Prosecution Insights
Last updated: April 19, 2026
Application No. 18/374,768

LASER INSPECTION AND MEASUREMENT SYSTEMS AND METHODS

Non-Final OA §102§103§112
Filed
Sep 29, 2023
Examiner
MERLIN, JESSICA M
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
3D AT Depth Inc.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
To Grant
85%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
714 granted / 1158 resolved
-6.3% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
55 currently pending
Career history
1213
Total Applications
across all art units

Statute-Specific Performance

§103
61.8%
+21.8% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1158 resolved cases

Office Action

§102 §103 §112
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 . 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. Election/Restrictions Claims 6, 7, and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse of Species 1a and 2a in the reply filed on November 10, 2025. Claim Objections Claim 16 is objected to because of the following informalities. In regard to claim 16, in the second to last line of the claim, the word, “se1cond” should be replaced with “second” in order to correct what appears to be a typographical error. Appropriate correction is required. 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 17 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. In regard to claim 17, the limitation, “where the cube of glass or transparent material is disposed symmetrically about the first axis” renders the scope of the claim unclear. Namely, “the cube . . .” lacks antecedent basis. Further, it is not clear if said “cube” is the reflector, as set forth in claim 1, or if it is being introduced as an additional element. For examination purposes, it is presumed that the reflector of claim 1 comprises the cube of claim 17. Claim Rejections - 35 USC § 102 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. Claims 1, 2, 9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baeg et al. (US 2014/0111812 A1). In regard to claim 1, Baeg et al. discloses a lidar system (denoted “3D scanning system”, see e.g. paragraph [0013]), comprising (see e.g. Figures 1-4): a housing (i.e. including first case 111, second case 121, ring-shaped stator 131, cover 210, see e.g. paragraphs [0054]-[0057]) and Figure 3); a window 121a, 122a (denoted “first and second light emitting holes”, see e.g. Figures 1-4 and paragraph [0058]) disposed in the housing (i.e. including 111, 121, 131, 210 where the windows are in element 210, see e.g. paragraph [0058] and Figures 1-4), wherein the window 121a, 122a allows light of at least a selected wavelength to pass between an interior of the housing and an exterior of the housing (see e.g. Figures 1-4 and paragraph [0058] where it is noted that the first and second light emitting holes 121a, 122 emit pulsed laser light from light source 120); a scanning mechanism (see e.g. paragraph [0054] for scanning system), including: a hollow-core motor 130 (denoted “hollow shaft motor”, see e.g. paragraph [0054] and Figures 1-4); and a reflector 250 (denoted “light splitting module”, see e.g. paragraph [0054] and Figures 1-4), wherein the motor is operational to spin the reflector about a first axis (see e.g. paragraph [0054] and note that the reflector is part of the “rotating part 200” of the scanning system); a light source 122 (denoted “light emission unit”, see e.g. paragraph [0056] and Figure 4), wherein the light source 122 produces light (see e.g. paragraph [0056] for light emission), wherein the light source 122 is configured to direct the light along or adjacent to the first axis to the reflector 250 (see e.g. Figure 4 and paragraphs [0056], [0059] and note the light emission is upward along an axis at least parallel to an axis of the reflector 250), and wherein the light is reflected by the reflector 250 through the window 121a, 122a (see e.g. Figures 1-4 and paragraph [0063] for splitting of light and directing toward windows 121a, 122a). In regard to claim 2, Baeg et al. discloses the limitations as applied to claim 1 above, and wherein the housing (i.e. including 111, 121, 131, 210) includes an endcap 210 (denoted “cover”, see e.g. paragraph [0054] and Figures 1-4), and wherein the window 121a, 122a is disposed in the endcap 210 (see e.g. paragraph [0058 and Figures 1-4). In regard to claim 9, Baeg et al. discloses the limitations as applied to claim 1 above, and wherein the light produced by the light source 122 and directed along or adjacent to the first axis passes through a center portion of the hollow-core motor 130 (see e.g. Figure 4 and paragraph [0059]). In regard to claim 11, Baeg et al. discloses the limitations as applied to claim 1 above, and wherein the reflector 250 includes: a cube 252 of glass (denoted “beam splitter”, see e.g. paragraph [0063]) or transparent material (see e.g. Figures 5 and 6 and paragraph [0063] and note that element 252 transmits light and must at least be transparent to those wavelengths); and a reflector surface disposed within the cube of glass or transparent material 252 (see e.g. paragraph [0063] and note that a beam splitter inherently has a reflective surface in order to split the light). 