DETAILED ACTION
Response to Arguments
Applicant's arguments filed 02/27/2026 have been fully considered but they are not persuasive.
Applicant argues that claim 1 is amended to clarify that the circuitry is configured to output active eSWIR light “in response to” the actual detection of thermal radiation in a first band and that DeFlumere describes where the transition to an active mode is based on the expected arrival of laser pulses. The examiner disagrees. This expectation is for switching of the detector between sensing passive/active and not the outputting of active eSWIR light. This is further described by claim 4 (providing a single monolithic focal plane array, and, biasing the array to selectively be responsive to the incoming infrared radiation and returned laser pulses). Furthermore, DeFlumere discloses, in order to ascertain the whereabouts of the reentry vehicle, infrared radiation from the reentry vehicle is sensed in a cone 20 which represents the field of view for the passive IR detector on the kill vehicle. Upon sensing of a target cloud including the reentry vehicle and decoys, the seeker is switched from a passive IR mode to an active LADAR mode in which steered laser beams 22 are directed towards the target cloud (para. 0026). This paragraph states that active laser beams are directed towards the target upon sensing of the target using passive IR.
Furthermore Deflumere discloses that passive IR works with a 2D image and rely on the heat given off by the target for identification and tracking, and further states that the active laser IR is not suitable for initial target acquisition (para. 0003). Also, see 0012, Passive IR sensor is used for acquisition. Therefore, these paragraphs describe that passive IR is used for initial target acquisition, wherein active IR illumination would follow.
Additionally, pertinent art references that were found in the most recent updated search are disclosed below which describe a combination of active/passive IR.
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 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.
Claims 1, 9, 12-13, 19-20 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeFlumere (US 20040004704).
Regarding claim 1, DeFlumere discloses an infrared imaging system, comprising:
a detector configured to detect passively emitted wavelengths in a first infrared wavelength band and to detect a second infrared wavelength band reflected in response to active illumination, [See Deflumere [0010] Single dual-mode focal plane array for both active and passive seeking. Also, see 0011, different wavelength ranges for active/passive, where the active is shorter than passive (1st wavelength band is 3-5um and 2nd wavelength band corresponds to the 2-3um.]
wherein the second infrared wavelength band is shorter than the first infrared wavelength band and is an extended short wavelength infrared band; and [See Deflumere [0011] Active is in the 1um-10um range, which includes the eSWIR range of 2.0 to 3.0um. Also, see 0011, different wavelength ranges for active/passive, where the active is shorter than passive (1st wavelength band is 3-5um and 2nd wavelength band corresponds to the 2-3um).]
circuitry configured to, in response to the detector detecting an object emitting thermal radiation in the first infrared wavelength band, control a light source to actively output light in the second infrared wavelength band to the object, [See Deflumere [0026] Passive mode is used to determine object and then switched to active mode, in which laser beams are directed towards object.]
wherein the detector is configured to detect light from the light source reflected by the object. [See Deflumere [0010] Single dual-mode focal plane array for both active and passive seeking.]
Regarding claim 9, Deflumere discloses the system of claim 1. Furthermore, Deflumere discloses
wherein the light source is further configured to output light in the first infrared wavelength band. [See Deflumere [0011] Active is in the 1um-10um range, which includes the 3-5um.]
Regarding claim 12, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 1.
Regarding claim 13, Deflumere discloses the system of claim 1. Furthermore, Deflumere discloses
wherein the second infrared wavelength band is an extended short wavelength infrared band. [See Deflumere [0011] Active is in the 1um-10um range, which includes the eSWIR range of 2.0 to 3.0um.]
Regarding claim 19, see examiners rejection for claim 1 which is analogous and applicable for the rejection of claim 19.
Regarding claim 20, Deflumere discloses the method of claim 19. Furthermore, Deflumere discloses
further comprising illuminating the target with light in the second infrared wavelength band. [See Deflumere [0011] Active is in the 1um-10um range, which includes the eSWIR range of 2.0 to 3.0um.]
