Prosecution Insights
Last updated: July 17, 2026
Application No. 18/370,364

MONITORING ARRANGEMENT FOR AN OPTICAL SYSTEM

Non-Final OA §103§112
Filed
Sep 19, 2023
Priority
Sep 20, 2022 — EU 22196473.7
Examiner
NOEL, JEMPSON
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hexagon AB
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
97 granted / 148 resolved
+13.5% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
29 currently pending
Career history
181
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
91.9%
+51.9% vs TC avg
§102
3.4%
-36.6% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 148 resolved cases

Office Action

§103 §112
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 . This is the first office action on the merits and is responsive to the papers filed 09/19/2023. Claims 1-17 are currently pending and examined below. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Information Disclosure Statement The information disclosure statement submitted by Applicant is in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits. Claim Rejections - 35 USC § 112 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. Claim 8 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. Claim 8,” the absorption filter” lacks antecedent basis. 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, 4, 7, 9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen et al. (US 20200408520 A1, “Jensen”) in view of Fest et al. (US 2016/0103000 A1, “Fest”). Regarding claim 1, Jensen teaches an optical detection unit (Figs. 1 and 2a.) comprising a retro-reflecting element (See at least Figs. 1-2, [0132], [136]; reflector arrangement 20) which provides a reflection surface configured for retro-reflecting a first part of measuring light (Fig.2a. [0142] teaches that the measurement radiation entering the retroreflector is predominantly reflected back in parallel by the geometry of the retroreflector.) as reflected measuring light for providing determination of a position of the optical detection unit (at least [0133]) and a passage surface configured for transmitting a second part of the measuring light as transmitted measuring light ([0142] teaches that a non-reflected part of radiation exits at the rear end of the reflector through passage surface 23 and is incident on mirror 24), a sensor arrangement with a sensor (Fig. 2a, sensor 25) configured and arranged subsequently of the retro-reflecting element so that the transmitted measuring light is detectable by the sensor ([0137] teaches sensor 25 for generating a measurement signal based on acquisition of measurement radiation, and [0145] teaches beam 28 is deflected onto sensor 25 for detection.), Jensen fails to explicitly teach the optical detection unit comprises a referencing assembly with at least one illumination unit configured to emit reference illumination light, the at least one illumination unit is arranged with fixed positional relationship to the retro-reflecting element and/or the sensor arrangement and the referencing assembly is configured and arranged to direct the reference illumination light onto the sensor. However, Fest teaches an optical position encoder in which at least one light source is associated with an optical component and reimaged onto an imaging detector, wherein the position of the image of the light source at the imaging detector encodes the position of the optical component relative to the imaging detector. Fest further teaches that the light source may be an LED and may be attached directly to the optical component or fixed relative to the optical component on a platform. See Fest Abstract, [0003-0004], [0016], [0019-0025], Figs. 1 and 4. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jensen’s retroreflector/sensor arrangement to include Fest’s light-source/image-position encoding arrangement because Jensen already uses a downstream sensor to detect radiation passing through the retroreflector, and Fest teaches using the optical system’s existing detector to determine whether an optical component is in the correct position or has moved, thereby avoiding a separate opto/electromechanical encoder and reducing size, weight, power, and cost. Regarding claim 4, Jensen, in view of Fest, teaches the optical detection unit according to claim 1, wherein the retro-reflecting element having a front boundary surface configured for entry of the measuring light into the retro- reflecting element (Jensen, Fig. 2a, [0136], [0142]. See also, [0058] and claim 28. Jensen teaches a prism/retroreflector with a light entry surface) and a back boundary surface comprising the reflection surface and the passage surface (Fig. 2a, [0136], [0142]. See also, [0035], [0058]- [0059]. Jensen teaches a passage surface opposite the light entry surface as an aperture, and that part of the measurement radiation passes through the reflector while the remainder is reflected back.), wherein the front boundary surface and the back boundary surface are arranged on different sides of the retro-reflecting element (Jensen teaches the passage surface is