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 .
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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).
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,346,924 B2 and 11,874,402 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending independent claims have similar scopes, and only minor changes in claim language, while the pending dependent claims are in most cases identical to the dependent claims in the two issued patents.
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) 1-11, 13-16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisele (US 2014/0078491) in view of Rosenzweig (US 2018/0143322).
Regarding Claim 1, Eisele teaches a device comprising: a substrate; …a plurality of photodetector cells disposed along the substrate [#110 of Fig 3; 0080-83], wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [ Fig 3, 8; 0088], wherein the large-area cell has a first area and the small-area cell has a second area [Fig 3, 8; 0088], and wherein the at least one large-area cell is substantially centered along the substrate with respect to the optical axis [Fig 3, 8; 0083; 0088]; and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [#130, #140, #160 of Fig 5-7; 0085-88]. Eisele does not explicitly teach – but Rosenzweig teaches an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the device of Eisele to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 15, Eisele teaches light detection and ranging (lidar) system [0026; 0049; 0058] comprising: at least one light-emitter device; and a receiver subsystem [0059; 0069; 0080; 0088], wherein the receiver subsystem comprises: a substrate; a plurality of photodetector cells, wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [ Fig 3, 8; 0088], wherein the large-area cell has a first area and the small-area cell has a second area [ Fig 3, 8; 0088], and wherein the at least one large- area cell is substantially centered along the substrate with respect to the optical axis [ Fig 3, 8; 0083; 0088; and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [#130, #140, #160 of Fig 5-7; 0085-88]. Eisele does not explicitly teach – but Rosenzweig teaches an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the device of Eisele to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 18, Eisele teaches at least one light detection and ranging (lidar) system comprising: at least one light-emitter device; and a receiver subsystem [0059; 0069; 0080; 0088], wherein the receiver subsystem comprises: a substrate; an aperture array comprising an at least one aperture defining an optical axis [#24 of Fig 1a; 0060]; a plurality of photodetector cells [#110 of Fig 3; 0080-83], wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [Fig 3, 8; 0083; 0088], wherein the large-area cell has a first area and the small-area cell has a second area [Fig 3, 8; 0083; 0088], and wherein the at least one large- area cell is substantially centered along the substrate with respect to the optical axis [Fig 3, 8; 0083; 0088]; and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [#130, #140, #160 of Fig 5-7; 0085-88]. Eisele does not explicitly teach – but Rosenzweig does teach a vehicle [0121; 0123; 0199] – and an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the lidar system by placing it on or in a vehicle to broadly scan some or all of the objects within the field of view of the LIDAR system while the vehicle is in motion, and to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 2, Eisele also teaches wherein each photodetector cell of the plurality of photodetector cells comprises a single-photon avalanche diode (SPAD) [0088].
Regarding Claim 3, Eisele also teaches wherein each SPAD is operated in a Geiger mode of operation [0075].
Regarding Claim 4, Eisele also teaches wherein the read out circuitry comprises a respective quenching circuit for each SPAD, wherein the respective quenching circuit comprises a quenching resistor [0075].
Regarding Claim 5, Eisele also teaches wherein a combination of the plurality of photodetector cells and the read out circuitry defines at least one solid-state, multi-element, single photon detector [Fig 8; 0056; 0088].
Regarding Claim 6, Eisele also teaches wherein a combination of the plurality of photodetector cells and the read out circuitry defines at least one silicon photomultiplier (SiPM) [Fig 8; 0039; 0054-56; 0086-88; 0093].
Regarding Claim 7, Eisele also teaches wherein the plurality of photodetector cells are electrically coupled in a parallel arrangement [Fig 8; 0056; 0078; 0088].
Regarding Claim 8, Eisele also teaches wherein the first area is based on a first edge length or first diameter between 15 microns and 50 microns, and wherein the second area is based on a second edge length or second diameter between 2 microns and 15 microns [0080-82]
Regarding Claim 9, Eisele also teaches wherein the plurality of photodetector cells is configured to be illuminated by incident light that passes through a backside surface of the substrate [Fig 8; 0039; 0054-56; 0086-88; 0093].
Regarding Claim 10, Eisele also teaches wherein the plurality of photodetector cells are disposed according to at least one of a square array or a hexagonal array [Fig 8; 0039; 0054-56; 0086-88; 0093].
Regarding Claim 11, Eisele also teaches wherein the read out circuitry comprises: at least one amplifier coupled to the large-area cell; and at least one amplifier coupled to the small-area cell [Fig 2, 8; 0077; 0088].
