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 .
Claim Status
Applicant's preliminary amendments filed on 2/27/24 have been entered.
Drawings
The drawings are objected to because Figures 3A and 4 have some text portions that are barely legible/readable when they should have durable and clean lines to comply with 37 CFR 1.84(l).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in [00136] for the statement “photodiode 367”, there appears to be an editorial/typographical error because the reference numeral “367” appears to predominantly refer to a phase modulator per [00131, 00139, 00152] instead of to a photodiode. It is suggested to make a correction to the reference numeral for the photodiode in order to improve clarity.
Appropriate correction is required.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11619716. Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed to An optical device in a light detection and ranging (lidar) sensor and A method of generating modulated optical signals in circuitry, and the claims of the ‘716 Patent are narrower in scope than the claims of the ‘761 instant application.
Claims 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11-13 of U.S. Patent No. 11921236. Although the claims at issue are not identical, they are not patentably distinct from each other because both are directed to An optical device in a light detection and ranging (lidar) sensor and synchronization of the amplifiers, and the claims of the ‘236 Patent are narrower in scope than the claims of the ‘761 instant application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 21-22, 28, and 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao US20120176594 in view of Asghari US20230069201.
Regarding independent claims 21 and 37, Qiao discloses, in Figure 3,
An optical device (Qiao; Fig. 3) in a light detection and ranging (lidar) sensor (Qiao; [0037] “distance measurement”) for a vehicle, and
A method of generating modulated optical signals in circuitry (Qiao; Fig. 3),
comprising: an input optical path (Qiao; Fig. 3; the path that is emitted from the light wave emitter) configured to receive a beam from a laser source (Qiao; Fig. 3; light wave emitter); a first optical path (Qiao; Fig. 3; “internal light path beam”) and a second optical path (Qiao; Fig. 3; “external light path beam”), respectively branched from the input optical path; a first optical amplifier (Qiao; Fig. 3; “high-frequency amplifier”) coupled to the first optical path; a plurality of second optical amplifiers respectively coupled to the plurality of second optical paths, the first optical amplifier being turned on, in synchronization with turning on any one of the plurality of second optical amplifiers, to output a local oscillator (LO) signal (Qiao; Fig. 3; “oscillator”).
Qiao is silent regarding a plurality of second optical paths; a plurality of second optical amplifiers respectively coupled to the plurality of second optical paths, the first optical amplifier being turned on, in synchronization with turning on any one of the plurality of second optical amplifiers.
Asghari teaches a plurality of second optical paths (Asghari; Fig. 1 and 8; plurality of utility waveguides 13); a plurality of second optical amplifiers (Asghari; Fig. 1 and 8; amplifiers 304; [0160] Semiconductor Optical Amplifers (SOAs); [0006] “Each of the utility waveguides includes an amplifier configured to amplify a power level of the utility light signal guided in the utility waveguide.”; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels) respectively coupled to the plurality of second optical paths.
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the optical device as taught by Qiao to comprise a plurality of second optical paths and a plurality of second optical amplifiers SOAs for the purpose of providing selection of desired channels (Asghari; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels). Doing so would yield the configuration of the first optical amplifier being turned on, in synchronization with turning on any one of the plurality of second optical amplifiers because amplification would be normally applied for both the first and the second optical paths during normal operation.
Regarding claim 22, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 21, wherein the plurality of second optical amplifiers include one or more semiconductor optical amplifiers (SOAs) (Asghari; amplifiers 304; [0160] Semiconductor Optical Amplifers (SOAs)).
Regarding claim 28, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 21, wherein the first optical amplifier.
Modified Qiao is silent regarding Modified Qiao wherein the first optical amplifier is a first semiconductor optical amplifier (SOA).
Asghari teaches semiconductor optical amplifier (SOA) (Asghari; Fig. 1 and 8; amplifiers 304; [0160] Semiconductor Optical Amplifers (SOAs); [0006] “Each of the utility waveguides includes an amplifier configured to amplify a power level of the utility light signal guided in the utility waveguide.”; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to substitute the first optical amplifier as taught by Modified Qiao with the SOA as taught by Asghari since both amplifiers are known elements that obtain the predictable result of providing a signal amplifying means that cooperate with lidar with a reasonable expectation of success and with no unexpected results (MPEP 2143(I)(B) "Simple Substitution of One Known Element for Another To Obtain Predictable Results").