opposite the light entry surface, [0058] and claim 28.). Regarding claim 7, Jensen, in view of Fest, teaches the optical detection unit according to claim 1, wherein the sensor arrangement comprises at least one wavelength-selective filter (Jensen teaches optical filtering using absorption glasses and/or dielectric interference filters placed in the beam path, for example at the light passage surface or in front of the detector (Jensen, [0159], Fig. 2a.) arranged between the retro-reflecting element and the sensor (Jensen’s filter placement at the light passage surface and/or in front of detector 25 is between the retroreflector passage surface and detector (0159).). Regarding claim 9, Jensen, in view of Fest, teaches the optical detection unit according to claim 1, wherein the at least one illumination unit is configured to emit the reference illumination light with a particular wavelength different from a wavelength of the measuring light (Fest teaches an LED emitting at a selected wavelength or wavelengths in the visible spectrum. Jensen teaches wavelength filtering at the passage surface or in front of the detector, which supports separating different wavelengths reaching the sensor. It would have been obvious to select the Fest reference LED wavelength different from Jensen’s measuring-light wavelength so the sensor/filter can distinguish reference illumination from measuring radiation. See Fest [0020], claim 5; Jensen [0159].). Regarding claim 11, Jensen, in view of Fest, teaches optical detection unit according to claim 1, wherein the optical detection unit comprises a mounting element configured to provide the retro-reflecting element so that the transmitted measuring light is detectable by the sensor (Jensen, Fig. 1, shows the reflector arrangement 20 is mounted on a surveying pole 11 and also sandwiched between 2 supports. See also, Figs. 13a and 13b). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen in view of Fest and Bridges et al. (US 2013/0250285 A1, “Bridges”). Regarding claim 2, Jensen, in view of Fest, fails to explicitly teach the optical detection unit according to claim 1, wherein the referencing assembly is configured and arranged to direct the reference illumination light through the retro- reflecting element onto the sensor, in particular through the passage surface. However, Bridges explains a laser-tracker 6DOF target system in which an aperture is cut into the vertex of a cube-corner retroreflector, and light passing through the aperture strikes a position detector, thereby providing pitch and yaw information. See Bridges [0010] and [0015]. Bridges also teaches a target 400 having a retroreflector 410 and position sensor assembly 430 with position detectors 432, where the laser beam/pattern interacts with the target and position detectors to determine orientation. See Bridges Abstract, [0042], [0064-0069], Figs. 1, 5, 11A-11B. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen’s optical detection unit, to direct the reference illumination through Jensen’s passage surface/aperture as taught by Bridges because Jensen already provides a passage surface through the retroreflector to a downstream sensor and Bridges teaches that light may pass through an aperture in a cube-corner retroreflector to a position detector for orientation measurement. The modification would have predictably used Jensen’s existing through-retroreflector optical path to deliver the reference illumination to the downstream sensor without adding a separate detector or external reference-light path. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen in view of Fest and Halbritter et al. (US 20180088215 A1, “Halbritter”). Regarding claim 3, Jensen, in view of Fest, teaches the optical detection unit according to claim 1, wherein the at least one illumination unit is provided as a light emitting diode (LED) and the LED is directly arranged on the retro-reflecting element (Fest teaches that the light source may be a light emitting diode in a visible-waveband sensor arrangement, and that the optical component has a light source attached thereto and reimaged onto the detector. Fest also shows multiple light sources 160 positioned on/associated with platform or optical component 150 in Fig. 4. See Fest [0003-0004], [0007-0008], [0016], claims 1, 5, 13, 15, Fig. 1.). Jensen, in view of Fest, fails to explicitly teach in particular wherein the LED is an ultra-small LED having a side length of less than 250 µm, in particular less than 200 µm. Halbritter teaches a measuring system with an LED lighting unit having a characteristic longitudinal extent of less than or equal to 100 μm, which is smaller than both 250 μm and 200 μm. Halbritter also teaches that reducing LED chip size or subdividing the chip into individually controllable luminous segments improves switching performance, and discusses a chip with an edge length of approximately 200 μm. See Halbritter Abstract, [0054-0055], Figs. 2-6B and 8C-8D. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jensen’s retroreflector/sensor arrangement, to include an ultra-small LED as taught by Halbritter. Doing so, would have been to provide a compact, low-mass reference illumination source directly on Jensen’s retro-reflecting element, thereby reducing package size and improving fixed positional accuracy between the LED reference source and the retroreflector. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jensen in view of Fest and Jensen et al. (US 2015/0253137 A1, “Jensen 3137”) Regarding claim 10, Jensen in view of Fest, fails to explicitly teach but Jensen 3137 teaches the optical detection unit according to claim 1, wherein the optical detection unit comprises a pattern layer, in particular a code element (Jensen 3137 teaches a sensor arrangement having a code element 31 with a substrate 33 and a code pattern 32 applied onto the substrate ([0096], Fig. 4a). Jensen 3137 also teaches a specific code element 55 having code pattern 53 ([0115], Figs. 5a-5b.)), arranged between the retro- reflecting element and the sensor (Jensen 3137 teaches that the code element and sensor are rigidly connected at a defined spacing, and that the code pattern projection is detected on the sensor ([0018-0024], [0050], [0096-0100], Figs. 4a-4b.). See also, Fig. 6, [0126]; A signal representing the location of the projection (in the case where a code element is used rather than the lens) ), wherein the pattern layer provides a pattern (Jensen 3137 teaches that code element 31 has regions 34a, 34b, where dark regions are opaque and other regions are transmissive for illumination radiation, thereby providing a code pattern ([0096-0100], Fig. 4a. Jensen 3137 also teaches a diagonal code pattern 53 having different stripe directions ([0115-0117], Figs. 5a-5b.)) which is projectable onto the sensor (Jensen 3137 expressly teaches that the code pattern is projectable onto sensor 11 when illuminated, producing a projection corresponding to the code pattern on the sensor ([0099-0100], Fig. 4a). Jensen 3137 further teaches that a projection of code pattern 53 occurs on line sensor 52 upon illumination of code element 55 ([0115], Fig. 5b.)) by means of the transmitted measuring light (Jensen 3137 teaches that illumination radiation 25 may be the measurement radiation, for example laser radiation from a surveying system, and that the code pattern is projected onto the sensor when illuminated ([0097] and [0124-0125].) and/or by means of the reference illumination light. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen’s optical detection unit, to include Jensen 3137’s code element/code pattern in the optical path between the retroreflecting element and the sensor because Jensen already detects transmitted measuring radiation with a downstream sensor and Jensen 3137 teaches that a code pattern projected onto a sensor provides position-sensitive image information for determining inclination/orientation. The modification would have predictably improved the detected reference or transmitted-light image by providing a coded pattern instead of an uncoded light spot, thereby improving the ability to determine displacement, alignment, or state changes of the optical detection unit. Claims 5, 12-15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen in view of Fest and Goldstein (US 2017/0004615 A1, “Goldstein”). Regarding claim 5, Jensen, in view of Fest, teaches the optical detection unit according to claim 4, wherein the at least one illumination unit is arranged on the front boundary surface, (in particular glued or cemented on the front boundary surface). Jensen teaches a retro-reflecting prism having a light entry surface corresponding to the claimed front boundary surface and a passage surface opposite the light entry surface. See Jensen [0151], Fig. 3a, and claim 28. Fest teaches an illumination/light-source arrangement in which light source 160 may be attached directly to the optical component whose position is to be determined and reimaged onto the detector. See Fest [0007-0008], [0024], Figs. 1 and 4. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jensen’s retro-reflecting element to arrange Fest’s light source on the light-entry/front boundary surface because Fest teaches attaching the light source directly to the optical component whose position is to be monitored, and Jensen’s front boundary surface provides a fixed surface of the retro-reflecting element. The modification would have predictably maintained a stable fixed positional relationship between the reference illumination source and the retro-reflecting element so that the reference illumination image could be used to monitor position or alignment. Jensen, in view of Fest, fails to explicitly teach that the illumination unit is glued or cemented on the front boundary surface. However, Goldstein teaches that monitoring components may be temporarily attached using double-sided adhesive tape, or more permanently attached using epoxy or other adhesives, chemical attachment, or mechanical attachment systems ([0055)]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen’s retro-reflecting element to secure the