CTNF 18/468,720 CTNF 100564 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 07-29 AIA The disclosure is objected to because of the following informalities: In paragraph [0037], line 4, “micromechanical electrosystem” should likely read “micro-electro-mechanical system” . Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1, 3, 7-10 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Desai et al. (United States Patent Application Publication 20190064358 A1), hereinafter Desai . Regarding claim 1, Desai teaches a measuring device comprising: a light source capable of emitting light for irradiating an object and changing a frequency of the light ([0022] The distance measuring apparatus 10 has a first single frequency laser diode 12, a second single frequency laser diode 14, ... and made to chirp); an interference optical system that separates the light into reference light and irradiation light, and generates interference light by causing interference between the reference light and reflected light generated by reflection of the irradiation light on the object ([0025] such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108, and the optical mixing of the second LO 204 and second echo 206 produces a modulation of the photocurrent of each detector 50 and 52 at a second frequency 208); a photodetector that receives the interference light and outputs a signal corresponding to an intensity of the interference light ([0025] Photodetectors 50 and 52 with a spectral response at the emission wavelength of lasers 12 and 14 are connected to output ports 46 and 48, such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108); and a processing circuit that controls the light source and generates and outputs data on a distance and/or velocity of the object based on the signal outputted from the photodetector ([0022] The modulation waveform is controlled to ensure that the emission frequency of each laser is modulated linearly over a time period.; [0025] each of which encode the distance of the echo light signal's origin relative to the distance measuring pixel.), wherein the processing circuit operates in a first mode and a second mode, causes the light source to emit light having a frequency that changes with time within a first frequency range in the first mode, and causes the light source to emit light having a frequency that changes with time within a second frequency range different from the first frequency range in the second mode ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), an absolute value of a time rate of change in frequency in the first frequency range is different from an absolute value of a time rate of change in frequency in the second frequency range ([0028] The beat frequency tones produced: F b1=(dF 1 /Tp 1)*(2D/c) F b2=(dF 2 /Tp 2)*(2D/c), where Fb1 and Fb2 are the first and second beat frequencies, c is the speed of light in air, and D is the distance to the target.), a center frequency of the first frequency range is different from a center frequency range ([0022] and made to chirp; i.e., be tuned to emit radiation at a range of frequencies centered around a center frequency by modulating the laser's injection current, temperature, bias current of the gain medium, cavity length, or a combination of all three; [0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), and a lower limit of the first frequency range is different from a lower limit of the second frequency range ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2 such that dF1 is equal to or less than 0.5dF2.). Regarding claim 3, Desai teaches the measuring device according to claim 1, wherein the absolute value of the time rate of change in frequency in the first frequency range is higher than the absolute value of the time rate of change in frequency in the second frequency range, and the center frequency of the first frequency range is higher than the center frequency of the second frequency range ([Fig. 3]). Regarding claim 7, Desai teaches the measuring device according to claim 1, wherein the processing circuit changes the frequency of the light in a triangular waveform in each of the first and second modes ([Fig. 3]). Regarding claim 8, Desai teaches the measuring device according to claim 1, wherein operations in the first and second modes are switched according to a measurement range ([0033] FIG. 4C using the system shown as a block diagram in FIG. 2. In this case, a single laser 240 is used to take both the first, coarse measurement and then a second, fine measurement). Regarding claim 9, Desai teaches a non-transitory computer-readable medium having a program executed by a computer, the computer being configured to control a measuring device comprising a light source capable of emitting light for irradiating an object and changing a frequency of the light ([0022] The distance measuring apparatus 10 has a first single frequency laser diode 12, a second single frequency laser diode 14, ... and made to chirp), an interference optical system that separates the light into reference light and irradiation light, and generates interference light by causing interference between the reference light and reflected light generated by reflection of the irradiation light on the object ([0025] such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108, and the optical mixing of the second LO 204 and second echo 206 produces a modulation of the photocurrent of each detector 50 and 52 at a second frequency 208), and a photodetector that receives the interference light and outputs a signal corresponding to an intensity of the interference light ([0025] Photodetectors 50 and 52 with a spectral response at the emission wavelength of lasers 12 and 14 are connected to output ports 46 and 48, such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108), the computer program causing the computer to execute causing the light source to emit light having a frequency that changes with time within a first frequency range in the first mode, causing the light source to emit light having a frequency that changes with time within a second frequency range in the second mode ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), and generating and outputting data on a distance and/or velocity of the object, based on the signal outputted from the photodetector in each of the first and second modes ([0022] The modulation waveform is controlled to ensure that the emission frequency of each laser is modulated linearly over a time period.; [0025] each of which encode the distance of the echo light signal's origin relative to the distance measuring pixel.), wherein an absolute value of a time rate of change in frequency in the first frequency range is different from an absolute value of a time rate of change in frequency in the second frequency range ([0028] The beat