Regarding claim 36, Modified Qiao teaches the invention substantially the same as described above, and A light detection and ranging (lidar) system (Qiao; [0037] “distance measurement”) comprising: a laser source configured to generate a beam (Qiao; Fig. 3; light wave emitter); the device according to claim 21; a plurality of transmit (TX) channels (Asghari; Fig. 2; channels C1-C3); and one or more optical components configured to: receive, from the device, a first modulated optical signal and a first LO signal that is associated with the first modulated optical signal (Qiao; Fig. 3; “internal light path beam”), receive, from the device, a second modulated optical signal and a second LO signal that is associated with the second modulated optical signal (Qiao; Fig. 3; “external light path beam”), transmit the first and second modulated optical signals at first and second TX channels, among the plurality of TX channels, respectively, to an environment (Qiao; Fig. 3; “external light path beam” travels to the environment/object/target), receive first and second returned optical signals that are reflected from one or more objects in the environment, and pair the first and second returned optical signals with the first and second LO signals, respectively (Qiao; Fig. 3; “mixer” and “phase discriminator”).
Regarding claim 38, Modified Qiao teaches the invention substantially the same as described above in reference to claim 28 above.
Claim(s) 23-24, 29-35, and 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao US20120176594 in view of Asghari US20230069201 as applied to claims 22, 28, and 38 above, and further in view of LaChapelle US20210055390.
Regarding claim 23, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 22, wherein one of the one or more SOAs is turned on or off (Asghari; Fig. 1 and 8; amplifiers 304; [0160] Semiconductor Optical Amplifers (SOAs); [0006] “Each of the utility waveguides includes an amplifier configured to amplify a power level of the utility light signal guided in the utility waveguide.”; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels).
Modified Qiao is silent regarding wherein one of the one or more SOAs is turned on or off to perform amplitude modulation of the beam.
LaChapelle teaches perform amplitude modulation of the beam (LaChapelle; phase/amplitude modulator 495; [0208] selectively “change a frequency, phase, or amplitude of seed light 440, LO light 430, or emitted pulse of light 400”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the SOA operation as taught by Modified Qiao to perform amplitude modulation as taught by LaChapelle for the purpose of providing control to selectively change a frequency, phase, or amplitude of light (LaChapelle; [0208] selectively “change a frequency, phase, or amplitude of seed light 440, LO light 430, or emitted pulse of light 400”).
Regarding claim 24, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 22, wherein the one or more SOAs (Asghari; Fig. 1 and 8; amplifiers 304; [0160] Semiconductor Optical Amplifers (SOAs); [0006] “Each of the utility waveguides includes an amplifier configured to amplify a power level of the utility light signal guided in the utility waveguide.”; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels).
Modified Qiao is silent regarding wherein the one or more SOAs is configured to change a driving current of one of the one or more SOAs to perform phase modulation of the beam.
LaChapelle teaches change a driving current of one of the one or more SOAs to perform phase modulation of the beam (LaChapelle; [0209] changing/modulating the SOA current in order to change/modulate the phase of the light).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the SOA operation as taught by Modified Qiao to change a driving current of one of the one or more SOAs to perform phase modulation of the beam as taught by LaChapelle for the purpose of providing control to selectively change/modulate the phase of the light (LaChapelle; [0209] changing/modulating the SOA current in order to change/modulate the phase of the light).
Regarding claim 29, Modified Qiao teaches the invention substantially the same as described above in reference to claim 23.
Regarding claim 30, Modified Qiao teaches the invention substantially the same as described above in reference to claim 24.
Regarding claim 31, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 21.
Modified Qiao is silent regarding further comprising one or more phase modulators coupled to the first optical path or the second optical path, wherein the one or more phase modulators are configured to perform phase modulation of the beam.
LaChapelle teaches further comprising one or more phase modulators coupled to the first optical path or the second optical path, wherein the one or more phase modulators are configured to perform phase modulation of the beam (LaChapelle; [0208] “phase or amplitude modulator 495 configured to change a frequency, phase, or amplitude of seed light 440, LO light 430, or emitted pulse of light 400”).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the first optical path as taught by Modified Qiao to include a phase modulator as taught by LaChapelle for the purpose of providing selective control to change the phase of the LO light (LaChapelle; [0208] “phase or amplitude modulator 495 configured to change a frequency, phase, or amplitude of seed light 440, LO light 430, or emitted pulse of light 400”).
Regarding claim 32, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 31.