illumination unit on the light-entry/front boundary surface using Goldstein’s adhesive attachment technique. Doing so, would have been a predictable way to maintain the required fixed positional relationship and prevent relative movement between the illumination unit and the retro-reflecting element. Regarding claim 12, Jensen, in view of Fest, teaches an optical system comprising: an optical detection unit according to claim 1 (See the rejection of claim 1) and a controlling and processing unit wherein the controlling and processing unit ((Jensen [0004] teaches modern surveying devices having microprocessors for digital further processing and storage of acquired measurement data, including computer, control, and storage units and a microprocessor display-control unit. Jensen also teaches that the sensor can be a position sensor or image sensor, and that an offset of a beam point of incidence relative to a sensor center can be determined by image processing or focal-point determination. See Jensen, [0181-0183].) comprises a monitoring functionality configured to: provide the reference illumination light by means of the at least one illumination unit (Fest teaches an optical position-encoding system in which light source 160 is located on optical component 150 and directs electromagnetic radiation 165 to detector 130. Fest further teaches that light source 160 may be an emitter, such as an LED, emitting selected wavelength light. See Fest [0019-0020], Fig. 1.), by means of the sensor, acquire image information related to the reference illumination light directed to the sensor (Fest teaches that the light source associated with the optical component is reimaged onto the imaging detector, and the detector acquires an image of that light source. Fest explains that the position of the image of the light source at the detector encodes the position of the optical component relative to the detector. See Fest [0003], [0019], [0025], Figs. 1 and 4.), determine at least one actual image information of an illumination of the sensor provided by the reference illumination light (Fest uses the actual position of the image of the light source on detector 130 to determine the position or alignment of optical component 150 relative to detector 130. Fest further teaches that the position of light source 160 on component 150 may be accurately established during manufacture or setup, so the image position on detector 130 can be used to accurately determine the position/alignment of the component. See Fest [0019]. Fest also teaches that multiple light sources may be used for more accurate position information and may be placed at fixed locations relative to the optical component. See Fest [0024], Fig. 4.), Jensen, in view of Fest, fails to explicitly teach compare the actual image information with a nominal image information for nominal illumination of the sensor by means of the at least one illumination unit, derive a deviation information based on the comparing of the actual image information and the nominal image information, the deviation information being an indication for a state of the optical detection unit, and provide the deviation information. However, Goldstein teaches a projector unit with a diffuse light source, coded mask, and lens, where the projector is aligned with a camera to receive a focused image; shifts in the image indicate relative motion between the camera and projector unit. See Goldstein Abstract. Goldstein further teaches that if either structural component moves, there is corresponding movement of the projected image on the camera, allowing the system to track relative alignment of the structures to which the elements are attached. Goldstein also teaches that the received camera image is compared to a reference image to determine the relative positions of the projector element and camera element, thereby determining alignment between the structural elements. See Goldstein [0038], [0042], Figs. 5A-5C. Goldstein also teaches providing the information because it describes displaying the real-time camera image and tiltmeter information, recording measured image shifts, and using image analysis software to process the measured shifts. See Goldstein [0049]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen, in view of Fest, to include Goldstein’s actual/reference image comparison and deviation-monitoring technique because Fest already teaches imaging a reference light source on a detector to encode optical-component position, and Goldstein teaches comparing a received reference image with a reference image to determine relative position/alignment changes between components. The modification would predictably allow Jensen/Fest’s reference-light image on the sensor to be compared with nominal image information so that deviation information indicating the state/alignment of the retroreflector/sensor arrangement can be derived and provided. Regarding claim 13, Jensen, in view of Fest, teaches an optical system comprising: an optical detection unit according to claim 11 (See the rejection of claim 11) and a