Prosecution Insights
Last updated: July 17, 2026
Application No. 18/423,453

TESTER, SYSTEM, AND METHOD FOR TESTING AN OPTICAL SENSOR

Non-Final OA §102§103
Filed
Jan 26, 2024
Examiner
RICHTER, KARA MARIE
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rohde & Schwarz GmbH & Co. KG
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
1y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
10 granted / 17 resolved
-9.2% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
36 currently pending
Career history
67
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
95.3%
+55.3% vs TC avg
§102
1.2%
-38.8% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 17 resolved cases

Office Action

§102 §103
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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 26 January 2024 by the applicant has been considered and is included in the file. 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. (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) 1-15, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Tan et al. (hereinafter Tan, US 20210373137 A1). Regarding claims 1 and 20, Tan anticipates a tester and a method for testing an optical sensor, comprising: an optical input configured to receive an optical signal from the optical sensor ([0039] - [0041]; Fig. 2, where optical front end (210) includes optical collection lenses (212) to receive signals from lidar device under test (DUT) and convey these signals to the simulator (214)), an optical modification unit configured to optically modify and/or delay the optical signal to form a modified and/or delayed optical signal ([0029], [0039] - [0041], [0044]; Fig. 2, simulator (214) includes a plurality of optical and/or electrical delay devices in addition to other components), and an optical output configured to transmit the modified and/or delayed optical signal to the optical sensor ([0039] - [0043]; Fig. 2, where optical front end (210) includes optical transmitter lenses (220) to receive signals from the simulator (214) and return to the DUT (204)), wherein the optical signal is modified and/or delayed according to a certain number of times to form the modified and/or delayed optical signal ([0058] - [0060], [0070] - [0076];Figs. 5B, 5C where delay characteristics of the simulator may be determined by a number of delay elements in series or by selection of one or more delay elements via a switch (571, 572)). Regarding claim 2, Tan anticipates the tester according to claim 1, wherein the optical signal is modified and/or delayed in an exclusively optical manner to form the modified and/or delayed optical signal ([0029], [0039] - [0041], [0044]; Fig. 2, simulator (214) may include only a plurality of optical delay devices in addition to other components). Regarding claim 3, Tan anticipates the tester according to claim 1, wherein the optical signal is modified and/or delayed in a repeatable or repeated manner to form the modified and/or delayed optical signal ([0058] - [0060], [0070] - [0076];Figs. 5B, 5C where delay characteristics of the simulator may be determined by a number of delay elements in series or by selection of one or more delay elements via a switch (571, 572), and where a specific delay path may be used repeatedly for a specific simulated delay, or signals may be returned along a specific path, such as Ch1 (564), through switch (571) to switch (572) to delay line 1 (576), and then returned along the same, or different, path). Regarding claims 4 and 5, Tan anticipates the tester according to claim 1, wherein the optical input comprises an optical path selector switch especially for selection between an input path, preferably for inputting the optical signal, and a modification path, preferably coming from and/or leading to the optical modification unit, wherein the optical path selector switch comprises or is an optical polarizing element and/or an optical polarizing beam splitter and/or a chopper wheel, especially an optical chopper wheel, and/or an optical and/or mechanical switch and/or an electro-optical switch and/or a micro-electromechanical system ([0070] - [0076] ;Fig. 5C where a first optical switch (571) comprises multiple double optical switches (574), and which links input channels (564...570) from the DUT to the delay elements (562) and (576-580) via a second optical switch (572)). Regarding claims 6 and 7, Tan anticipates the tester according to claim 1, wherein the optical output comprises an optical path selector switch especially for selection between an output path, preferably for outputting the modified and/or delayed optical signal, and a modification path, preferably coming from and/or leading to the optical modification unit, wherein the optical path selector switch comprises or is an optical polarizing element and/or an optical polarizing beam splitter and/or a chopper wheel, especially and optical chopper wheel, and/or an optical and/or mechanical switch and/or an electro-optical switch and/or a micro-electromechanical system ([0070] - [0076] ;Fig. 5C where a first optical switch (571) comprises multiple double optical switches (574), and which links output channels (564...570) from the DUT to the delay elements (562) and (576-580) via a second optical switch (572)). Regarding claim 8, Tan anticipates the tester according to claim 1, wherein the optical input and the optical output are configured as a combined optical input-output ([0039] - [0043]; Fig. 2, where optical front end (210) includes both optical collection lenses (212) and optical transmitter lenses (220) to receive signals from the DUT, pass through to the simulator (214), and return the signals to the DUT (204)). Regarding claims 9 and 10, Tan anticipates the tester according to claim 8, wherein the combined optical input-output comprises an optical path selector switch especially for selection between an input path, preferably for inputting the optical signal, an output path, preferably for outputting the modified and/or delayed optical signal, and a modification path, preferably coming from and/or leading to the optical modification unit, wherein the optical path selector switch comprises or is an optical polarizing element and/or an optical polarizing beam splitter and/or a chopper wheel, especially an optical chopper wheel, and/or an optical and/or mechanical switch and/or an electro-optical switch and/or a micro-electromechanical system ([0070] - [0076] ;Fig. 5C where a first optical switch (571) comprises multiple double optical switches (574), and which links combined input/output channels (564...570) from the DUT to the delay elements (562) and (576-580) via a second optical switch (572)). Regarding claim 11, Tan anticipates the tester according to claim 1, further comprising: an optical switch ([0070] - [0076] ;Fig. 5C where a first optical switch (571) comprises multiple double optical switches (574), and which links combined input/output channels (564...570) from the DUT to the delay elements (562) and (576-580) via a second optical switch (572)), wherein the optical switch is configured to pass the modified and/or delayed optical signal to the optical output after the optical signal has been modified and/or delayed