Modified Qiao is silent regarding a control circuit configured to generate one or more control signals to turn on or off the first optical amplifier and the plurality of second optical amplifiers, wherein the one or more control signals indicate a time sequence for turning on or off the plurality of second optical amplifiers.
LaChapelle teaches a control circuit configured to generate one or more control signals to turn on or off the first optical amplifier and the plurality of second optical amplifiers, wherein the one or more control signals indicate a time sequence for turning on or off the plurality of second optical amplifiers (LaChapelle; [0213] time-varying modulator is used for the purpose of providing selective control of changing the light frequency).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the amplifier controls as taught by Modified Qiao to comprise the controls for operating according to a time sequence as taught by LaChapelle for the purpose of providing selective control of changing the light frequency (LaChapelle; [0213] time-varying modulator is used for the purpose of providing selective control of changing the light frequency).
Regarding claim 33, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 32, wherein the control circuit is configured to turn on or off output signals of the first optical amplifier in synchronization with the time sequence for turning on or off the plurality of second optical amplifiers (LaChapelle; [0213] time-varying modulator is used for the purpose of providing selective control of changing the light frequency).
Regarding claim 34, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 32, wherein the control circuit is configured to temporally multiplex output signals of the plurality of second optical amplifiers according to the time sequence (Asghari; Fig. 8; plurality of utility waveguides 13 are under multiplex control based on the electronics that select the desired channels; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels).
Regarding claim 35, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 32, wherein the control circuit is configured to temporally multiplex the plurality of second optical paths according to the time sequence (Asghari; Fig. 8; plurality of utility waveguides 13 are under multiplex control based on the electronics that select the desired channels; [0163] electronics selectively designate which waveguides to amplify and which waveguides to not amplify for the purpose of selecting the desired lidar output channels).
Regarding claim 39, Modified Qiao teaches the invention substantially the same as described above in reference to claim 23.
Regarding claim 40, Modified Qiao teaches the invention substantially the same as described above in reference to claim 24.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao US20120176594 in view of Asghari US20230069201 as applied to claim 22 above, and further in view of Tanemura US20190154810.
Regarding claim 23, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 21, wherein the device.
Modified Qiao is silent regarding wherein the device includes at least one of silicon photonics circuitry, photonic lightwave circuit (PLC), or III-V semiconductor circuitry.
Tanemura teaches wherein the device includes at least one of silicon photonics circuitry (Tanemura; Fig. 2; light source 1 comprises a silicon photonic circuit formed on the semiconductor substrate 6).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the optical device as taught by Modified Qiao to comprise silicon photonics circuitry as taught by Tanemura for the purpose of providing relatively lower cost while providing relatively improved speed, durability, and resolution with a relatively smaller footprint/package size for the sensor.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiao US20120176594 in view of Asghari US20230069201 as applied to claim 22 above, and further in view of Dakin 20130083389.
Regarding claim 26, Modified Qiao teaches the invention substantially the same as described above, and The optical device of claim 21, wherein the device.
Modified Qiao is silent regarding wherein the device is III-V semiconductor circuitry, and the III-V semiconductor circuitry includes at least one of indium phosphide (InP), indium monoarsenide (InAs), or gallium and arsenide (GaAs).
Dakin teaches wherein the device is III-V semiconductor circuitry, and the III-V semiconductor circuitry includes at least one of indium phosphide (InP), indium monoarsenide (InAs), or gallium and arsenide (GaAs) (Dakin; [0051] gallium arsenide III-V material for the purpose for providing optimal performance that is “best suited” for the operating wavelength range).
It would have been obvious to one having ordinary skill at the effective filing date of the invention to modify the optical device as taught by Modified Qiao to comprise III-V semiconductor circuitry that includes gallium and arsenide (GaAs) as taught by Dakin for the purpose of providing optimal performance that is “best suited” for the operating wavelength range (Dakin; [0051] gallium arsenide III-V material for the purpose for providing optimal performance that is “best suited” for the operating wavelength range).
Allowable Subject Matter
Claim 27 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, and
if a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is filed to overcome the double patenting rejection
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Barber US11619716 teaches lidar.
Barber US11921236 teaches lidar.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MALIKASIM whose telephone number is (313)446-6597. The examiner can normally be reached M-F; 8 am - 5 pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuqing Xiao can be reached at 571-270-3603. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN MALIKASIM/ Primary Examiner, Art Unit 3645 6/15/26
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