Regarding claim 22, Deflumere discloses the method of claim 19. Furthermore, Deflumere discloses
wherein detecting the second infrared wavelength band includes receiving the second infrared wavelength band output from a source associated with the target. [See Deflumere [0011] Active is in the 1um-10um range, which includes the eSWIR range of 2.0 to 3.0um. Also, see 0010, Single dual-mode focal plane array for both active and passive seeking. Also, see Fig. 10, laser targeting spot on target.]
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.
Claims 7-8, 18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over DeFlumere (US 20040004704) in view of Houde-Walter et al. (herein after will be referred to as Houde) (US 20180274885).
Regarding claim 7, Deflumere discloses the system of claim 1. Furthermore, Deflumere does not explicitly disclose
wherein the circuitry is further configured to control the light source to output a selected wavelength in the second infrared wavelength band.
However, Houde does disclose
wherein the circuitry is further configured to control the light source to output a selected wavelength in the second infrared wavelength band. [See Houde [0052-0053]]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Houde (modified by Houde ‘885) to add the teachings of Gross, in order to include obvious illumination components such that illumination is emitted at a desired frequency.
Regarding claim 8, Deflumere (modified by Houde ‘885) disclose the system of claim 7. Furthermore, Deflumere does not explicitly disclose
wherein the circuitry is further configured to detect the selected wavelength reflected from a target in a scene being imaged by the detector and determine information from the target based on the reflected signal at the selected wavelength.
However, Houde does disclose
wherein the circuitry is further configured to detect the selected wavelength reflected from a target in a scene being imaged by the detector and determine information from the target based on the reflected signal at the selected wavelength. [See Houde [0048-0049]]
Applying the same motivation as applied in claim 7.
Regarding claim 18, Deflumere (modified by Houde ‘885) disclose the method of claim 12. Furthermore, Deflumere does not explicitly disclose
further comprising tuning to a selected wavelength in the second infrared wavelength band before illuminating at least the portion of the object.
However, Houde does disclose
further comprising tuning to a selected wavelength in the second infrared wavelength band before illuminating at least the portion of the object. [See Houde [0052-0053]]
Applying the same motivation as applied in claim 7.
Regarding claim 21, Deflumere (modified by Houde ‘885) disclose the method of claim 20. Furthermore, Deflumere does not explicitly disclose
wherein illuminating the target with light in the second infrared wavelength band includes controlling the light to have a selected wavelength.
However, Houde does disclose
wherein illuminating the target with light in the second infrared wavelength band includes controlling the light to have a selected wavelength. [See Houde [0052-0053]]
Applying the same motivation as applied in claim 7.
Claims 2-3, 6, 10-11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over DeFlumere (US 20040004704) in view of Gross (US Patent No. 8,761,594).
Regarding claim 2, Deflumere discloses the system of claim 1. Furthermore, Deflumere does not explicitly disclose
wherein the circuitry is configured to control the light source to illuminate an entire field of view being imaged by the detector with the second infrared wavelength band.
However, Gross does disclose
wherein the circuitry is configured to control the light source to illuminate an entire field of view being imaged by the detector with the second infrared wavelength band. [See Gross [Col. 14 lines 43-45] Entire FOV of the camera is illuminated by the illumination array.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Deflumere to add the teachings of Gross, in order to perform a simple substitution of illumination sources.
Regarding claim 3, Deflumere discloses the system of claim 1. Furthermore, Deflumere does not explicitly disclose
wherein the circuitry is configured to control a scanner to scan light output by the light source to illuminate a portion of the object being imaged by the detector.
However, Gross does disclose
wherein the circuitry is configured to control a scanner to scan light output by the light source to illuminate a portion of the object being imaged by the detector. [See Gross [Fig. 12] Digital controller (1232) controls light emitting elements corresponding to the object.]
Applying the same motivation as applied in claim 2.
Regarding claim 6, Deflumere (modified by Gross) disclose the system of claim 3. Furthermore, Deflumere does not explicitly disclose
further comprising a tracker to track the object based on the second infrared wavelength and the circuitry is configured to control scanning based on a position of the object.
