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 .
Status of Claims
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 14-16 are objected to because of the following informalities:
Regarding claim 14, line 1 recites “The lidar device 1, further comprising one or more light detectors configured to …”. It seems the applicant intended for the underlined recitation to read “The lidar device of claim 1”.
Claims 15-16 are objected to by virtue of dependency.
Appropriate correction is required.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 1, U.S. Patent No. US11947048B2 teaches a light detection and ranging (lidar) device comprising (U.S. Patent No. US11947048B2; claim 1: A light detection and ranging (lidar) device comprising):
a first light emitter having a first emission bandwidth and configured to emit a first light signal (U.S. Patent No. US11947048B2; claim 1: a first light emitter configured to emit a first light signal);
a second light emitter having a second emission bandwidth and configured to emit a second light signal, wherein the second emission bandwidth is different than the first emission bandwidth such that first and second light signals have different wavelengths (U.S. Patent No. US11947048B2, claim 1: a second light emitter configured to emit a second light signal; wherein the wavelength of the first light signal and the wavelength of the second light signal are different from one another);
a substrate (U.S. Patent No. US11947048B2; claim 1: a transparent substrate);
a first light guide disposed on the substrate, wherein the first light guide is optically coupled to the first light emitter and configured to guide the first light signal from a first input end to a first output end, wherein the first output end comprises a first angled portion configured to direct the first light signal through the substrate and toward an environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 1: a first light guide disposed on the transparent substrate, wherein the first light guide is optically coupled to the first light emitter and configured to guide the first light signal from a first input end to a first output end, wherein the first output end comprises a first angled portion configured to direct the first light signal through the transparent substrate and toward an environment surrounding the lidar device); and
a second light guide disposed on the substrate, wherein the second light guide is optically coupled to the second light emitter and configured to guide the second light signal from a second input end to a second output end, wherein the second output end comprises a second angled portion configured to direct the second light signal through the substrate and toward the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 1: a second light guide disposed on the transparent substrate, wherein the second light guide is optically coupled to the second light emitter and configured to guide the second light signal from a second input end to a second output end, wherein the second output end comprises a second angled portion configured to direct the second light signal through the transparent substrate and toward the environment surrounding the lidar device).
Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 2, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 1, wherein the substrate is at least partially transparent (U.S. Patent No. US11947048B2; claim 1: a transparent substrate).
Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 4, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 1, further comprising:
a first wavelength-locking mechanism optically coupled to the first light emitter (U.S. Patent No. US11947048B2; claim 1: a first wavelength-locking mechanism configured to use a portion of the first light signal to maintain a wavelength of the first light signal); and
a second wavelength-locking mechanism optically coupled to the second light emitter (U.S. Patent No. US11947048B2; claim 1: a second wavelength-locking mechanism configured to use a portion of the second light signal to maintain a wavelength of the second light signal).
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 3 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 5, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism is configured to reflect a first feedback light signal toward the first light emitter, and wherein the second wavelength-locking mechanism is configured to reflect a second feedback light signal toward the second light emitter (U.S. Patent No. US11947048B2; claim 3: The lidar device of claim 1, wherein: the first wavelength-locking mechanism comprises a first distributed Bragg reflector defined within the first light guide that redirects the portion of the first light signal back toward the first light emitter, and wherein the second wavelength locking mechanism comprises a second distributed Bragg reflector defined within the second light guide that redirects the portion of the second light signal back toward the second light emitter).
Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 3 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 7, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism comprises a first distributed Bragg reflector, and wherein the second wavelength-locking mechanism comprises a second distributed Bragg reflector (U.S. Patent No. US11947048B2; claim 3: The lidar device of claim 1, wherein: the first wavelength-locking mechanism comprises a first distributed Bragg reflector defined within the first light guide that redirects the portion of the first light signal back toward the first light emitter, and wherein the second wavelength locking mechanism comprises a second distributed Bragg reflector defined within the second light guide that redirects the portion of the second light signal back toward the second light emitter).
Claim 8 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 3 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 8, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 7, wherein the first distributed Bragg reflector is defined within the first light guide, and wherein the second distributed Bragg reflector is defined within the second light guide (U.S. Patent No. US11947048B2; claim 3: The lidar device of claim 1, wherein: the first wavelength-locking mechanism comprises a first distributed Bragg reflector defined within the first light guide that redirects the portion of the first light signal back toward the first light emitter, and wherein the second wavelength locking mechanism comprises a second distributed Bragg reflector defined within the second light guide that redirects the portion of the second light signal back toward the second light emitter).