controlling and processing unit wherein the controlling and processing unit ((Jensen [0004] teaches modern surveying devices having microprocessors for digital further processing and storage of acquired measurement data, including computer, control, and storage units and a microprocessor display-control unit. Jensen also teaches that the sensor can be a position sensor or image sensor, and that an offset of a beam point of incidence relative to a sensor center can be determined by image processing or focal-point determination. See Jensen, [0181-0183].) comprises a monitoring functionality configured to: provide the reference illumination light by means of the at least one illumination unit (Fest teaches an optical position-encoding system in which light source 160 is located on optical component 150 and directs electromagnetic radiation 165 to detector 130. Fest further teaches that light source 160 may be an emitter, such as an LED, emitting selected wavelength light. See Fest [0019-0020], Fig. 1.), by means of the sensor, acquire image information related to the reference illumination light directed to the sensor (Fest teaches that the light source associated with the optical component is reimaged onto the imaging detector, and the detector acquires an image of that light source. Fest explains that the position of the image of the light source at the detector encodes the position of the optical component relative to the detector. See Fest [0003], [0019], [0025], Figs. 1 and 4.), determine at least one actual image information of an illumination of the sensor provided by the reference illumination light (Fest uses the actual position of the image of the light source on detector 130 to determine the position or alignment of optical component 150 relative to detector 130. Fest further teaches that the position of light source 160 on component 150 may be accurately established during manufacture or setup, so the image position on detector 130 can be used to accurately determine the position/alignment of the component. See Fest [0019]. Fest also teaches that multiple light sources may be used for more accurate position information and may be placed at fixed locations relative to the optical component. See Fest [0024], Fig. 4.), Jensen, in view of Fest, fails to explicitly teach compare the actual image information with a nominal image information for nominal illumination of the sensor by means of the at least one illumination unit, derive a deviation information based on the comparing of the actual image information and the nominal image information, the deviation information being an indication for a state of the optical detection unit, and provide the deviation information. However, Goldstein teaches a projector unit with a diffuse light source, coded mask, and lens, where the projector is aligned with a camera to receive a focused image; shifts in the image indicate relative motion between the camera and projector unit. See Goldstein Abstract. Goldstein further teaches that if either structural component moves, there is corresponding movement of the projected image on the camera, allowing the system to track relative alignment of the structures to which the elements are attached. Goldstein also teaches that the received camera image is compared to a reference image to determine the relative positions of the projector element and camera element, thereby determining alignment between the structural elements. See Goldstein [0038], [0042], Figs. 5A-5C. Goldstein also teaches providing the information because it describes displaying the real-time camera image and tiltmeter information, recording measured image shifts, and using image analysis software to process the measured shifts. See Goldstein [0049]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen, in view of Fest, to include Goldstein’s actual/reference image comparison and deviation-monitoring technique because Fest already teaches imaging a reference light source on a detector to encode optical-component position, and Goldstein teaches comparing a received reference image with a reference image to determine relative position/alignment changes between components. The modification would predictably allow Jensen/Fest’s reference-light image on the sensor to be compared with nominal image information so that deviation information indicating the state/alignment of the retroreflector/sensor arrangement can be derived and provided. Claims 14-15 are method claims corresponding to system claims 12-13. They are rejected for the same reasons. Regarding claim 16, Jensen, in view of Fest and Goldstein teaches the method according to claim 14, wherein based on the provided deviation information, deriving compensation data for the optical detection unit, the compensation data provides information about a state of the retro-reflecting element and/or the sensor arrangement (Goldstein explains that when structural components move, the projected image on the camera moves, allowing the system to track relative alignment of the structures. Goldstein further teaches that a computer processor receives and processes the camera image and tiltmeter data, and that the image from the camera and the tiltmeter measurement are displayed. See Goldstein [0037-0038]. Goldstein also teaches that the shift effects of rotational/tilt motion measured by the tiltmeter can be subtracted from the total image shift so that translational motion can be determined. Goldstein further teaches that image analysis software can receive tiltmeter data and subtract rotational effects from measured shifts in the mask image to isolate relative translational motion of the projector unit and camera. See Goldstein [0048-0049].). