Prosecution Insights
Last updated: April 19, 2026
Application No. 18/390,745

ADAPTIVE EMITTER AND RECEIVER FOR LIDAR SYSTEMS

Non-Final OA §102§103§DP
Filed
Dec 20, 2023
Examiner
HELLNER, MARK
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hesai Technology Co. Ltd.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1339 granted / 1477 resolved
+38.7% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
38 currently pending
Career history
1515
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1477 resolved cases

Office Action

§102 §103 §DP
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. Information Disclosure Statement The information disclosure statement filed 2/27/2025 has been considered by the examiner. Drawings The drawings filed 12/20/2023 are approved by the examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claims 21-47 are rejected on the ground of nonstatutory double patenting a s being unpatentable over claims 1-29 of U SPN 10,983,197. Although the claims at issue are not identical, they are not patentably distinct from each other because : With respect to claim 21, the claims of USPN 10,983,197 teach or suggest: A light detection and ranging system [ taught by line 1 of claim 1 of USPN 10,983,197 ] comprising: an array of emitters, wherein each of the emitters is individually addressable to emit a multi- pulse sequence into a three-dimensional environment, wherein at least a subset of the emitters are configured to emit multi-pulse sequences concurrently according to an emission pattern, wherein the emission pattern comprises an address of an emitter to be activated and a temporal profile [ taught by claim 4 of USPN 10,983,197 ] of a multi-pulse sequence emitted by the emitter [ taught by lines 2-7 of claim 1 of USPN 10,983,197 ] ; an array of photosensors, wherein each of the photosensors is individually addressable, wherein at least a subset of the photosensors are configured to receive light pulses according to a sensing pattern, wherein each photosensor of the subset of photosensors is configured to detect light pulses returned from the three-dimensional environment and generate an output signal for a pixel that is indicative of an amount of optical energy associated with at least a subset of the light pulses, wherein the sensing pattern comprises an address of a photosensor to be enabled, and one or more parameters for selecting the subset of the light pulses for accumulating the subset of the light pulses to generate the output signal for the pixel [ taught by lines 8-17 of claim 1 of USPN 10,983,197 ] ; one or more processors electrically coupled to the array of emitters and the array of photosensors, wherein the one or more processors are configured to generate the emission pattern and the sensing pattern based on one or more real-time conditions [ taught by lines 24-28 of claim 1 of USPN 10,983,197 ] . Claim 22 is taught by lines 18-22 of claim 1 of USPN 10,983,197. Claim 23 is taught by claim 2 of USPN 10,983,197. Claim 24 is taught by claim 3 of USPN 10,983,197. Claim 25 is taught by claim 4 of USPN 10,983,197. Claim 26 is taught by claim 6 of USPN 10,983,197. Claim 27 is taught by claim 7 of USPN 10,983,197. Claim 28 is taught by claim 9 of USPN 10,983,197. Claim 29 is taught by claim 10 of USPN 10,983,197. Claim 30 is taught by claim 11 of USPN 10,983,197. Claim 31 is taught by claim 12 of USPN 10,983,197. Claim 32 is taught by claim 13 of USPN 10,983,197. Claim 33 is taught by claim 28 of USPN 10,983,197. Claim 34 is taught by claim 29 of USPN 10,983,197. With respect to claim 35, the claims of USPN 10,983,197 teach or suggest: A method for providing an adaptive control of a light detection and ranging system [ taught by line 1 of claim 14 of USPN 10,983,197 ] , the method comprising: generating an emission pattern and a sensing pattern based on one or more real-time conditions [ taught by lines 3-4 of claim 14 of USPN 10,983,197 ] ; activating, according to the emission pattern, at least a subset of emitters from an array of emitters to emit multi-pulse sequences concurrently, wherein each emitter of the array of emitters is individually addressable to emit a multi-pulse sequence into a three-dimensional environment [ taught by lines 5-10 of claim 14 of USPN 10,983,197 ] ; and enabling, according to the sensing pattern, at least a subset of photosensors from an array of individually addressable photosensors to receive light pulses, wherein each photosensor of the subset of photosensors is configured to detect light pulses returned from the three-dimensional environment and generate an output signal for a pixel that is indicative of an amount of optical energy associated with at least a subset of the light pulses [ taught by lines 11-18 of USPN 10,983,197 ] ; wherein the emission pattern comprises an address of an emitter to be activated and a temporal profile of a multi-pulse sequence emitted by the emitter, the sensing pattern comprises an address of a photosensor to be enabled [ taught by claim 17 of USPN 10,983,197 ] , and one or more parameters for selecting the subset of the light pulses for accumulating the subset of the light pulses to generate the output signal for the pixel [ taught by claim 21 of USPN 10,983,197 ] . Claim 36 is taught by lines 19-24 of claim 14 of USPN 10,983,197. Claim 37 is taught by claim 15 of USPN 10,983,197. Claim 38 is taught by claim 16 of USPN 10,983,197. Claim 39 is taught by claim 18 of USPN 10,983,197. Claim 40 is taught by claim 19 of USPN 10,983,197. Claim 41 is taught by claim 20 of USPN 10,983,197. Claim 42 is taught by claim 22 of USPN 10,983,197. Claim 43 is taught by claim 23 of USPN 10,983,197. Claim 44 is taught by claim 24 of USPN 10,983,197. Claim 45 is taught by claim 25 of USPN 10,983,197. Claim 46 is taught by claim 26 of USPN 10,983,197. Claim 47 is taught by claim 29 of USPN 10,983,197. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim s 21, 23, 24, 26, 27, 29-31, 35, 37, 38, 40, 41, and 43-45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Finkelstein et al (United States Patent Application Publication No. (2019/0310375) . With respect to claim 21, Finkelstein et al disclose: A light detection and ranging system [ taught by figure 1 ] comprising: an array of emitters [ taught by emitter array (115) ] , wherein each of the emitters is individually addressable [ taught by control circuit (105) in light of figure 6 ] to emit a multi-pulse sequence into a three-dimensional environment [ paragraph [0024] states , “… In some embodiments the control circuit implements an algorithm or circuitry whereby, even if a highly reflective target is imaged or detected at a zone of illumination in the field of view, the control circuit is configured to generate a periodic pulse or sequence of pulses to operate the emitter elements having a spatial location that corresponds to the zone to emit higher power light in order to check or detect whether less reflective targets may be present in that zone…” ] , wherein at least a subset of the emitters are configured to emit multi-pulse sequences concurrently according to an emission pattern [ taught by figure 6, #605 ] , wherein the emission pattern comprises an address of an emitter to be activated [ the control circuit (105) in light of figure 6 ] and a temporal profile of a multi-pulse sequence emitted by the emitter [ paragraph [0038] states, “… In particular, embodiments of the present disclosure provide emitters and associated control circuits that are configured to adaptively adjust output power of one or more emitter elements of the emitter array, for example, respective sub-arrays of the emitter array, based on the detection signals from one or more detector elements of the detector array and a known spatial correlation of or correspondence between the individual emitter and detector elements (or sub-arrays thereof) with respect to the field of view…” – adjusting output power meets controlling a temporal profile ] ; an array of photosensors [ taught by detector array (110) ] , wherein each of the photosensors is individually addressable [ taught by figure 2 ] , wherein at least a subset of the photosensors are configured to receive light pulses according to a sensing pattern [ shown by figures 3 and 4 ] , wherein each photosensor of the subset of photosensors is configured to detect light pulses returned from the three-dimensional environment and generate an output signal for a pixel that is indicative of an amount of optical energy associated with at least a subset of the light pulses [ met by the operation of the individual detectors being divided into subsets as shown by figure 4 ] , wherein the sensing pattern comprises an address of a photosensor to be enable d , and one or more parameters for selecting the subset of the light pulses for accumulating the subset of the light pulses to generate the output signal for the pixel [ paragraph [0058] teaches enabling a subset of the detectors based on the reflectance of a target ] ; one or more processors electrically coupled to the array of emitters and the array of photosensors, wherein the one or more processors are configured to generate the emission pattern and the sensing pattern based on one or more real-time conditions [ taught by control circuits (105) and (205) ] . Claim 35 is anticipated by the subject matter of Finkelstein et al, as applied to claim 21. Claim s 23 and 37 are taught by paragraph [0005]. Claim s 24 and 38 are taught by the driver (116) in figure 1. Claim s 26 and 40 are taught by figure 5. Paragraph [0003] teaches using an SPAD array for photodetection, thus meeting claim s 27 and 41 in that an activated SPAD includes an active region. Paragraph [0051] teaches feedback control from the detectors to control the emitters, thus teaching claim s 2 9 and 43 . With regard to claim s 30 and 44 , the device of Finkelstein et al determines the distance or range points corresponding to the 3D surface of a target object, thus meeting being within a pre-determined distance threshold – the maximum target range. Claim s 31 and 45 are taught by paragraph [0015]. 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. Clai ms 25 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Finkelstein et al (United States Patent Application Publication No. (2019/0310375) . Paragraph [0038] of Finkelstein et al states, “… In particular, embodiments of the present disclosure provide emitters and associated control circuits that are configured to adaptively adjust output power of one or more emitter elements of the emitter array, for example, respective sub-arrays of the emitter array, based on the detection signals from one or more detector elements of the detector array and a known spatial correlation of or correspondence between the individual emitter and detector elements (or sub-arrays thereof) with respect to the field of view… . Therefore, it would have been obvious for a person of ordinary skill in the art to have had a reasonable expectation of success in adapting the device of Finkelstein et al to have met the limitations of claims 25 or 39 because controlling the amplitude, rate or width of emitted pulse was a known way to control output power. Allowable Subject Matter Upon filing of a terminal disclaimer, claims 22, 28, 32-34, 36, 42, 46 and 47 would be 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. Any inquiry concerning this communication should be directed to FILLIN "Insert the name of the examiner designated to be contacted first regarding inquiries about the Office action." \* MERGEFORMAT MARK HELLNER at telephone number FILLIN "Insert the individual area code and phone number of the examiner to be contacted." \* MERGEFORMAT (571)272-6981 . Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. /MARK HELLNER/ Primary Examiner, Art Unit 3645
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Prosecution Timeline

Dec 20, 2023
Application Filed
Mar 01, 2026
Non-Final Rejection — §102, §103, §DP (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
91%
Grant Probability
99%
With Interview (+8.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1477 resolved cases by this examiner. Grant probability derived from career allow rate.

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