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 5 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 9, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism comprises a first volume Bragg grating, and wherein the second wavelength-locking mechanism comprises a second volume Bragg grating (U.S. Patent No. US11947048B2; claim 5: The lidar device of claim 1, wherein the first wavelength-locking mechanism comprises a first volume Bragg grating that redirects the portion of the first light signal back toward the first light emitter, and wherein the second wavelength-locking mechanism comprises a second volume Bragg grating that redirects the portion of the second light signal back toward the second light emitter).
Claim 10 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 5 and 6 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 10, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 9, wherein the first volume Bragg grating is optically positioned between the first light emitter and the first light guide, and wherein the second volume Bragg grating is optically positioned between the second light emitter and the second light guide (U.S. Patent No. US11947048B2; claim 6: The lidar device of claim 5, wherein the first volume Bragg grating is optically positioned between the first light emitter and the first light guide, and wherein the second volume Bragg grating is optically positioned between the second light emitter and the second light guide).
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 8 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 11, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism comprises a first dye or a first quantum-dot material within the first light guide, and wherein the second wavelength-locking mechanism comprises a second dye or a second quantum-dot material within the second light guide (U.S. Patent No. US11947048B2; claim 8: The lidar device of claim 1, wherein the first wavelength-locking mechanism comprises a first dye or a first quantum-dot material within the first light guide, and wherein the second wavelength-locking mechanism comprises a second dye or a second quantum-dot material within the second light guide).
Claim 12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 9 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 12, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism comprises a first optical filter positioned at the first output end of the first light guide, and wherein the second wavelength-locking mechanism comprises a second optical filter positioned at the second output end of the second light guide (U.S. Patent No. US11947048B2; claim 9: The lidar device of claim 1, wherein the first wavelength-locking mechanism comprises a first optical filter positioned at the first output end of the first light guide, and wherein the second wavelength-locking mechanism comprises a second optical filter positioned at the second output end of the second light guide).
Claim 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 10 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 13, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 4, wherein the first wavelength-locking mechanism is a first portion of a chirped volume Bragg grating, and wherein the second wavelength-locking mechanism is a second portion of the chirped volume Bragg grating (U.S. Patent No. US11947048B2; claim 10: The lidar device of claim 1, wherein the first wavelength-locking mechanism is a first portion of a chirped volume Bragg grating, and wherein the second wavelength-locking mechanism is a second portion of the chirped volume Bragg grating).
Claim 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 14, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 1, further comprising one or more light detectors configured to detect reflections of the first and second light signals from the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 1: a first light detector positioned to receive the first light signal upon the first light signal being reflected by a first object in the environment surrounding the lidar device; a second light detector positioned to receive the second light signal upon the second light signal being reflected by a second object in the environment surrounding the lidar device).
Claim 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 15, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 14, wherein the one or more light detectors include at least a first light detector configured to detect reflections of the first light signal from the environment surrounding the lidar device and a second light detector configured to detect reflections of the second light signal from the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 1: a first light detector positioned to receive the first light signal upon the first light signal being reflected by a first object in the environment surrounding the lidar device; a second light detector positioned to receive the second light signal upon the second light signal being reflected by a second object in the environment surrounding the lidar device).
Claim 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 16, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 14, wherein the first and second light detectors are sensitive to different wavelengths (U.S. Patent No. US11947048B2; claim 1: a first light detector positioned to receive the first light signal upon the first light signal being reflected by a first object in the environment surrounding the lidar device; a second light detector positioned to receive the second light signal upon the second light signal being reflected by a second object in the environment surrounding the lidar device; […] wherein the wavelength of the first light signal and the wavelength of the second light signal are different from one another).
