CTNF 18/499,292 CTNF 89035 DETAILED ACTION 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. Claim Rejections - 35 USC § 112 07-30-02 AIA 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 1-19 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. The claims will be examined as best understood. 07-34-05 Claim 1 recites the limitation "the frequency" . There is insufficient antecedent basis for this limitation in the claim. Claim 18 recites the limitations "the length", “the height”, “the speed”, “the basis”. There is insufficient antecedent basis for these limitations in the claim. 07-34-05 Claim 19 recites the limitation "the basis". There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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 1-4, 19 rejected under 35 U.S.C. 102( a)(1)/(a)(2 ) as being anticipated by Maleki et al (US 20200182978) . In regards to claim 1, Maleki discloses a measurement device comprising: a light source which emits laser light to irradiate a moving body (ref. 102, abstract LIDAR) and which can vary the frequency of the laser light (abstract “frequency modulated”); an interference optical system that separates the laser light into reference light and output light (as seen at least in Fig. 1, ref. 108 splits light into interference path and target path for output to target), and generates interference light by interfering the reference light with at least one reflected light beam generated when at least one light beam obtained from the output light is reflected by the moving body (as seen at least in Fig. 1, ref. 114); a light detector that detects the interference light (Fig. 1 ref. 120); and a processing circuit that processes a signal outputted from the light detector (Fig. 1 ref. 128, 124), wherein the processing circuit generates and outputs a plurality of attribute data pertaining to the moving body on the basis of measurement data on the moving body obtained by processing the signal ([0145] “FPGA 126 outputs the position and/or velocity data for each pixel to computer 128”). In regards to claim 2, Maleki discloses the measurement device according to claim 1, wherein the measurement data includes distance data and speed data, and the plurality of attribute data is generated on the basis of the distance data and speed data (Maleki [0145] disclose distance and speed/velocity data). In regards to claim 3, Maleki discloses the measurement device according to claim 1, wherein the plurality of attribute data includes at least one piece of information selected from the group consisting of a passing through of the moving body, a size of the moving body, a number of axles on the moving body, a traveling speed of the moving body, a movement direction of the moving body, and a type of the moving body (Maleki [0033] disclose speed/velocity data of moving object). In regards to claim 4, Maleki discloses the measurement device according to claim 1, wherein the plurality of attribute data includes at least one piece of information from among a number of rotating axles of the moving body and a traveling speed of the moving body (Maleki [0033] disclose speed/velocity data of moving object). In regards to claim 19, Maleki discloses a non-transitory computer-readable recording medium having a program stored thereon, the program to be executed by a computer in a system that includes a measurement device (Maleki abstract), the measurement device comprising: a light source which emits laser light to irradiate a moving body and which can vary the frequency of the laser light (Maleki abstract); an interference optical system that separates the laser light into reference light and output light (Maleki as seen at least in Fig. 1, ref. 108 splits light into interference path and target path for output to target), and generates interference light by interfering the reference light with at least one reflected light beam generated when at least one light beam obtained from the output light is reflected by the moving body (Maleki as seen at least in Fig. 1, ref. 114); a light detector that detects the interference light (Maleki ref. 120); and a processing circuit that processes a signal outputted from the light detector (Maleki ref. 124, 128), the program causing the computer to generate and output a plurality of attribute data pertaining to the moving body on the basis of measurement data on the moving body obtained by processing the signal (Maleki seen at least in [0145] “FPGA 126 outputs the position and/or velocity data for each pixel to computer 128”) . Claim Rejections - 35 USC § 103 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 5-8, 10 rejected under 35 U.S.C. 103 as being unpatentable over Maleki in view of Chang et al (US 8508723) . In regards to claim 5, Maleki discloses the measurement device according to claim 1, but does not expressly disclose: wherein the plurality of attribute data is outputted as at least one pulse signal. Chang teaches at least one pulse signal from in a LIDAR measurement device (C11:28). