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 .
Specification
The disclosure is objected to because of the following informalities: on page 20 line 10, there appears to be an editorial error in the phrase “a rotation mechanism ROT2 (e.g., an elevation angle” in which it appears that “ROT2” should instead recite --ROT1-- to be consistent with the description of ROT1 in lines 12-13.
Appropriate correction is required.
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.
Claim(s) 1-11 and 15-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markendorf et al. US20160252619 in view of Thackray US20060125680.
Regarding independent claim 1, Markendorf discloses, in Figure 4c,
A metrology system (Markendorf; Fig. 4c), comprising:
a retroreflector portion comprising a retroreflector (Markendorf; [0144] “reflector”), wherein the retroreflector portion is configured to:
receive and reflect transmitted laser light as transmitted from a laser portion (Markendorf; [0144] “reflector”); and
a laser configuration (Markendorf; [0144] lidar range finder 19), comprising:
a main body portion (Markendorf; [0144] lidar range finder 19), comprising:
a laser portion (Markendorf; [0144] signal sending unit 18c of lidar range finder 19) comprising:
a laser configured to transmit the laser light that is reflected by the retroreflector portion (Markendorf; [0144] the laser portion of the lidar range finder 19);
an optical sensor configured to receive the reflected laser light and to detect positional changes of an optical axis of the reflected laser light which occur as a result of positional changes of the retroreflector portion (Markendorf; [0144] APD signal receiving unit 18d); and
a rotator portion configured to rotate the main body portion to change a transmission direction of the laser light (Markendorf; [0141] “pivoting around the pivot axis 41”), the rotator portion comprising an angle sensor portion configured to sense one or more rotation angles of the rotator portion (Markendorf; [0144] “target-seeking unit”; [0113] “control and evaluating unit with a seeking functionality” that tracks a target by sensing and determining a difference in two azimuth angle measurements and then automatically change the laser beam direction to eliminate the azimuth angle difference; while [0113] is used to describe the embodiment in Fig. 1, it applies equally to all of the embodiments including Fig. 4c.).
Markendorf does not disclose
receive and reflect transmitted radar signals as transmitted from a radar portion;
a laser and radar configuration, comprising:
a radar portion configured to:
transmit the radar signals that are reflected by the retroreflector portion; and
receive the reflected radar signals which enable a distance to the retroreflector portion to be determined; and
a rotator portion configured to rotate the main body portion to change a transmission direction of the laser light and the radar signals.
Thackray teaches a radar portion configured to: transmit the radar signals that are reflected by the retroreflector portion; and receive the reflected radar signals which enable a distance to the retroreflector portion to be determined (Thackray; Fig. 1-2; radar system 18 that cooperates with laser system 10; radar transmitter 20; radar receiver 22; radar range estimator 44; radar angular monitor 46; second/radar data processor 24; evaluator 32; [0021-0022] combine the laser data and the radar data to produce a composite/hybrid quality representation of an object/target that benefits from the laser data and the radar data complimenting each other’s strengths and compensating/overcoming each other’s limitations/weaknesses).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the retroreflector portion as taught by Markendorf to comprise the radar portion as taught by Thackray for the purpose of providing an improved and more accurate dataset because the radar portion would compensate for the limitations of the laser portion (Thackray; [0021-0022] combine the laser data and the radar data to produce a composite/hybrid quality representation of an object/target that benefits from the laser data and the radar data complimenting each other’s strengths and compensating/overcoming each other’s limitations/weaknesses).