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Jensen’s optical detection unit, with Goldstein, to derive compensation data based on the provided deviation information. Doing so, will improve the reliability of the state-monitoring method by converting the detected image deviation into corrected alignment/state information by indicating the state of the retro-reflecting element and/or sensor arrangement. Claims 6, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen in view of Fest and Lake Rick (US 20130237002 A1, “Lake”). Regarding claim 6, Jensen in view of Fest, fails to explicitly teach the optical detection unit according to claim 1, wherein the optical detection unit comprises a spacer which is arranged between the retro-reflecting element and the sensor. Lake teaches the missing spacer. Lake teaches an imager module including an imager pixel array 106, lens element 111, and spacer 109, where spacer 109 maintains lens element 111 at a proper distance from imager pixel array 106 so that light striking lens element 111 is directed appropriately to the imager pixel array. Lake also teaches that spacer 109 may be bonded to the imager die by bonding material such as epoxy. See Lake [0004], Fig. 1. Lake further teaches a finished combination spacer lens wafer having a combination spacer portion 495 that acts as a spacer for separating the lens portion 490 a specific distance from imager pixel array 106. See Lake [0054], Figs. 12A-12B. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jensen’s optical detection unit to include Lake’s spacer between the retro-reflecting element and the sensor. Doing so, would have predictably improved fixed spacing, optical alignment, and assembly repeatability between Jensen’s retro-reflecting element and sensor. Regarding claim 8, Jensen in view of Fest and Lake, teaches the optical detection unit according to claim 6, wherein the reference assembly, in particular the illumination unit, is arranged on the spacer or on the absorption filter. Jensen teaches that optical filtering may be provided using absorption glasses and/or dielectric interference filters, and that these filter elements can be placed in the beam path, for example at the light passage surface or in front of the detector 25. See Jensen [0159]. Fest teaches the missing placement of the illumination unit on a filter/optical component. Fest teaches that a light source may be associated with an optical component and reimaged onto an imaging detector, where the position of the light-source image at the detector encodes the position of the optical component relative to the detector. Fest further teaches that the optical component may be a filter, and that the light source may be an LED. See Fest [0003-0004], [0007-0008]. Fest also expressly teaches that the light source(s) may be attached directly to the optical component 150, and gives an example where optical component 150 is a filter mounted on platform 400 with light sources 160 positioned at fixed locations relative to that filter. See Fest [0024], Fig. 4. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jensen’s optical detection unit so that the reference illumination unit is arranged on Jensen’s absorption/filter element, as taught by Fest. Doing so, would have predictably provided a compact reference-light arrangement fixed to the filter/sensor-side optical structure, allowing the existing detector to monitor alignment or positional changes without adding a separate detector or separate mounting structure. Claim 17 is rejected under 35 U.S.C. §103 as being unpatentable over Michael Vogel (US 2013/0329218 A1, “Vogel”) in view of Suzuki et al. (US 2011/0013294 A1, “Suzuki”). Regarding claim 17, Vogel teaches a method of building an optical detection unit (Fig. 1, [0056], abstract), the method comprising the steps of: providing a sensor arrangement with a sensor (Vogel teaches CCD sensor 50 with receiving surface 51 arranged in an image plane of imaging optics 40. Vogel states that the receiving surface 51 of CCD sensor 50 is arranged in the image plane, and Fig. 1 shows sensor 50 behind lens 40 ([0056], Fig. 1)), providing a retro-reflecting element having a front boundary surface and a back boundary surface (Vogel teaches triple prism 30 serving as a reflector. The incident measurement beams S enter the prism from the front side, and the prism has a vertex region on the opposite side where imaging optics 40/lens 40 