Regarding Claim 13, Eisele also teaches at least one microlens disposed over a photodetector cell or a group of photodetector cells of the plurality of photodetector cells [Fig 3; 0080]
Regarding Claim 14, Eisele also teaches wherein a position of the at least one large-area cell and the at least one small-area cell is selected based on a predetermined beam intensity profile of the incident light [Fig 3; 0080]
Regarding Claim 16, Eisele also teaches wherein the aperture array further comprises a plurality of apertures, wherein the respective photodetector cells and the aperture array are aligned so as to define a plurality of receiver channels, wherein each receiver channel comprises a respective group of photodetector cells optically coupled to a respective aperture of the plurality of apertures [Fig 8; 0088].
Claim(s) 1-11, 13-16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henseler (US 2013/0009267) in view of Rosenzweig (US 2018/0143322).
Regarding Claim 1, Henseler teaches a device comprising: a substrate; a plurality of photodetector cells disposed along the substrate [Fig 5; 0027], wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [Fig 5; 0030], wherein the large-area cell has a first area and the small-area cell has a second area [Fig 5; 0024; 0030], and wherein the at least one large-area cell is substantially centered along the substrate with respect to the optical axis [Fig 5; 0024; 0030]; and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [Fig 1; 0007-08]. Henseler does not explicitly teach – but Rosenzweig teaches an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the device of Eisele to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 15, Henseler teaches light detection and ranging (lidar) system [0034] comprising: at least one light-emitter device; and a receiver subsystem [Fig 5; 0027], wherein the receiver subsystem comprises: a substrate; an aperture array comprising an at least one aperture defining an optical axis [Fig 5; 0027]; a plurality of photodetector cells, wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [Fig 5; 0024; 0030], wherein the large-area cell has a first area and the small-area cell has a second area [Fig 5; 0024; 0030], and wherein the at least one large- area cell is substantially centered along the substrate with respect to the optical axis [Fig 5; 0024; 0030] and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [Fig 1; 0007-08]. Henseler does not explicitly teach – but Rosenzweig teaches an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the device of Eisele to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 18, Henseler teaches at least one light detection and ranging (lidar) system comprising: at least one light-emitter device; and a receiver subsystem [0059; 0069; 0080; 0088], wherein the receiver subsystem comprises: a substrate; an aperture array comprising an at least one aperture defining an optical axis [#24 of Fig 1a; 0060]; a plurality of photodetector cells [#110 of Fig 3; 0080-83], wherein the plurality of photodetector cells comprises at least one large-area cell and at least one small-area cell [Fig 3, 8; 0083; 0088], wherein the large-area cell has a first area and the small-area cell has a second area [Fig 3, 8; 0083; 0088], and wherein the at least one large- area cell is substantially centered along the substrate with respect to the optical axis [Fig 3, 8; 0083; 0088]; and read out circuitry coupled to the plurality of photodetector cells, wherein the read out circuitry is configured to provide an output signal based on incident light detected by the plurality of photodetector cells [#130, #140, #160 of Fig 5-7; 0085-88]. Henseler does not explicitly teach – but Rosenzweig does not explicitly teach – but Rosenzweig does teach a vehicle [0121; 0123; 0199] – and an aperture array comprising an at least one aperture defining an optical axis [0154-55; 0216]. It would have been obvious to modify the lidar system of Henseler by placing it on or in a vehicle to broadly scan some or all of the objects within the field of view of the LIDAR system while the vehicle is in motion, and to include an aperture defining an optical axis to operate as a filtering window configured to allow wavelengths in a certain wavelength range to enter the photodetector cells and attenuate other wavelengths.
Regarding Claim 2, Henseler also teaches wherein each photodetector cell of the plurality of photodetector cells comprises a single-photon avalanche diode (SPAD) [0011].
Regarding Claim 3, Henseler also teaches wherein each SPAD is operated in a Geiger mode of operation [0011].
Regarding Claim 4, Henseler also teaches wherein the read out circuitry comprises a respective quenching circuit for each SPAD, wherein the respective quenching circuit comprises a quenching resistor [0030].
Regarding Claim 5, Henseler also teaches wherein a combination of the plurality of photodetector cells and the read out circuitry defines at least one solid-state, multi-element, single photon detector [0011; 0027; 0030; 0033].
Regarding Claim 6, Henseler also teaches wherein a combination of the plurality of photodetector cells and the read out circuitry defines at least one silicon photomultiplier (SiPM) [0011; 0027; 0030; 0033].
Regarding Claim 7, Henseler also teaches wherein the plurality of photodetector cells are electrically coupled in a parallel arrangement [0011; 0027; 0030; 0033].
Regarding Claim 8, Henseler also teaches wherein the first area is based on a first edge length or first diameter between 15 microns and 50 microns, and wherein the second area is based on a second edge length or second diameter between 2 microns and 15 microns [0011; 0027; 0030; 0033]
Regarding Claim 9, Henseler also teaches wherein the plurality of photodetector cells is configured to be illuminated by incident light that passes through a backside surface of the substrate [Fig 5-6B; 8; 0024-25; 0029-31].