Regarding claim 2, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, further comprising: one or more processors (Markendorf; [0144] the processor that processes the data from the range finder 19); and a memory (Markendorf; [0025] machine-parsable data storage medium) coupled to the one or more processors and storing program instructions that when executed by the one or more processors cause the one or more processors to at least: receive a signal from the optical sensor (Markendorf; [0144] APD signal receiving unit 18d) indicating that the optical axis of the reflected laser light has moved from a central area of the optical sensor as a result of movement of the retroreflector portion (Markendorf; [0144] “reflector”); and control (Markendorf; [0144] “target-seeking unit”) the rotator portion to change the transmission direction of the laser light so as to move the optical axis of the reflected laser light which intersects with the optical sensor back to the central area of the optical sensor (Markendorf; [0144] “target-seeking unit”; [0113] “control and evaluating unit with a seeking functionality” that tracks a target by sensing and determining a difference in two azimuth angle measurements and then automatically change the laser beam direction to eliminate the azimuth angle difference; while [0113] is used to describe the embodiment in Fig. 1, it applies equally to all of the embodiments including Fig. 4c.).
Regarding claim 3, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 2, wherein the program instructions when executed by the one or more processors further cause the one or more processors to: determine a first angular position of the retroreflector portion based at least in part on the determined one or more rotation angles of the rotator portion (Markendorf; [0144] “target-seeking unit”; [0113] “control and evaluating unit with a seeking functionality” that tracks a target by sensing and determining a difference in two azimuth angle measurements and then automatically change the laser beam direction to eliminate the azimuth angle difference; while [0113] is used to describe the embodiment in Fig. 1, it applies equally to all of the embodiments including Fig. 4c.); and determine a first distance to the retroreflector portion based at least in part on the reflected radar signals (Thackray; radar range estimator 44).
Regarding claim 4, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 3, wherein the program instructions when executed by the one or more processors further cause the one or more processors to determine a first dimensional position corresponding to a position of the retroreflector portion based at least in part on the determined angular position of the retroreflector portion and the determined distance to the retroreflector portion (Markendorf; [0144] lidar range finder 19) (Thackray; radar system 18 that cooperates with laser system 10; radar range estimator 44; radar angular monitor 46; evaluator 32).
Modified Markendorf is silent regarding to determine a first 3-dimensional position.
Thackray teaches to determine a first 3-dimensional position (Thackray; [0018] laser system 10 generates three-dimension object location data).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the determination of the dimensional position as taught by Modified Markendorf to be in 3-dimensions as taught by Thackray for the purpose of providing a dataset that is familiar and easy for the user/operator to understand and to analyze.
Regarding claim 5, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 4, wherein: the determined first 3-dimensional position (Thackray; [0018] laser system 10 generates three-dimension object location data) corresponds to a first part or position of an object to be measured which the retroreflector portion is disposed at; after the retroreflector portion is moved to be disposed at a second part or position of the object to be measured, the program instructions when executed by the one or more processors further cause the one or more processors to: determine a second angular position of the retroreflector portion based at least in part on determined one or more rotation angles of the rotator portion; and determine a second distance to the retroreflector portion based at least in part on reflected radar signals; and determine a second 3-dimensional position (Thackray; [0018] laser system 10 generates three-dimension object location data) corresponding to a position of the retroreflector portion based at least in part on the determined second angular position of the retroreflector portion and the determined second distance to the retroreflector portion (Markendorf; [0144] lidar range finder 19) (Thackray; radar system 18 that cooperates with laser system 10; radar range estimator 44; radar angular monitor 46; evaluator 32).
Regarding claim 6, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 5, wherein the program instructions when executed by the one or more processors further cause the one or more processors to determine a dimension of the object to be measured based at least in part on a distance between the determined first 3-dimensional position and the determined second 3-dimensional position (Thackray; [0018] laser system 10 generates three-dimension object location data) (Markendorf; [0144] “target-seeking unit”; [0113] “control and evaluating unit with a seeking functionality” that tracks a target by sensing and determining a difference in two azimuth angle measurements and then automatically change the laser beam direction to eliminate the azimuth angle difference; while [0113] is used to describe the embodiment in Fig. 1, it applies equally to all of the embodiments including Fig. 4c.).
Regarding claim 7, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the retroreflector portion is configured such that the reflected laser light is at least one of coaxial or parallel to the transmitted laser light that is received by the retroreflector portion (Markendorf; Fig. 4c; [0144] signal sending unit 18c of lidar range finder 19).
