Prosecution Insights
Last updated: April 19, 2026
Application No. 18/549,915

OPTICAL SYSTEM FOR OBTAINING 3D SPATIAL INFORMATION

Non-Final OA §102§103§112
Filed
Sep 10, 2023
Examiner
RATCLIFFE, LUKE D
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Immensa Spv Holdings Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
1476 granted / 1690 resolved
+35.3% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
43 currently pending
Career history
1733
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
50.2%
+10.2% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1690 resolved cases

Office Action

§102 §103 §112
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. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “15” has been used to designate both modulators and a polarization filter. 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. 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. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the evaluation unit must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. Claim Rejections - 35 USC § 112 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 appl icant regards as his invention. Claim 1-14 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. Referring to claims 1-14, multiple limitations are claimed in the alternative and render the claims indefinite because there are a multitude of permutations that do not lend the claims a definitive scope. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation a spatial region, and the claim also recites for detecting 3D information of an object which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 2 recites the broad recitation position detection unit, and the claim also recites at least one RGB camera which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 5-10, and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berlow (20190195691). Referring to claim s 1 and 12-14 , Berlow shows a n optical system for obtaining 3D spatial information within a spatial region, in particular for detecting 3D information of an object (see abstract) , comprising: a light receiving device comprising at least one light detector (see figure 2 Ref 108/114) , which is aligned with the spatial region (see figure 2 Ref 107) ; at least one optical modulator unit for rotating a polarization of a light passing through the at least one modulator unit (see figure 2 Ref 106) ; and at least one polarization filter, which is optically connected downstream of the at least one modulator unit (see figure 2 Ref 111) ; wherein at least one color band-pass filter, is provided, which is optically connected upstream or downstream of the polarization filter, and/or wherein the at least one modulator unit comprises at least two optical modulators (see figure 2 Ref 106 and 112) . Referring to claim 2, Berlow shows at least one 3D information detection and/or position detection unit, in particular at least one RGB camera and/or at least one gyroscope (see paragraph 17) . Referring to claim 3, Berlow shows including a light generating device which has at least one light emitter for emitting light into the spatial region, wherein the light generating device comprises: at least one LED, or at least one diffuser or at least one IR light emitting device or at least one RGB light emitting device, for emitting at least two different colors (see paragraph 37) . Referring to claim 5, Berlow shows the modulator unit comprises at least one liquid crystal device or TN-effect-based device connected in series (see paragraph 21) . Referring to claim 6, Berlow shows the modulator unit comprises at least two liquid crystal devices, which are configured such that a downstream modulator is matched with at least one polarisation direction emerging from an upstream modulator (see figure 2 Ref 106 and 112) . Referring to claim 7, Berlow shows further including an evaluation unit comprising a processor configured for evaluating data acquired by the light detection unit (see paragraph 42) . Referring to claim 9, Berlow shows wherein the light generating device emits polarised light or light with a preferred direction in polarisation, or that the light generating device emits unpolarised light or light without a preferred direction in polarisation (see paragraph 37) . Referring to claim 10, Berlow shows a control device for controlling the optical modulator unit (see paragraph 41) . 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berlow (20190195691) in view of Cao (20170134719). Referring to claim 4, Berlow does show determining 3D spatial information however does not show a display. Cao shows a similar device that includes a display (see figure 1). It would have been obvious to include the display of Cao because this allows a user to see the 3D spatial information on the display as shown by Cao. Claim(s) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berlow (20190195691) in view of Banks (20100128109). Referring to claim 8, Berlow fails to show but Banks shows he colour band-pass filter includes a single colour band-pass filter, a multiple colour filter, a triple colour filter, or wherein at least two colours are formed therefrom (see paragraph 6 and 191) . It would have been obvious to include the bandpass filter as shown by Banks because this allows ambient light to be filtered. Referring to claim 11, Berlow fails to show but Banks shows a housing (see figure 1). It would have been obvious to include the housing because a housing protects the electronics from the environment. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LUKE D RATCLIFFE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3110 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9:00AM-5:00PM EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Isam Alsomiri can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6970 . 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. /LUKE D RATCLIFFE/ Primary Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Sep 10, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
98%
With Interview (+10.2%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1690 resolved cases by this examiner. Grant probability derived from career allow rate.

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