CTNF 18/290,822 CTNF 101785 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: emission unit, light receiving unit, abnormality detection unit, light source control unit, and emission control unit in claim 1. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recites sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 2 is 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. The term “the emission unit stops the light collection by diffusing and emitting light from a light source” is unclear. The specification only mentions one light source which at the time of an abnormality detection the light source stops emitting light. This makes it unclear how the emission unit would emit light when no light is being emitted. Because it is unclear and it is not defined in applicant’s disclosure and based on the claim construction a definition cannot be derived, therefor unable to determine the metes and bounds of the claim. For purposes of examination, the term “the emission unit stops the light collection by diffusing and emitting light from a light source” will be assumed to mean that at the time of abnormality detection the emission unit emits and diffuses the remaining light in the emission unit. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kamizuru et al. (WO 2020059420) in view of Niizuma (US 20220301433 A1) . Regarding claim 1, Kamizuru discloses [Note: what Kamizuru fails to clearly disclose is strike-through] A light source driving device comprising: (The present disclosure relates to a light source driving device and a light emitting device. (paragraph 0001)) an emission unit that collects and emits light from a light source; a light receiving unit that receives light from the light source via the emission unit; (The light receiving unit 5 is further disposed in the housing 6, and receives the laser light reflected by the emitting unit 4. (paragraph 0023)) an abnormality detection unit that detects an abnormality of light emitted from the emission unit based on the light that has been received; (The abnormality detection unit 130 detects an abnormality of the light emitting device 1 based on the laser light received by the light receiving unit 5. (paragraph 0031)) a light source control unit that controls light emission of the light source and stops the light emission of the light source when the abnormality of light is detected; (the light source control unit 120 can stop the supply of the drive current to the laser diode and stop the light emission of the light source 3. (paragraph 0030)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected. Niizuma discloses, an emission unit that collects and emits light from a light source; (The optical shutter 13 is provided on an optical path 82 of the laser light 80 toward the retroreflector 12. The optical shutter 13 blocks or passes the laser light 80 traveling to the retroreflector 12. (paragraph 0043)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected. (After the vehicle 50 arrives at the target position, the controller 20 closes the optical shutter 13 as the setting of the second state. (paragraph 0046)) It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features disclosed by Niizuma into the invention of Kamizuru. Both references are considered analogous arts to the claimed invention as they both disclose. The combination of Kamizuru and Niizuma would be obvious with a reasonable expectation of success to have an alternative mode to stop the LIDAR system. Regarding claim 2, Kamizuru fails to teach wherein the emission unit stops the light collection by diffusing and emitting light from a light source. In the same field of endeavor, Niizuma teaches wherein the emission unit stops the light collection by diffusing and emitting light from a light source. (When the optical shutter 13 is closed, the laser light 80 does not reach the retroreflector 12 and is reflected in a direction other than the incident direction or diffusely reflected by the optical shutter (paragraph 0047)) It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features disclosed by Niizuma into the invention of Kamizuru. Both references are considered analogous arts to the claimed invention as they both disclose. The combination of Kamizuru and Niizuma would be obvious with a reasonable expectation of success to have an alternative mode to stop the LIDAR system. Regarding claim 3, Kamizuru further discloses The light source driving device according to claim 1, wherein the abnormality detection unit detects the abnormality when an amount of the light that has been received exceeds a predetermined threshold. (the abnormality detection unit may detect the abnormality when the received light amount exceeds a predetermined threshold value. (paragraph 0008)) Regarding claim 4, Kamizuru further discloses The light source driving device according to claim 1, wherein the abnormality detection unit detects the abnormality when an amount of the light that has been received is less than a predetermined threshold. (the abnormality detection unit may detect the abnormality when the received light amount is less than a predetermined threshold value. (paragraph 0009)) Regarding claim 5, Kamizuru further discloses The light source driving device according to claim 1, further comprising a control unit that controls the light source control unit and the emission control unit. (The unnecessary light detection unit 133 can compare the signal output from the light receiving unit 5 with a predetermined threshold value when the stop of the emission of the laser light is instructed in the light emission control signal, and can output the abnormality detection signal when the signal from the light receiving unit 5 is higher than the predetermined threshold value. (paragraph 0034 ) While the prior art does not disclose a controller for controlling both the light source control unit and the emission unit it does disclose the signal that the controller would output. It also discloses the signal going to the light control unit and another component which could be the emission unit. ) Regarding claim 6, Kamizuru discloses [Note: what Kamizuru fails to clearly disclose is strike-through] A light