However, Gross does disclose
further comprising a tracker to track the object based on the second infrared wavelength and the circuitry is configured to control scanning based on a position of the object. [See Gross [Figs. 5A-5B]]
Applying the same motivation as applied in claim 2.
Regarding claim 10, Deflumere discloses the system of claim 9. Furthermore, Deflumere does not explicitly disclose
wherein the light source illuminates an entire field of view being imaged by the detector with the second infrared wavelength band.
However, Gross does disclose
wherein the light source illuminates an entire field of view being imaged by the detector with the second infrared wavelength band. [See Gross [Col. 14 lines 43-45] Entire FOV of the camera is illuminated by the illumination array.]
Applying the same motivation as applied in claim 2.
Regarding claim 11, Deflumere discloses the system of claim 9. Furthermore, Deflumere does not explicitly disclose
wherein the light source illuminates less than the entire field of view being imaged by the detector with the second infrared wavelength band.
However, Gross does disclose
wherein the light source illuminates less than the entire field of view being imaged by the detector with the second infrared wavelength band. [See Gross [Fig. 2]]
Applying the same motivation as applied in claim 2.
Regarding claim 17, Deflumere discloses the method of claim 12. Furthermore, Deflumere does not explicitly disclose
further comprising illuminating a field of view of the detector with the second infrared wavelength band.
However, Gross does disclose
further comprising illuminating a field of view of the detector with the second infrared wavelength band. [See Gross [Col. 14 lines 43-45] Entire FOV of the camera is illuminated by the illumination array.]
Applying the same motivation as applied in claim 2.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over DeFlumere (US 20040004704) in view of Gross (US Patent No. 8,761,594) and in further view of Kozicki (US 20250005308).
Regarding claim 4, DeFlumere (modified by Houde and Gross) disclose the system of claim 3. Furthermore, DeFlumere does not explicitly disclose
wherein the circuitry is configured to control a scanner to scan the light output by the light source to illuminate an entirety of the object simultaneously.
However, Kozicki does disclose
wherein the circuitry is configured to control a scanner to scan the light output by the light source to illuminate an entirety of the object simultaneously. [See Kozicki [0167] Flood illumination.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by DeFlumere (modified by Gross) to add the teachings of Kozicki, in order to perform a simple substitution of illumination sources.
Regarding claim 5, DeFlumere (modified by Gross) disclose the system of claim 3. Furthermore, DeFlumere does not explicitly disclose
wherein the circuitry is configured to control the scanner to scan the light output by the light source to illuminate subsets of the object sequentially.
However, Kozicki does disclose
wherein the circuitry is configured to control the scanner to scan the light output by the light source to illuminate subsets of the object sequentially. [See Kozicki [0164-0165] Sequential illumination.]
Applying the same motivation as applied in claim 4.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DeFlumere (US 20040004704) in view of Benser et al. (herein after will be referred to as Benser) (US 20180091746).
Regarding claim 14, Deflumere discloses the system of claim 1. Furthermore, Deflumere does not explicitly disclose
wherein the first infrared wavelength band is a long wave infrared wavelength band.
However, Benser does disclose
wherein the first infrared wavelength band is a long wave infrared wavelength band. [See Benser [0014] Passive infrared for LWIR.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by DeFlumere (modified by Gross) to add the teachings of Benser, in order to adapt the wavelength bands based on the environmental conditions [See Benser [0002]].
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over DeFlumere (US 20040004704) in view of Kozicki (US 20250005308).
Regarding claim 15, DeFlumere discloses the method of claim 12. Furthermore, DeFlumere does not explicitly disclose
wherein illuminating the object includes scanning illumination across the object.
However, Kozicki does disclose
wherein illuminating the object includes scanning illumination across the object. [See Kozicki [0164-0165] Sequential illumination.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by DeFlumere to add the teachings of Kozicki, in order to perform a simple substitution of illumination sources.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230204505 – para. 0053
US 20050068517
US Patent No. 4,326,799
US 20160363653
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES T BOYLAN whose telephone number is (571)272-8242. The examiner can normally be reached Monday-Friday 7am-3pm.
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/JAMES T BOYLAN/Examiner, Art Unit 2486