Regarding claim 8, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the laser (Markendorf; [0144] lidar range finder 19).
Modified Markendorf is silent regarding wherein the laser is a frequency-modulated continuous wave (FMCW) laser.
In an alternative embodiment, Markendorf teaches wherein the laser is a frequency-modulated continuous wave (FMCW) laser (Markendorf; [0144] “a distance can be determined, as an alternative to the direct time-of-flight method, by using the indirect time-of-flight principle according to the invention, i.e. by analyzing a modulated wave regarding its phase”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the laser as taught by Modified Markendorf to be a FMCW laser as taught by Markendorf for the purpose of
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to substitute the laser as taught by Modified Markendorf with the FMCW laser as taught by Markendorf since the different types of lidars are known elements that obtain the predictable result of providing distance and azimuthal measurements that cooperate with reflectors with a reasonable expectation of success and with no unexpected results (MPEP 2143(I)(B) "Simple Substitution of One Known Element for Another To Obtain Predictable Results").
Regarding claim 9, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the laser (Markendorf; [0144] lidar range finder 19).
Modified Markendorf is silent regarding wherein the laser is a continuous wave (CW) laser or a quasi-CW laser, but is not frequency modulated.
Examiner hereby takes OFFICIAL NOTICE that a continuous wave (CW) laser that is not frequency modulated is well known in the art.
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to substitute the laser as taught by Modified Markendorf with continuous wave (CW) laser that is not frequency modulated that is well known in the art since the different types of lidars are known elements that obtain the predictable result of providing distance and azimuthal measurements that cooperate with reflectors with a reasonable expectation of success and with no unexpected results (MPEP 2143(I)(B) "Simple Substitution of One Known Element for Another To Obtain Predictable Results").
Regarding claim 10, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the laser (Markendorf; [0144] lidar range finder 19).
Modified Markendorf is silent regarding wherein the laser is at least one of an amplitude modulated (AM) laser or a pulsed laser.
Examiner hereby takes OFFICIAL NOTICE that at least one of an amplitude modulated (AM) laser or a pulsed laser are well known in the art.
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to substitute the laser as taught by Modified Markendorf with an amplitude modulated (AM) laser or a pulsed laser since both are well known in the art since the different types of lidars are known elements that obtain the predictable result of providing distance and azimuthal measurements that cooperate with reflectors with a reasonable expectation of success and with no unexpected results (MPEP 2143(I)(B) "Simple Substitution of One Known Element for Another To Obtain Predictable Results").
Regarding claim 11, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the optical sensor is a time-resolved image sensor (Markendorf; [0144] APD signal receiving unit 18d).
Regarding claim 15, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the laser portion (Markendorf; lidar range finder 19) and the radar portion (Thackray; radar system 18) are at different positions within the main body portion for which the transmitted laser light and the transmitted radar signals are transmitted from different positions (Markendorf’s lidar range finder 19 does not occupy the same physical space as Thackray’s radar system 18).
Regarding claim 16, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein: the rotator portion comprises a rotation mechanism portion (Markendorf; [0141] “motorized”) having two axes of rotation and configured to independently rotate along the two axes to change the transmission direction of the laser light and the radar signals; and the angle sensor portion comprises: a first angle sensor configured to sense a first rotation angle around a first axis of the two axes of rotation (Markendorf; [0141] “pivoting around the pivot axis 41”); and a second angle sensor configured to sense a second rotation angle around a second axis of the two axes of rotation (Markendorf; [0141] “pivoted around the tilt axis 31”).
Regarding independent claim 17, Modified Markendorf teaches the invention substantially the same as described above as applied to independent claim 1 and dependent claim 4 (for the first 3-dimensional position).
Regarding claim 18, Modified Markendorf teaches the invention substantially the same as described above in reference to claim 2.
Regarding claim 19, Modified Markendorf teaches the invention substantially the same as described above in reference to claim 5.
Regarding claim 20, Modified Markendorf teaches the invention substantially the same as described above in reference to claim 6.