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 3-5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Baeg et al. (US 2014/0111812 A1) in view of Nootz et al. (US 2022/0326356 A1). In regard to claim 3, Baeg et al. discloses the limitations as applied to claim 2 above, but fails to disclose wherein the window is cylindrical in form and protrudes from the endcap, and wherein the window includes a lateral transmissive portion. However, Nootz et al. discloses wherein the window 14 (denoted “first transparent portion”, see e.g. paragraph [0039] and Figure 2) is cylindrical in form (see e.g. paragraph [0039] for cylindrical shape) and protrudes from the endcap 50 (denoted “first cylindrical portion”, see e.g. paragraph [0039] and Figure 2), and wherein the window 14 includes a lateral transmissive portion (see e.g. Figure 2 and note the window extends laterally). Given the teachings of Nootz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with wherein the window is cylindrical in form and protrudes from the endcap, and wherein the window includes a lateral transmissive portion. Providing a cylindrical window allow for a larger range of viewing angles in the device. In regard to claim 4, Baeg et al. discloses the limitations as applied to claim 3 above, but fails to disclose wherein the window defines an interior volume in which the reflector is received. However, Nootz et al. does disclose an interior volume in which a scanner 88 is received (see e.g. paragraph [0046] and Figures 2-3). Given the teachings of Nootz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with wherein the window defines an interior volume in which the reflector is received. Providing the scanner in a volume defined by the transmissive portion/window, allows light to be directed outward from the director through the transmission portion for detection of objects. In regard to claim 5, Baeg et al. discloses the limitations as applied to claim 4 above, but fails to disclose wherein the window enables a full 360° field of view about the first axis. However, Nootz et al. discloses wherein the window 14 enables a full 360° field of view about the first axis (see e.g. paragraph [0046] where a scanning angle of 360° is noted). Given the teachings of Nootz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with wherein the window enables a full 360° field of view about the first axis. Providing a 360° field of view or scanning range allows objects to be detected in a larger field of view. In regard to claim 18, Baeg et al. discloses the limitations as applied to claim 1 above, but fails to disclose wherein the housing is a submersible housing, wherein the light source and the reflector are disposed within the submersible housing, and wherein the submersible housing is operatively connected to a control system by an intermediate member. However, Nootz et al. discloses using the lidar device underwater (see e.g. paragraph [0038] and note that if the device is configured for underwater use the housing is considered submersible). It is further noted that the Baeg et al. discloses use of a control board (see e.g. paragraph [0035]). Given the teachings of Nootz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with wherein the housing is a submersible housing, wherein the light source and the reflector are disposed within the submersible housing, and wherein the submersible housing is operatively connected to a control system by an intermediate member. Providing the scanning configuration in submersible housing would allow the device to be usable in underwater applications. Further connection of the device to a control board would provide a means for controlling the scanner. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Baeg et al. (US 2014/0111812 A1) in view of Nootz et al. (US 2022/0326356 A1) and further in view of Yao et al. (CN 110208818, of which an English translation is attached). In regard to claim 8, Baeg et al., in view of Nootz et al., discloses the limitations as applied to claim 5 above, but fails to disclose wherein the reflector directs a first component of the light from the light source within the 360° field of view about the first axis, and wherein the reflector passes a second component of the light from the light source along a line that is parallel to the first axis through an end surface of the window. However Yao et al. discloses a housing with a cap that has a front transmission window 1 and a lateral window 3 (see e.g. page 6, last three paragraphs of the translation). One of ordinary skill would recognize incorporating the configuration of Baeg et al., in view of Nootz et al., into a device with ore transmission windows would allow detection of objects in a larger field of view. Given the teachings of Yao et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al., in view of Nootz et al., with wherein the reflector directs a first component of the light from the light source within the 360° field of view