frequency tones produced: F b1=(dF 1 /Tp 1)*(2D/c) F b2=(dF 2 /Tp 2)*(2D/c), where Fb1 and Fb2 are the first and second beat frequencies, c is the speed of light in air, and D is the distance to the target.), a center frequency of the first frequency range is different from a center frequency of the second frequency range ([0022] and made to chirp; i.e., be tuned to emit radiation at a range of frequencies centered around a center frequency by modulating the laser's injection current, temperature, bias current of the gain medium, cavity length, or a combination of all three; [0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), and a lower limit of the first frequency range is different from a lower limit of the second frequency range ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2 such that dF1 is equal to or less than 0.5dF2.). Regarding claim 10, Desai teaches a method executed by a computer in a system including a measuring device, wherein the measuring device includes a light source capable of emitting light for irradiating an object and changing a frequency of the light ([0022] The distance measuring apparatus 10 has a first single frequency laser diode 12, a second single frequency laser diode 14, ... and made to chirp), an interference optical system that separates the light into reference light and irradiation light, and generates interference light by causing interference between the reference light and reflected light generated by reflection of the irradiation light on the object ([0025] such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108, and the optical mixing of the second LO 204 and second echo 206 produces a modulation of the photocurrent of each detector 50 and 52 at a second frequency 208), and a photodetector that receives the interference light and outputs a signal corresponding to an intensity of the interference light ([0025] Photodetectors 50 and 52 with a spectral response at the emission wavelength of lasers 12 and 14 are connected to output ports 46 and 48, such that the optical mixing of the first LO 104 and first echo 106 produces a modulation of the photocurrent of each detector 50 and 52 at a first beat frequency 108), the method comprising the steps of: causing the light source to emit light having a frequency that changes with time within a first frequency range in the first mode, causing the light source to emit light having a frequency that changes with time within a second frequency range in the second mode ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), and generating and outputting data on a distance and/or velocity of the object, based on the signal outputted from the photodetector in each of the first and second modes ([0022] The modulation waveform is controlled to ensure that the emission frequency of each laser is modulated linearly over a time period.; [0025] each of which encode the distance of the echo light signal's origin relative to the distance measuring pixel.), wherein an absolute value of a time rate of change in frequency in the first frequency range is different from an absolute value of a time rate of change in frequency in the second frequency range ([0028] The beat frequency tones produced: F b1=(dF 1 /Tp 1)*(2D/c) F b2=(dF 2 /Tp 2)*(2D/c), where Fb1 and Fb2 are the first and second beat frequencies, c is the speed of light in air, and D is the distance to the target.), a center frequency of the first frequency range is different from a center frequency of the second frequency range ([0022] and made to chirp; i.e., be tuned to emit radiation at a range of frequencies centered around a center frequency by modulating the laser's injection current, temperature, bias current of the gain medium, cavity length, or a combination of all three; [0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2), and a lower limit of the first frequency range is different from a lower limit of the second frequency range ([0028] Lasers 12 and 14 are modulated in a frequency modulated continuous wave format (FMCW) wherein the instantaneous frequency of optical radiation of each laser is periodically shifted or chirped by dF1 and dF2 such that dF1 is equal to or less than 0.5dF2.) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 2, and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Desai in view of Kreitinger et al. (United States Patent Application Publication 20210293960 A1), hereinafter Kreitinger Regarding claim 2, Desai teaches the measuring device according to claim 1, wherein the frequency of the light in the first mode and the frequency of the light in the second mode periodically change with time ([Fig. 3]) Desai fails to teach a device wherein a period of frequency change of the light in the first mode is equal to a period of frequency change of the light in the second mode. However, Kreitinger teaches a device wherein a period of frequency change of the light in the first mode is equal to a period of frequency change of the light in the second mode ([Fig. 8]; [0089] The chirp configuration 801 includes a first chirp pair 802 during a first time period t1 and a second chirp pair 803 during a second time period t2.). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Desai to comprise the period of frequency changes being equal similar to Kreitinger, with a reasonable expectation of success. This would have the predictable result of ensuring the emitted and return pulses have a consistent scheme to remove variables in the data processing end. Regarding claim 4, Desai teaches the measuring device according to claim 1, Desai fails to teach the device wherein each period of frequency change of the light in the first mode includes a first up-chirp period in which the frequency monotonously increases from the lower limit to an upper limit of the first frequency range and a first down-chirp period in which the frequency monotonously decreases from the upper limit to the lower limit of the first frequency range, and each period of frequency change of the light in the second mode includes a second up-chirp period in which the frequency monotonously increases from the lower limit to an upper limit of the second frequency range and a second down-chirp period in which the frequency monotonously decreases from the upper limit to the lower limit of the second frequency range. However, Kreitinger teaches the device wherein each period of frequency change of the light in the first mode includes a first up-chirp period in which the frequency monotonously increases from the lower limit to an upper limit of the first frequency range and a first down-chirp period in which the frequency monotonously decreases from the upper limit to the lower limit of the first frequency range ([Fig. 8]; [0089] In the embodiment of FIG. 8, the first chirp pair 802 may include chirps which are opposite in direction from each other (e.g., one is positive while the other is negative). In particular, the first chirp pair 802 of FIG. 8 may be a divergent chirp pair, where the two chirps 804 and 805 start at frequencies which are closer together than the frequencies they end at.), and each period of frequency change of the light in the second mode includes a second up-chirp period in which the frequency monotonously increases from the lower limit to an upper limit of the second frequency range and a second down-chirp period in which the frequency monotonously decreases from the upper limit to the lower limit of the second frequency range ([0090] In the embodiment of FIG. 8, the chirps of the second chirp pair 803 may also be in opposite directions to each other. In particular, as shown in FIG. 8, the chirps of the second chirp pair 803 may be convergent, where they start with a greater difference in frequencies at the beginning of the second period of time and end with a smaller difference in frequencies.). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Desai to comprise the up and down chirp sequences similar to Kreitinger, with a reasonable expectation of success. This would have the predictable result of modulating the frequency output in a known and linear fashion to scan an environment in a broad spectrum sweep. Regarding claim 5, Desai, as modified above, teaches the measuring device according to claim 4, Desai fail to teach the device wherein in the first mode, the signal includes a first signal component corresponding to the intensity of the interference light based on the light in the first up-chirp period and a second signal component corresponding to the intensity of the interference light based on the light in the first down-chirp period, in the second mode, the signal includes a third signal component corresponding to the intensity of the interference light based on the light in the second up-chirp period and a fourth signal component corresponding to the intensity of the interference light based on the light in the second down-chirp period, the processing circuit generates and outputs the data on the distance and/or velocity of the object, based on the first and second signal components in the first mode, and generates and outputs the data on the distance and/or velocity of the object, based on the third and fourth signal components in the second mode. However, Kreitinger teaches the device wherein in the first mode, the signal includes a first signal component corresponding to the intensity of the interference light based on the light in the first up-chirp period and a second signal component corresponding to the intensity of the interference light based on the light in the first down-chirp period, in the second mode, the signal includes a third signal component corresponding to the intensity of the interference light based on the light in the second up-chirp period and a fourth signal component corresponding to the intensity of the interference light based on the light in the second down-chirp period, the processing circuit generates and outputs the data on the distance and/or velocity of the object, based on the first and second signal components in the first mode, and generates and outputs the data on the distance and/or velocity of the object, based on the third and fourth signal components in the second mode ([0038] The circulator 110 may direct the local oscillator beam LO and/or the reflected laser beam Rx onto a detector 150. The combined beam detected by the detector 150 may produce an interference signal corresponding to one or more range returns from one or more lasers (e.g., laser 103 and laser 104); [0051] The object 130 may reflect a portion of the laser beam received from the transceiver back to the transceiver, and the reflected laser beam (e.g., a return or receive portion Rx) may be provided to circulator 110. Laser light returning from the target to circulator 110 (e.g., the receive beam Rx) may be combined with the local oscillator beam LO to produce an interference signal related to a property of the target (e.g., a distance to the target).). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Desai to comprise the return and interference signal processing for the up and down chirped signal similar to Kreitinger, with a reasonable expectation of success. This would have the predictable result of ensuring the returned signal is processed in correspondence with the emitted matching signal and cross reference with the reference signal to optimally detection object distance and/or velocity in a given environment. Regarding claim 6, Desai, as modified above, teaches the measuring device according to claim 4, Desai fails to teach the device wherein a length of the first up-chirp period is equal to a length of the first down-chirp period, and a length of the second up-chirp period is equal to a length of the second down-chirp period However, Kreitinger teaches the device wherein a length of the first up-chirp period is equal to a length of the first down-chirp period, and a length of the second up-chirp period is equal to a length of the second down-chirp period ([Fig. 8]) It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this invention to modify the invention of Desai to comprise the equal length up and down chirp similar to Kreitinger, with a reasonable expectation of success. This would have the predictable result of creating a known uniform signal for easier, faster and more accurate processing of a scene. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT WILLIAM VASQUEZ JR whose telephone number is (571)272-3745. The examiner can normally be reached Monday thru Thursday, Flex Friday, 8:00-5:00 PST. 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. /ROBERT W VASQUEZ/Examiner, Art Unit 3645 /HELAL A ALGAHAIM/SPE , Art Unit 3645 Application/Control Number: 18/468,720 Page 2 Art Unit: 3645 Application/Control Number: 18/468,720 Page 3 Art Unit: 3645 Application/Control Number: 18/468,720 Page 4 Art Unit: 3645 Application/Control Number: 18/468,720 Page 5 Art Unit: 3645 Application/Control Number: 18/468,720 Page 6 Art Unit: 3645 Application/Control Number: 18/468,720 Page 7 Art Unit: 3645 Application/Control Number: 18/468,720 Page 8 Art Unit: 3645 Application/Control Number: 18/468,720 Page 9 Art Unit: 3645 Application/Control Number: 18/468,720 Page 10 Art Unit: 3645 Application/Control Number: 18/468,720 Page 11 Art Unit: 3645 Application/Control Number: 18/468,720 Page 12 Art Unit: 3645 Application/Control Number: 18/468,720 Page 13 Art Unit: 3645 Application/Control Number: 18/468,720 Page 14 Art Unit: 3645 Application/Control Number: 18/468,720 Page 15 Art Unit: 3645 Application/Control Number: 18/468,720 Page 16 Art Unit: 3645
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