Regarding Claim 10, Henseler also teaches wherein the plurality of photodetector cells are disposed according to at least one of a square array or a hexagonal array [Fig 5-6B; 8; 0024-25; 0029-31].
Regarding Claim 11, Henseler also teaches wherein the read out circuitry comprises: at least one amplifier coupled to the large-area cell; and at least one amplifier coupled to the small-area cell [Fig 1; 0007-0008].
Regarding Claim 13, Henseler also teaches at least one microlens disposed over a photodetector cell or a group of photodetector cells of the plurality of photodetector cells [Fig 7; 0032-33]
Regarding Claim 14, Henseler also teaches wherein a position of the at least one large-area cell and the at least one small-area cell is selected based on a predetermined beam intensity profile of the incident light [Fig 7; 0032-33]
Regarding Claim 16, Henseler also teaches wherein the aperture array further comprises a plurality of apertures, wherein the respective photodetector cells and the aperture array are aligned so as to define a plurality of receiver channels, wherein each receiver channel comprises a respective group of photodetector cells optically coupled to a respective aperture of the plurality of apertures [Fig 5-6B; 8; 0024-25; 0029-31].
Claim(s) 12, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eisele (US 2014/0078491) and Rosenzweig (US 2018/0143322), as applied to claims 1, 15, and 18 above, and further in view of Grazioso (US 2011/0147567).
Regarding Claim 12 and 17, Eisele does not explicitly teach – but Grazioso does teach wherein the read out circuitry comprises: at least one analog to digital converter (ADC) coupled to the large-area cell [0023-28]; and it least one ADC coupled to the small-area cell, wherein the ADC coupled to the large area cell is a first 12-bit ADC and the ADC coupled to the large area cell is a second 12-bit ADC [0023-28], and wherein the read out circuitry is configured to combine an output of the first 12-bit ADC and an output of the second 12-bit ADC to form the output signal [0023-28], wherein the output signal comprises a 16-bit representation of the light received by the photodetector cells [0023-28]. It would have been obvious to modify the device of Eisele to include plural ADCs of specific bit sizes allow for signal reception and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Regarding Claim 19, Eisele does not explicitly teach – but Grazioso does teach wherein the read out circuitry comprises: at least one first 12-bit analog to digital converter (ADC) coupled to the large-area cell; and at least one second 12-bit ADC coupled to the small-area cell [0023-28]. It would have been obvious to modify the device of Eisele to include plural ADCs of specific bit sizes allow for signal reception and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Regarding Claim 20, Eisele does not explicitly teach – but Grazioso does teach wherein the read out circuitry is configured to combine an output of the first 12-bit ADC and an output of the second 12-bit ADC to form the output signal, wherein the output signal comprises a 16-bit representation of the light received by the photodetector [0023-28]. It would have been obvious to modify the device of Eisele to include plural ADCs of specific bit sizes allow for signal receiption and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Claim(s) 12, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henseler (US 2013/0009267) and Rosenzweig (US 2018/0143322), as applied to claims 1, 15, and 18 above, and further in view of Grazioso (US 2011/0147567).
Regarding Claim 12 and 17, Henseler does not explicitly teach – but Grazioso does teach wherein the read out circuitry comprises: at least one analog to digital converter (ADC) coupled to the large-area cell [0023-28]; and it least one ADC coupled to the small-area cell, wherein the ADC coupled to the large area cell is a first 12-bit ADC and the ADC coupled to the large area cell is a second 12-bit ADC [0023-28], and wherein the read out circuitry is configured to combine an output of the first 12-bit ADC and an output of the second 12-bit ADC to form the output signal [0023-28], wherein the output signal comprises a 16-bit representation of the light received by the photodetector cells [0023-28]. It would have been obvious to modify the device of Henseler to include plural ADCs of specific bit sizes allow for signal reception and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Regarding Claim 19, Henseler does not explicitly teach – but Grazioso does teach wherein the read out circuitry comprises: at least one first 12-bit analog to digital converter (ADC) coupled to the large-area cell; and at least one second 12-bit ADC coupled to the small-area cell [0023-28]. It would have been obvious to modify the device of Henseler to include plural ADCs of specific bit sizes allow for signal reception and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Regarding Claim 20, Henseler does not explicitly teach – but Grazioso does teach wherein the read out circuitry is configured to combine an output of the first 12-bit ADC and an output of the second 12-bit ADC to form the output signal, wherein the output signal comprises a 16-bit representation of the light received by the photodetector [0023-28]. It would have been obvious to modify the device of Henseler to include plural ADCs of specific bit sizes allow for signal receiption and converting an analog energy signal from the photon detection cell cluster to a multi-bit digital energy signal and to generate timing triggers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R HULKA whose telephone number is (571)270-7553. The examiner can normally be reached M-R: 9am-6pm, F: 10am-2pm.
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JAMES R. HULKA
Primary Examiner
Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
Prosecution Insights