according to the certain number of times ([0058] - [0060], [0070] - [0076];Figs. 5B, 5C where delay characteristics of the simulator may be determined by a number of delay elements in series or by selection of one or more delay elements via a switch (571, 572)). Regarding claim 12, Tan anticipates the tester according to claim 11, wherein the optical switch comprises or is an electro-optic switch ([0059], where the optical switch may be an optical and/or electrical switch array) and/or a Pockels cell and/or an acousto-optic modulator, and/or wherein the tester and/or the optical switch further comprises a polarizer and/or a polarization retarder and/or a half-wave plate and/or a quarter-wave plate and/or an eighth-wave plate, especially wherein the polarizer and/or the polarization retarder and/or the half-wave plate and/or the quarter-wave plate and/or the eighth-wave plate is coupled to and/or part of the optical switch. Regarding claim 13, Tan anticipates the tester according to claim 1, wherein the optical modification unit comprises a circular structure, or wherein the optical modification unit comprises a linear structure especially comprising at least one optically reflective element, preferably at least two optically reflective elements or two optically reflective elements ([0068]; Fig. 5A, where optical attenuator (516) may incorporate an adjustable mirror). Regarding claim 14, Tan anticipates the tester according to claim 1, wherein the optical modification unit comprises: at least one optical delay line ([0058]; Fig. 5B shows a simplified optical delay line (530)), and/or at least one switched optical delay line ([0058]; Fig. 5C shows optical delay line with plural delay lines (550) ). Regarding claim 15, Tan anticipates the tester according to claim 1, wherein the tester and/or the optical modification unit comprises: at least one optical amplifier, and/or at least one optical attenuator ([0072], [0077], [0079]; Fig. 6, where delay device (600) may include a transimpedance amplifier (TIA) (624) or variable optical attenuator (not shown)). Regarding claim 17, Tan anticipates a system for testing an optical sensor, comprising a tester according to claim 1, and a controller ([0034]; Fig. 1, controller (116) and processor (117)), wherein the controller is configured to control the tester especially in accordance with an optical sensor test scenario ([0037], [0044], [0073]; where the processor determines delays, attenuation, etc. to be performed in response to a specific scenario or to emulate a specific distance/reflectivity of an object), and/or wherein the controller is configured to set the certain number of times especially in accordance with an optical sensor test scenario. Regarding claim 19, Tan anticipates the system according to claim 17, further comprising: the optical sensor, wherein the optical sensor comprises or is a light detection and ranging, LiDAR, sensor, and/or a light imaging, detection and ranging, LIDAR, sensor and/or a light amplification by stimulated emission of radiation detection and ranging, LADAR, sensor ([0004], [0023]). 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. Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (hereinafter Tan, US 20210373137 A1) in view of daSilva et al. (hereinafter daSilva, US 20210357552 A1). Regarding claim 16, Tan teaches the tester according to claim 1, but does not teach the tester and/or optical modification unit including an ability to introduce a Doppler shift to the optical signal. daSilva teaches a system for emulating an environment for testing a LIDAR system, wherein the tester and/or the optical modification unit comprises: an optical modulator configured to add a Doppler shift with respect to the optical signal and/or the modified and/or delayed optical signal ([0015], [0060], [0092] - [0093]; Fig.8A, where an optical processing chain may include a Doppler shift emulator (814)). Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Tan to incorporate the teachings of daSilva to also incorporate an optical modulator into the optical modification unit, which acts to introduce a Doppler shift for further testing of a LIDAR system, with a reasonable expectation of success. As daSilva teaches, a system which incorporates an optical modulator allows for testing of frequency modulated continuous wave (FMCW) LIDAR systems in addition to Time-of-Flight (ToF) systems, where FMCW systems additionally use the Doppler effect/shifts to determine object relative velocities ([0015], [0062]) and therefore would require this additional testing element to validate object velocity detections. Regarding claim 18, Tan teaches the system according to claim 18, but does not explicitly teach that the tester takes into account the frame rate of the system being tested. daSilva teaches a system for emulating an environment for testing a LIDAR system, wherein the tester and/or the optical modification unit comprises: a controller is configured to take into account the corresponding frame rate of the optical sensor especially in the context of controlling the tester and/or setting the certain number of times ([0080], [0105]; where the scene dynamics, such as frame rate of the LIDAR being tested, should be attributes of a LiDAR emulator). Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to modify Tan to incorporate the teachings of daSilva to utilize the frame rate of a LIDAR system being tested within the testing environment with a reasonable expectation of success. DaSilva teaches that there are a plethora of factors which should be taken into account to create an emulated environment for testing LIDAR systems, and one such factor is the LIDAR frame rate, which will affect how often scenes being emulated should, or can, be updated to properly test the system ([0073] – [0085]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nathan et al. (US 20220365190 A1) teaches a system with several interfaces and an optical guide for calibration of a LIDAR system, where the system utilizes optical guides and delay lines to simulate different distances and geometric calibrations. Himel et al. (US 20190253701 A1) teaches a system and method for inspecting a LIDAR system, where characterization of the scanning light source may include verifying angular range, illumination characteristics, and use of a transceiver tester which may also contain delay lines and an optical switch. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kara Richter whose telephone number is (571)272-2763. The examiner can normally be reached Monday - Thursday, 8A-5P EST, Fridays are variable. 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, Helal Algahaim can be reached at (571) 270-5227. 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. /K.M.R./Examiner, Art Unit 3645 /HELAL A ALGAHAIM/SPE , Art Unit 3645
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Prosecution Timeline

Jan 26, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
59%
Grant Probability
99%
With Interview (+50.0%)
3y 11m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 17 resolved cases by this examiner. Grant probability derived from career allowance rate.

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