Regarding claim 21, Modified Markendorf teaches the invention substantially the same as described above in reference to claim 15.
Regarding independent claim 22, Modified Markendorf teaches the invention substantially the same as described above as applied to independent claim 1.
Regarding claim 23, Modified Markendorf teaches the invention substantially the same as described above in reference to claim 2.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markendorf et al. US20160252619 in view of Thackray US20060125680 as applied to claim 1 above, and further in view of Yanaka et al. US20070024861.
Regarding claim 12, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the optical sensor is an optical position sensor (Markendorf; [0144] APD signal receiving unit 18d).
Modified Markendorf does not teach wherein the optical sensor is an optical position sensor that comprises at least one of a two-axis photo sensitive detector (PSD) or a quadrant photo diode.
Yanaka teaches wherein the optical sensor is an optical position sensor that comprises at least one of a two-axis photo sensitive detector (PSD) or a quadrant photo diode (Yanaka; [0029] “The position sensitive detector may be a quadrant photodiode (QPD) or a two-dimensional position sensitive detector (PSD)”).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to substitute the optical sensor as taught by Modified Markendorf with quadrant photo diode as taught by Yanaka since the different types of optical sensors are known elements that obtain the predictable result of providing light detection that cooperate with reflectors with a reasonable expectation of success and with no unexpected results (MPEP 2143(I)(B) "Simple Substitution of One Known Element for Another To Obtain Predictable Results").
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markendorf et al. US20160252619 in view of Thackray US20060125680 as applied to claim 1 above, and further in view of Jaeschke et al. US20220278688.
Regarding claim 13, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1, wherein the radar signals (Thackray; radar system 18).
Modified Markendorf does not teach wherein the radar signals are frequency modulated continuous wave (FMCW) radar signals.
Jaeschke teaches wherein the radar signals are frequency modulated continuous wave (FMCW) radar signals (Jaeschke; [0141] “the radar signal generator 35 is designed for generating radar signals for FMCW radar systems”; [0150] FMCW provides “a particularly high precision and stability”).
It would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to modify the radar signals as taught by Modified Markendorf to be frequency modulated continuous wave (FMCW) radar signals as taught by Jaeschke for the purpose of providing “a particularly high precision and stability” (Jaeschke; [0150] FMCW provides “a particularly high precision and stability”).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markendorf et al. US20160252619 in view of Thackray US20060125680 as applied to claim 1 above, and further in view of Brenner et al. US20250004139.
Regarding claim 14, Modified Markendorf teaches the invention substantially the same as described above, and The metrology system of claim 1.
Modified Markendorf does not teach one or more reflective surfaces in the path of the laser light which are configured to direct the laser light to be coaxial with the radar signals.
Brenner teaches one or more reflective surfaces in the path of the laser light which are configured to direct the laser light to be coaxial with the radar signals (Brenner; Fig. 2 and 4; radiation manipulator 130 for LiDAR radiation; [0213] “a coaxial integration of radar and LiDAR”; [0213] “This results in the provision of 3D sensors that have a common field of view. The fusion of the sensor measurement data thus allows the detection of road users using different technologies, which significantly increases the reliability and robustness”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the metrology system as taught by Modified Markendorf to comprise one or more reflective surfaces in the path of the laser light which are configured to direct the laser light to be coaxial with the radar signals as taught by Brenner for the purpose of providing “3D sensors that have a common field of view” (Brenner; [0213] “This results in the provision of 3D sensors that have a common field of view. The fusion of the sensor measurement data thus allows the detection of road users using different technologies, which significantly increases the reliability and robustness”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fullerton US20060028374 teaches using both laser and radar to detect threats.
Kim US20170248693 teaches integrating radar and lidar together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MALIKASIM whose telephone number is (313)446-6597. The examiner can normally be reached M-F; 8 am - 5 pm (CST).
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/JONATHAN MALIKASIM/ Primary Examiner, Art Unit 3645 3/25/26
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