emitting device comprising: (The present disclosure relates to a light source driving device and a light emitting device. (paragraph 0001)) a light source; (The light source 3 emits light. (paragraph 0026)) an emission unit that collects and emits light from the light source; a light receiving unit that receives light from the light source via the emission unit; (The light receiving unit 5 is further disposed in the housing 6, and receives the laser light reflected by the emitting unit 4. (paragraph 0023)) an abnormality detection unit that detects an abnormality of light emitted from the emission unit based on the light that has been received; (The abnormality detection unit 130 detects an abnormality of the light emitting device 1 based on the laser light received by the light receiving unit 5. (paragraph 0031)) a light source control unit that controls light emission of the light source and stops the light emission of the light source when the abnormality of light is detected; (the light source control unit 120 can stop the supply of the drive current to the laser diode and stop the light emission of the light source 3. (paragraph 0030)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected. Niizuma discloses, an emission unit that collects and emits light from the light source; (The optical shutter 13 is provided on an optical path 82 of the laser light 80 toward the retroreflector 12. The optical shutter 13 blocks or passes the laser light 80 traveling to the retroreflector 12. (paragraph 0043)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected. (After the vehicle 50 arrives at the target position, the controller 20 closes the optical shutter 13 as the setting of the second state. (paragraph 0046)) It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features disclosed by Niizuma into the invention of Kamizuru. Both references are considered analogous arts to the claimed invention as they both disclose. The combination of Kamizuru and Niizuma would be obvious with a reasonable expectation of success to have an alternative mode to stop the LIDAR system. Regarding claim 7, Kamizuru discloses [Note: what Kamizuru fails to clearly disclose is strike-through] distance measuring device comprising: (The light emitting device 1010 emits laser light for measuring the distance to the subject. (paragraph 0076)) a light emitting device including: a light source; (The light source 3 emits light. (paragraph 0026)) an emission unit that collects and emits light from the light source; a light receiving unit that receives light from the light source via the emission unit; (The light receiving unit 5 is further disposed in the housing 6, and receives the laser light reflected by the emitting unit 4. (paragraph 0023)) an abnormality detection unit that detects an abnormality of light emitted from the emission unit based on the light that has been received; (The abnormality detection unit 130 detects an abnormality of the light emitting device 1 based on the laser light received by the light receiving unit 5. (paragraph 0031)) a light source control unit that controls light emission of the light source and stops the light emission of the light source when the abnormality of light is detected; (the light source control unit 120 can stop the supply of the drive current to the laser diode and stop the light emission of the light source 3. (paragraph 0030)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected; a sensor that detects reflected light obtained by light emitted from the light source being reflected by an object; (The light receiving unit 5 is further disposed in the housing 6, and receives the laser light reflected by the emitting unit 4. (paragraph 0023)) and a processing circuit that performs processing of measuring a distance to the object based on a time from emission of light from the light source to detection of the reflected light. (Next, the imaging control unit 1003 measures the time from the emission of the laser light in the light-emitting device 1010 to the detection of the laser light in the imaging element 1002, and calculates the distance to the subject. (paragraph 0076)) Niizuma discloses, an emission unit that collects and emits light from the light source; (The optical shutter 13 is provided on an optical path 82 of the laser light 80 toward the retroreflector 12. The optical shutter 13 blocks or passes the laser light 80 traveling to the retroreflector 12. (paragraph 0043)) and an emission control unit that controls light collection of the emission unit and stops the light collection of the emission unit when the abnormality of light is detected; (After the vehicle 50 arrives at the target position, the controller 20 closes the optical shutter 13 as the setting of the second state. (paragraph 0046)) It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features disclosed by Niizuma into the invention of Kamizuru. Both references are considered analogous arts to the claimed invention as they both disclose. The combination of Kamizuru and Niizuma would be obvious with a reasonable expectation of success to have an alternative mode to stop the LIDAR system. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETHAN J SLAUGHTER whose telephone number is (571)388-3021. The examiner can normally be reached Monday-Friday 7:30-5:00. 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, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ETHAN JAKOB SLAUGHTER/Examiner, Art Unit 3648 /VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648 Application/Control Number: 18/290,822 Page 2 Art Unit: 3648 Application/Control Number: 18/290,822 Page 3 Art Unit: 3648 Application/Control Number: 18/290,822 Page 4 Art Unit: 3648 Application/Control Number: 18/290,822 Page 5 Art Unit: 3648 Application/Control Number: 18/290,822 Page 6 Art Unit: 3648 Application/Control Number: 18/290,822 Page 7 Art Unit: 3648 Application/Control Number: 18/290,822 Page 8 Art Unit: 3648 Application/Control Number: 18/290,822 Page 9 Art Unit: 3648 Application/Control Number: 18/290,822 Page 10 Art Unit: 3648 Application/Control Number: 18/290,822 Page 11 Art Unit: 3648
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