about the first axis, and wherein the reflector passes a second component of the light from the light source along a line that is parallel to the first axis through an end surface of the window. By using an additional forward light path, a larger field of view may be obtained by the device. Claims 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Baeg et al. (US 2014/0111812 A1). In regard to claim 12, Baeg et al. discloses the limitations as applied to claim 11 above, but fails to disclose wherein the reflector includes first and second cubes of glass or transparent material, wherein the first cube includes a first reflector to direct light along a first line of sight relative to the first axis, and wherein the second cube includes a second reflector to direct light along a second line of sight relative to the first axis. However, Baeg et al. does disclose a first cube 252 of glass (denoted “beam splitter”, see e.g. paragraph [0063]) or transparent material (see e.g. Figures 5 and 6 and paragraph [0063] and note that element 252 transmits light and must at least be transparent to those wavelengths) coaxial with the emitted light. Baeg et al. further discloses reflectors 253a,b for directing light along different paths (see e.g. paragraph [0063] and Figures 5-6). One of ordinary skill would recognize a second cube with a second reflector is an art recognized equivalent of the reflectors mirrors 253a,b. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with wherein the reflector includes first and second cubes of glass or transparent material, wherein the first cube includes a first reflector to direct light along a first line of sight relative to the first axis, and wherein the second cube includes a second reflector to direct light along a second line of sight relative to the first axis. Providing a beam splitting cube as an art recognized equivalent component would allow to be directed along a desired direction. In regard to claim 13, Baeg et al. discloses the limitations as applied to claim 12 above, and wherein, relative to the first axis, the first line of sight is radially offset from the second line of sight (see e.g. Figure 5 and note that the light path is a least radially offset from the center axis). In regard to claim 14, Baeg et al. discloses the limitations as applied to claim 12 above, and wherein the first reflector 252 reflects light of at least a first wavelength, and wherein the second reflector 253a or b reflects light of at least a second wavelength (see e.g. paragraph [0063] and Figure 4 and note that the first reflector will reflect both wavelengths and the second will at least reflect the second wavelength). In regard to claim 15, Baeg et al. discloses the limitations as applied to claim 12 above, and wherein the reflector 252 reflects light of a first initial polarization, and wherein the second reflector 253a or b reflects light of a second initial polarization (see e.g. paragraph [0063] and Figure 4 and note that both polarizations are capable of being reflected by both reflectors). In regard to claim 17, Baeg et al. discloses the limitations as applied to claim 1 above, and wherein the cube 252 of glass or transparent material is disposed symmetrically about the first axis (see e.g. Figure 5 where the cube is in the center of the device). Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nootz et al. (US 2022/0326356 A1) in view of Baeg et al. (US 2014/0111812 A1). In regard to claim 19, Nootz et al. discloses a method for scanning an underwater scene (see e.g. paragraph [0038] and note that if the device is configured for underwater use), comprising: providing a submersible housing, the submersible housing including (see e.g. paragraph [0038] and note that if the device is configured for underwater use the housing is considered submersible): a window 14 (denoted “first transparent portion”, see e.g. paragraph [0039] and Figure 2); and a scanning mechanism 88 (see e.g. Figures 2-4 and paragraph [0046]). Nootz et al. fails to disclose the scanning mechanism including a hollow core motor and a reflector; operating the motor to rotate the reflector about a first axis; and passing a beam of light through the hollow core motor and to the reflector, wherein the reflector is operable to scan an area within a first field of view. However, Baeg et al. discloses the scanning mechanism (see e.g. paragraph [0054] for scanning system) including a hollow core motor 130 (denoted “hollow shaft motor”, see e.g. paragraph [0054] and Figures 1-4) and a reflector 250 (denoted “light splitting module”, see e.g. paragraph [0054] and Figures 1-4); operating the motor 130 to rotate the reflector 250 about a first axis (see e.g. paragraph [0054] and note that the reflector is part of the “rotating part 200” of the scanning system); and passing a beam of light through the hollow core motor 130 and to the reflector 250 (see e.g. Figure 4 and paragraph [0059]), wherein the reflector 250 is operable to scan an area within a first field of view (see e.g. paragraph [0059] and note the rotation of the reflector 250 will define a