is arranged after the vertex is cut off ([0056], Fig. 1)) comprising a reflection surface configured for retro-reflecting a first part of the measuring light as reflected measuring light (Vogel teaches that triple prism 30 serves as a reflector and reflects incident measurement beams S precisely in the direction from which they arrive ([0056], Fig. 1) and a passage surface configured for transmitting a second part of the measuring light as transmitted measuring light (Vogel teaches that the vertex of triple prism 30 is cut off and replaced by lens 40, and that lens 40 focuses incident measurement beams S into image point B on receiving surface 51 of CCD sensor 50. Vogel also teaches that the imaging optics may be integrated centrally in the reflector and that vertices of a triple prism/mirror can be removed and imaging optics arranged there so measurement beams incident on the reflector are also detected by the imaging optics ([0032-0035], [0056], Fig. 1)), wherein the front boundary surface and the back boundary surface are arranged on different sides of the retro-reflecting element (Vogel Fig. 1 shows incident measurement beams S entering the triple prism 30 from the front/incident side, while lens 40 is arranged at the cut-off vertex/back side leading to CCD sensor 50 (Fig. 1 and [0056])), providing a mounting element configured to fix the retro-reflecting element relative to the sensor arrangement so that the transmitted measuring light is detectable by the sensor (Vogel teaches housing 2 as the mounting/fixing structure. The housing 2 accommodates triple prism 30, lens/imaging optics 40, and CCD sensor 50 in a fixed optical arrangement so that beams incident on the reflector are focused by lens 40 onto receiving surface 51 of CCD sensor 50 ([0056], Fig. 1)), providing a pre-arranged retro-reflecting element by arranging the retro-reflecting element and the mounting element so that the retro-reflecting element is provided in a desired and fixed position and orientation relative to the mounting element (Vogel teaches that the spatial arrangement and orientation of the reflector’s optical axis/axis of symmetry 30A relative to the bearing direction P is predetermined. Vogel also teaches that the housing 2 accommodates the triple prism 30 and that the geometry/distance relationships are known in advance (Abstract, [0056], [0059-0060], Fig. 1)), Vogel fails to explicitly teach polishing the retro-reflecting element and the mounting element of the pre-arranged retro-reflecting element as a whole to prepare the passage surface to be perfectly fitted to the sensor arrangement. However, Suzuki teaches bonding original optical elements together first and then grinding them after bonding to form the final optical element. Suzuki specifically teaches that the original concave lens 4 and original convex lens 5 are bonded together, and then the surface of the original convex lens 5 and peripheral portion of the original concave lens 4 are ground together. Suzuki explains that because the optical elements are bonded and then subjected to grinding, the shape accuracy of both surfaces of the resulting cemented optical element is good. See Suzuki [0008], [0032-0036], Figs. 2A-2D. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Vogel by applying Suzuki’s post-assembly grinding/finishing technique because Vogel requires the reflector, imaging optics, and sensor to be held in a precise predetermined optical relationship so that incident measurement beams are focused onto the CCD sensor, and Suzuki teaches that bonding optical elements first and then grinding the bonded assembly provides good final surface shape accuracy. The modification would have predictably improved the fit and optical alignment of Vogel’s cut-off vertex/passage/imaging surface relative to the sensor arrangement. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lerner et al. (US 20060098272 A1), teaches Optically Retro-reflecting Sphere Amir Said (US 20130094712 A1), teaches systems and methods for eye tracking using retroreflector-encoded information Barbier et al. (US 20160063730 A1), teaches Posture detection system with retroreflector comprising a wire-meshing Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEMPSON NOEL whose telephone number is (571) 272-3376. The examiner can normally be reached on Monday-Friday 8:00-5:00. 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, Yuqing Xiao can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JEMPSON NOEL/Examiner, Art Unit 3645 /YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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Prosecution Timeline

Sep 19, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103, §112 (current)

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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
66%
Grant Probability
99%
With Interview (+33.2%)
3y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 148 resolved cases by this examiner. Grant probability derived from career allowance rate.

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