuser, a refractive diffuser, a blazed grating, etc.). 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 Nakamura to comprise the optical element window similar to Vuletici, with a reasonable expectation of success. This would have the predictable result of optimizing the space of the contained optical system and ensure signal fidelity to the environment. Regarding claim 19, Nakamura, as modified, teaches the measurement system according to claim 18, Nakamura fails to explicitly teach the device wherein the laser light source and the detector unit are arranged in a common housing body. However, Vuletici teaches a device wherein the laser light source and the detector unit are arranged in a common housing body ([Fig. 6]). 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 Nakamura to comprise the common housing body similar to Vuletici, with a reasonable expectation of success. This would have the predictable result of ensuring the device is entirely self-contained. Regarding claim 20, Nakamura, as modified, teaches a measurement system according to claim 18 Nakamura fails to teach the system mounted on a vehicle. However, Vuletici teaches a system mounted on a vehicle ([0017] FIG. 1 shows an example vehicle 22. The assembly 10 is, or is a component of, a lidar system 40 of the vehicle 22. The assembly 10 is mounted to the vehicle 22). 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 Nakamura to comprise the vehicle mounting similar to Vuletici, with a reasonable expectation of success. This would have the predictable result of using the optical system described in a real-world setting with a known use and function. Response to Arguments Applicant's arguments filed June 9th, 2026 have been fully considered but they are not persuasive. Regarding the applicant’s argument that the prior art of Nakamura fails to teach the third optical element in the emission direction, the argument is found to be unpersuasive. The examiner notes that claims are examined, as written, under the broadest reasonable interpretation to one of ordinary skill in the art, as all patents are. While the specification outlines a different configuration to the one outlined by the prior art of Nakamura, the claim language fails to distinguish the emission direction further than just along the path passed the emission unit, which the third optical element of Nakamura can be found to embody. Barring further amendments to outline this emission direction or to contrast the emission direction with the “detection direction” as argued by the applicant in the Arguments filed, the prior art of Nakamura is considered to teach the claimed immediate application and the rejection is maintained in the Final Office Action. Further, regarding the argument that the third optical element of Nakamura fails to teach the vertical orientation of the claims, the argument is not found persuasive. As outlined by the figures and by the rejection above, the prior art of Nakamura outlines that the third optical element is designed to orient the light in the vertical direction as can be seen by the cited figures 9 and 10. Without further limitation on the manner in which the optical element is designed to effect the light, the prior art is regarded as still teaching the claimed language and the rejection is maintained here. Regarding the newly amended claims, the amendments to reflect dependency has been amended in this Final Office Action and the newly amended claims have been addressed above. 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. 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, 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. 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. /ROBERT W VASQUEZ/Examiner, Art Unit 3645 /JAMES R HULKA/Primary Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Jul 11, 2023
Application Filed
Mar 09, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Aug 20, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12607745
REDUCED-SIZE FMCW HETERODYNE-DETECTION LIDAR IMAGER SYSTEM
3y 7m to grant Granted Apr 21, 2026
Patent 12436282
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4y 1m to grant Granted Oct 07, 2025
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
10%
Grant Probability
17%
With Interview (+7.1%)
4y 2m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 21 resolved cases by this examiner. Grant probability derived from career allowance rate.

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