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki with Chang by providing the means for the plurality of attribute data to be outputted as at least one pulse signal to allow synchronization with selected objects. In regards to claim 6, Maleki as combined further discloses the measurement device according to claim 5, wherein the at least one pulse signal includes a plurality of pulse signals Maleki [0051]as combined, Chang discloses plurality of pulse signals C11:28), and the measurement device comprises a plurality of output ports from which to output each of the plurality of pulse signals (Maleki [0145]). In regards to claim 7, Maleki as combined disclose the measurement device according to claim 6, wherein the plurality of pulse signals are outputted synchronously (Maleki as combined, Chang disclose synchronization C9:29, temporal modulation). In regards to claim 8, Maleki as combined discloses the measurement device according to claim 5, wherein the at least one pulse signal is a single pulse signal (Chang C11:28), and the plurality of attribute data is superimposed onto the single pulse signal and outputted (Maleki abstract distance and velocity data superimposed on signal as this data is used determining distance and velocity). In regards to claim 10, Maleki discloses the measurement device according to claim 1, but does not expressly disclose: wherein the at least one light beam includes a plurality of light beams, Chang teaches a LIDAR measurement system comprising a plurality of emission beams (Fig. 2 refs. 150, Fig. 7 ref. 150). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki with Chang by providing the means for the at least one light beam includes a plurality of light beams in order to allow for greater measurements over a target region. Maleki as combined further discloses: the at least one reflected light beam includes a plurality of reflected light beams equal in number to the plurality of light beams (Maleki as combined, Chang Fig. 2 refs. 405, Fig. 7 ref. 150), the measurement device further comprises an optical splitter which includes a plurality of emission ports (Chang Fig. 7 ref. 734) and which splits the output light to emit light from each of the plurality of emission ports (as suggested in Fig. 7 of Chang), and each of the plurality of light beams corresponds to the light emitted from one of the plurality of emission ports included in the optical splitter (as suggested in Fig. 7 of Chang for refs. 150 emitted to target ref. 45) . 07-22-aia AIA Claim 11-18 rejected under 35 U.S.C. 103 as being unpatentable over Maleki, Chang as applied to claim 10 above, and further in view of Hasselbring (US 5717390) . In regards to claim 11, Maleki as combined discloses the measurement device according to claim 10, wherein the moving body is irradiated from a side by the plurality of light beams. Hasselbring teaches irradiating a moving body from a side (Fig. 2 ref. 21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki with Hasselbring by providing the means for the moving body to be irradiated from a side by the plurality of light beams in order to allow for a larger region for the emitters to be aimed. In regards to claim 12, Maleki as combined discloses the measurement device according to claim 11, wherein the plurality of light beams are emitted from different heights relative to a surface on which the moving body is located (Fig. 1 ref. 22 arranged on gantry above roadway). In regards to claim 13, Maleki as combined discloses the measurement device according to claim 12, but does not expressly disclose: wherein the plurality of light beams are parallel to the surface. However, it would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide for the plurality of light beams are parallel to the surface in order to allow emitters to emit a stronger beam towards to moving object, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. In regards to claim 14, Maleki as combined discloses the measurement device according to claim 12, wherein the moving body includes a wheel (Hasselbring Fig. 1 ref. 17), and one or more light beams from among the plurality of light beams are emitted toward the wheel (as suggested in at least Fig. 2 of Hasselbring ref. 21 emitted toward wheel). In regards to claim 15, Maleki as combined discloses the measurement device according to claim 14, wherein the one or more light beams from among the plurality of light beams are non-parallel to the surface, and the remaining light beams are parallel to the surface. In regards to claim 16, Maleki as combined discloses the measurement device according to claim 10, but does not expressly disclose as taught by Hasselbring: wherein the moving body is irradiated from above by the plurality of light beams (Hasselbring Fig. 1 ref. 20 gantry with attached plurality of emitters). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki as combined with Hasselbring by providing the means for the moving body to be irradiated from above by the plurality of light beams in order to prevent interference with the emitted signal from objects on the ground. In regards to claim 17, Maleki as combined discloses the measurement device according to claim 16, wherein the plurality of light beams are parallel to a plane perpendicular to a surface on which the moving body is located and parallel to a direction of travel of the moving body (Maleki as combined, Hasselbring Fig. 6 ref. 20 gantry with attached plurality of emitters). In regards to claim 18, Maleki discloses a measurement device comprising: a light source which emits laser light to irradiate a moving body on a road surface (Fig. 1 ref. 102) and which can vary the frequency of the laser light (abstract discloses frequency modulated signal); an interference optical system that separates the laser light into reference light and output light (as seen at least in Fig. 1, ref. 108 splits light into interference path and target path for output to target), and generates interference light by interfering the reference light with a plurality of reflected light beams generated when a plurality of light beams obtained from the output light are each reflected by the moving body (as seen at least in Fig. 1, ref. 114); Maleki does not expressly disclose: an optical splitter which includes a plurality of emission ports and which splits the output light to emit the plurality of light beams respectively from the plurality of emission ports; Chang teaches an optical splitter comprising plurality of emission ports which emits light from the emission ports (Fig. 7 ref. 734 acting as emission ports to emit light to target). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki with Chang by providing the means for the optical splitter to include a plurality of emission ports and to split the output light to emit the plurality of light beams respectively from the plurality of emission ports in order to allow the device to emit over a greater region. Maleki as combined further discloses: a light detector that detects the interference light (Maleki ref. 120); and a processing circuit that processes a signal outputted from the light detector (Fig. 1 ref. 128, 124), wherein the processing circuit generates and outputs data pertaining to at least one of the length, the height relative to the road surface, or the speed of the moving body on the basis of the signal outputted from the light detector (Maleki [0145] “FPGA 126 outputs the position and/or velocity data for each pixel to computer 128”) . 07-21-aia AIA Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over Maleki in view of Hasselbring . In regards to claim 9, Maleki discloses the measurement device according to claim 1, but does not expressly disclose: wherein an emission direction of the at least one light beam is oblique to a direction of travel of the moving body. Hasselbring teaches LIDAR emission direction obliques to travel path of an object (as seen in Fig. 2 of Hasselbring for ref. 21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki with Hasselbring by providing the means for an emission direction of the at least one light beam is oblique to a direction of travel of the moving body to allow optimal POV for the sensor . 07-22-aia AIA Claim 15 rejected under 35 U.S.C. 103 as being unpatentable over Maleki, Chang, Hasselbring as applied to claim 14 above, and further in view of Kim et al (US 9784677) . In regards to claim 15, Maleki as combined discloses the measurement device according to claim 14, but does not expressly disclose: wherein the one or more light beams from among the plurality of light beams are non-parallel to the surface, and the remaining light beams are parallel to the surface. Kim teaches a scanning arrangement for moving vehicles comprising a plurality of beams non-parallel to a surface (Fig. 3 refs. 112-114, on gantry emitting down onto vehicle) and the remaining beams parallel to a surface (Fig. 3 refs. 122 seen from above parallel to surface). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Maleki as combined with Kim by providing the means for the one or more light beams from among the plurality of light beams are non-parallel to the surface, and for the remaining light beams to be parallel to the surface in order to allow for emissions into a larger and varied regions where objects pass to ensure the objects are scanned . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure cited on PTO 892. The cited references display laser scanners for object distance and velocity . Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICENTE RODRIGUEZ whose telephone number is (571)272-4798. The examiner can normally be reached M-TH 7-5. 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, JOSHUA HUSON can be reached at 571-270-5301. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /V.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642 Application/Control Number: 18/499,292 Page 2 Art Unit: 3642 Application/Control Number: 18/499,292 Page 3 Art Unit: 3642 Application/Control Number: 18/499,292 Page 4 Art Unit: 3642 Application/Control Number: 18/499,292 Page 5 Art Unit: 3642 Application/Control Number: 18/499,292 Page 6 Art Unit: 3642 Application/Control Number: 18/499,292 Page 7 Art Unit: 3642 Application/Control Number: 18/499,292 Page 8 Art Unit: 3642 Application/Control Number: 18/499,292 Page 9 Art Unit: 3642 Application/Control Number: 18/499,292 Page 10 Art Unit: 3642 Application/Control Number: 18/499,292 Page 11 Art Unit: 3642 Application/Control Number: 18/499,292 Page 12 Art Unit: 3642 Application/Control Number: 18/499,292 Page 13 Art Unit: 3642 Application/Control Number: 18/499,292 Page 14 Art Unit: 3642
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