field of view). Given the teachings of Baeg et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nootz et al. with the scanning mechanism including a hollow core motor and a reflector; operating the motor to rotate the reflector about a first axis; and passing a beam of light through the hollow core motor and to the reflector, wherein the reflector is operable to scan an area within a first field of view. Providing a rotating scanner and hollow core motor to operate the scanner allows the beam to traverse the housing a reach the scanner and to scan a larger field of view. In regard to claim 20, Nootz et al. discloses a system 10 (denoted “imaging system”, see e.g. paragraph [0038]), comprising (see e.g. Figures 1-4): a vehicle (see e.g. paragraph [0038] for underwater vehicle); a lidar system (see e.g. paragraphs [0003], [0053] for lidar), the lidar system including (see e.g. Figures 1-4): a submersible housing, the submersible housing including (see e.g. paragraph [0038] and note that if the device is configured for underwater use the housing is considered submersible): a light source 18 (see e.g. paragraph [0036]), wherein the light source 18 produces a beam of light 20 that is directed along a first axis (see e.g. paragraph [0036] and Figure 2 for light 20 being emitted along an axis); a window 14 (denoted “first transparent portion”, see e.g. paragraph [0039] and Figure 2). Nootz et al. fails to disclose a hollow core motor; a reflector, wherein the reflector is joined to the hollow core motor and is rotated about the first axis, wherein the reflector directs light received from the light source across a first field of view. However, Baeg et al. discloses a hollow core motor 130 (denoted “hollow shaft motor”, see e.g. paragraph [0054] and Figures 1-4); a reflector 250 (denoted “light splitting module”, see e.g. paragraph [0054] and Figures 1-4), wherein the reflector 250 is joined to the hollow core motor 130 and is rotated about the first axis see e.g. paragraph [0054] and note that the reflector is part of the “rotating part 200” of the scanning system), wherein the reflector 250 directs light received from the light source 122 (denoted “light emission unit”, see e.g. paragraph [0056] and Figure 4) across a first field of view (see e.g. Figures 1-4 and paragraph [0059] and note that the field of view will be based on the range of rotation of the reflector/rotating portion). Given the teachings of Baeg et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baeg et al. with a hollow core motor; a reflector, wherein the reflector is joined to the hollow core motor and is rotated about the first axis, wherein the reflector directs light received from the light source across a first field of view. Providing a rotating scanner and hollow core motor to operate the scanner allows the beam to traverse the housing a reach the scanner and to scan a larger field of view. Allowable Subject Matter Claim 16 is 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. In regard to claim 16, the closest prior art references fail to disclose, either singly or in combination, all of the limitations of claim 16, including the limitations, “wherein the reflector includes: a first reflector surface, wherein the reflector surface transmits light of a first polarization and reflects light of a second polarization, wherein the first reflector surface is disposed along and at an angle to the first axis, and wherein a first side of the first reflector surface facing the light source defines a first field of view; a second reflector surface, wherein the second reflector surface is disposed on a side of the first reflector surface opposite the light source and perpendicular to the first axis; and a quarter wave plate, wherein the quarter wave plate is between the first reflector surface and the second reflector surface, wherein light of the second polarization is passed by the first reflector surface, passed a first time through the quarter wave plate, reflected by the second reflector surface, passed a second time through the quarter wave plate, thereby converting the light reflected by the second reflector surface to the second polarization, and reflected by a second side of the first reflector surface facing the second reflector, wherein the second side of the reflector defines a second field of view.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M MERLIN whose telephone number is (571)270-3207. The examiner can normally be reached Monday-Thursday 7:00AM-5:00PM. 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, Jennifer Carruth can be reached at (571) 272-9791. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSICA M MERLIN/Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Sep 29, 2023
Application Filed
Mar 04, 2026
Non-Final Rejection — §102, §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
62%
Grant Probability
85%
With Interview (+23.6%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 1158 resolved cases by this examiner. Grant probability derived from career allow rate.

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