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 1-18 in the reply filed on 3/09/2026 is acknowledged.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 7/17/2023 and 2/24/2025 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (20230100241).
Regarding claim 1, Wang discloses a multi-wavelength active marker for use with a motion-capture system (Fig 16, [0045], speckle-suppressing lighting system 1600), the multi-wavelength active marker (1600) comprising: a first source (1620 (1)) emitting a first light wave having a first wavelength ([0045], solid-state light sources); a second source (1620 (2)) emitting a second light wave having a second wavelength different from the first wavelength ([0047], each light source 1620 has a different center wavelength; lighting system 1600 includes light sources 1620(1), 1620(2), and 1620(3), which emit red, green, and blue light, respectively); a waveguide (1300) with a first end (Fig 16, 1306) and a second end (Fig 16, 1308), wherein: the waveguide (1300) is arranged adjacent the first source (1620 (1)) and the second source (1620 (2))so that the first light wave and the second light wave are transmitted into the first end of the waveguide (Fig 16 shows emissions from 1620 into waveguide 1300); and the waveguide (1300) is shaped to guide the first light wave and the second light wave from the first end to the second end (Fig 16 shows light is guided from end containing sources 1620 to second side containing diffuser 1650); and a diffuser (1650) attached to the second end of the waveguide (Fig 16, [0052]), wherein the diffuser (1650) diffuses and emits the first light wave and the second light wave (Fig 16, [0051], 1640 diffuses light beams 1628 as they propagate toward distal end 1308).
Regarding claim 5, Wang discloses wherein the first source comprises a first LED , and the second source comprises a second LED (Fig 16, [0047], lighting system 1600 includes light sources 1620(1), 1620(2), and 1620(3), which emit red, green, and blue light, respectively).
Regarding claim 9, Wang discloses wherein the diffuser (1650) includes a spherical emission surface (Fig 16, [0052], 1650 may span across the aperture through optical waveguide 1300 defined by inner lateral-surface 1320).
Regarding claim 10, Wang discloses wherein the first light wave and the second light wave are emitted from the diffuser substantially simultaneously (Fig 16, [0051], homogenized beam as a plurality of wavelets emanating from a surface).
Regarding claim 11, Wang discloses wherein the waveguide (1300) is sized and shaped to guide the first light wave and the second light wave through total internal reflection or near total internal reflection (Fig 16, [0053], 1650 is a TIR lens, light beams 1628 undergo multiple diffusion, scattering and mixing before exiting the reflective/diffusive optical waveguide to generate homogeneous, speckle-suppressed white light).
Regarding claim 12, Wang discloses further comprising a shield covering external side surfaces of the waveguide (Fig 16 shows side 1330 above and covering surface 1320 which covers diffuser 1640 that is within waveguide 1300).
Regarding claim 13, Wang discloses wherein the first end of the waveguide includes a first entry surface (Fig 16 shows the surface of each lens of 1620) and a second entry surface (Fig 16 shows the surface of diffuser 1640), and wherein: the first entry surface is aligned with the first source (Fig 16 shows that each lens of 1620 is aligned with diffuser 1640); and the second entry surface is aligned with the second source (Fig 16 shows that each lens of 1620 is aligned with diffuser 1640).
Regarding claim 14, Wang discloses wherein the first light wave and the second light wave exit the second end of the waveguide at a common exit surface of the waveguide (Fig 16 shows light beams 1628 exit diffuser 1640 as a homogenized beam 164).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (20230100241) in view of Dau (20130039090).
Regarding claim 2, Wang discloses the invention as described within claim 1 but does not teach wherein the waveguide converges the first light wave and the second light wave from the first end to the second end. However, within a similar endeavor, Dau teaches wherein the waveguide converges the first light wave and the second light wave from the first end to the second end ([0131], a luminaire 100 for illuminating a target surface can include at least a substrate 110, one or more LEEs 112 disposed on the substrate 110, one or more optical couplers 120, an optional light guide 130; [0176], suitably configured redirecting surfaces 242, 244 may introduce convergence or divergence into the light). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the converging waveguide of Dau with the active marker of Wang for the purpose of improving lighting control (Dau, [0003]).
Regarding claim 3, Wang discloses the invention as described within claim 1 but does not teach wherein the first wavelength includes infrared (IR) or near-IR light, and the second wavelength includes visible light. However, Dau teaches wherein the first wavelength includes infrared (IR) or near-IR light, and the second wavelength includes visible light ([0074], (LEE), also referred to as a light emitter, is used to define any device that emits radiation in one or more regions of the electromagnetic spectrum from among the visible region, the infrared region and/or the ultraviolet region, when activated; [0157], secondary reflector 150 may include an areal light source, for example a light-emitting sheet based on a plurality of discrete light sources or organic light emitting diode material). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the converging waveguide of Dau with the active marker of Wang for the purpose of improving lighting control (Dau, [0003]).
Regarding claim 4, Wang discloses the second wavelength consists of red light ([0047], each light source 1620 has a different center wavelength; lighting system 1600 includes light sources 1620(1), 1620(2), and 1620(3), which emit red) but does not teach wherein the first wavelength consists of IR light. However, Dau teaches wherein the first wavelength consists of IR light ([0074], (LEE), also referred to as a light emitter, is used to define any device that emits radiation in one or more regions of the infrared region and/or the ultraviolet region, when activated). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the converging waveguide of Dau with the active marker of Wang for the purpose of improving lighting control (Dau, [0003]).
Regarding claim 6, Wang discloses the second LED comprises a visible light LED Fig 16, [0047], lighting system 1600 includes light sources 1620(1), 1620(2), and 1620(3), which emit red, green, and blue light, respectively) but does not teach wherein the first LED comprises an IR LED or a near-IR LED. However, Dau teaches wherein the first LED comprises an IR LED or a near-IR LED ([0074], (LEE), also referred to as a light emitter, is used to define any device that emits radiation in one or more regions of the infrared region and/or the ultraviolet region, when activated). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the converging waveguide of Dau with the active marker of Wang for the purpose of improving lighting control (Dau, [0003]).
Regarding claim 7, Wang discloses wherein the first source is located adjacent to the second source (Fig 16, [0046], light sources 1620(1) and 1620(2) are optically coupled to optical waveguide 1300 near proximal end 1306) but does not teach wherein the first source and the second source are mounted on a printed circuit board (PCB). However, Dau teaches wherein the first source and the second source are mounted on a printed circuit board (PCB) (Fig 43, [0302], layers 4312, 4320 and 4328 are combined into sheets with suitably interconnected LEEs; 4312 including a printed circuit board (PCB) panel may be configured to provide predetermined electrical, mechanical and thermal properties and interconnect functionalities). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the converging waveguide of Dau with the active marker of Wang for the purpose of improving lighting control (Dau, [0003]).
Allowable Subject Matter
Claims 8 and 15-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to dependent claim 3, the prior art of Wang taken either singly or in combination with any other prior art fails to suggest such a multi-wavelength active marker including the specific arrangement: “wherein the diffuser is sized and shaped so that the first and second wavelengths are emitted from the diffuser with an emission angle of more than 180 degrees”.
Specifically, with respect to dependent claim 15, the prior art of Wang taken either singly or in combination with any other prior art fails to suggest such a multi-wavelength active marker including the specific arrangement: “comprising a calibration wand having one or more of the multi-wavelength active marker of claim 1”. Claims 16-18 are allowable due to pendency on dependent claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abu-Ageel (7379651), Chaves (20060239006), and Magarill (20050254019) are examples of a system has a light source producing illumination with a non-radially symmetrical angular intensity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872
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