Claim 17 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 17, U.S. Patent No. US11947048B2 teaches a method comprising: (U.S. Patent No. US11947048B2; claim 12: A method comprising:)
emitting, from a first light emitter of a light detection and ranging (lidar) device, a first light signal, wherein the first light emitter has a first emission bandwidth (U.S. Patent No. US11947048B2; claim 12: emitting, from a first light emitter of a light detection and ranging (lidar) device, a first light signal);
emitting, from a second light emitter of the lidar device, a second light signal, wherein the second light emitter has a second emission bandwidth, and wherein the second emission bandwidth is different than the first emission bandwidth such that first and second light signals have different wavelengths (U.S. Patent No. US11947048B2; claim 12: emitting, from a second light emitter of the lidar device, a second light signal; wherein the wavelength of the first light signal and the wavelength of the second light signal are different from one another);
guiding, by a first light guide disposed on a substrate and optically coupled to the first light emitter, the first light signal from a first input end to a first output end, wherein the first output end comprises a first angled portion configured to direct the first light signal through the substrate and toward an environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 12: guiding, by a first light guide disposed on a transparent substrate and optically coupled to the first light emitter, the first light signal from a first input end to a first output end, wherein the first output end comprises a first angled portion configured to direct the first light signal through the transparent substrate toward an environment surrounding the lidar device); and
guiding, by a second light guide disposed on the substrate and optically coupled to the second light emitter, the second light signal from a second input end to a second output end, wherein the second output end comprises a second angled portion configured to direct the second light signal through the substrate and toward the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 12: guiding, by a second light guide disposed on the transparent substrate and optically coupled to the second light emitter, the second light signal from a second input end to a second output end, wherein the second output end comprises a second angled portion configured to direct the second light signal through the transparent substrate and toward the environment surrounding the lidar device).
Claim 18 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 18, U.S. Patent No. US11947048B2 teaches the method as recited in claim 17, further comprising:
reflecting, by a first wavelength-locking mechanism, a first feedback light signal toward the first light emitter, wherein the first emission bandwidth is based on the first feedback light signal (U.S. Patent No. US11947048B2; claim 12: maintaining, by a first wavelength-locking mechanism using a portion of the first light signal, a wavelength of the first light signal); and
reflecting, by a second wavelength-locking mechanism, a second feedback light signal toward the second light emitter, wherein the second emission bandwidth is based on the second feedback light signal (U.S. Patent No. US11947048B2; claim 12: maintaining, by a second wavelength-locking mechanism using a portion of the second light signal, a wavelength of the second light signal).
Claim 19 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 19, U.S. Patent No. US11947048B2 teaches the method as recited in claim 17, further comprising:
detecting, by one or more light detectors of the lidar device, reflections of the first light signal from the environment surrounding the lidar device and reflections of the second light signal from the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 12: receiving, by a first light detector, the first light signal upon the first light signal being reflected by a first object in the environment surrounding the lidar device; and receiving, by a second light detector, the second light signal upon the second light signal being reflected by a second object in the environment surrounding the lidar device).
Claim 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. US11947048B2. Although the claims at issue are not identical, they are not patentably distinct from each other.
Regrading claim 20, U.S. Patent No. US11947048B2 teaches the method as recited in claim 17, further comprising:
detecting, by a first light detector of the lidar device, reflections of the first light signal from the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 12: receiving, by a first light detector, the first light signal upon the first light signal being reflected by a first object in the environment surrounding the lidar device); and
detecting, by a second light detector of the lidar device, reflections of the second light signal from the environment surrounding the lidar device (U.S. Patent No. US11947048B2; claim 12: receiving, by a second light detector, the second light signal upon the second light signal being reflected by a second object in the environment surrounding the lidar device).
Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11947048B2 in view of Lee et al., WO2008121075A1 (“Lee”).
Regrading claim 3, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 1. However, U.S. Patent No. US11947048B2 does not teach wherein the substrate has one or more holes defined therein, and wherein the first angled portion is configured to direct the first light signal through the one or more holes.
Lee teaches an optical interconnect structure wherein the substrate has one or more holes defined therein, and wherein the first angled portion is configured to direct the first light signal through the one or more holes ([Page 10; lines 14-21], the waveguide 106 may be embedded within a PCB structure, for example by sandwiching the waveguide 106 between two internal layers of a multi-layer board. Figure 1c shows a schematic cross-sectional drawing of such an alternative embodiment, in which the waveguide 106 is sandwiched between two internal layers 150, 152 in a multi-layer board 154. Openings 156, 158 for light transmission into or out of the waveguide 106, or both at the same time, are formed in the upper internal layer 152).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention taught by U.S. Patent No. US11947048B2 to modify the lidar substrate by creating one or more holes, such that the light signals can be directed through these holes via the waveguide angled portions, as taught by Lee. This is simply an obvious variation in the system design that is known and predictable in the art. “Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art” (MPEP 2141.III KSR Rationale F).
Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 3 of U.S. Patent No. US11947048B2 in view of Eichenholz et al., US 20200076152 A1 (“Eichenholz”).
Regrading claim 6, U.S. Patent No. US11947048B2 teaches the lidar device as recited in claim 5. However, U.S. Patent No. US11947048B2 does not teach wherein the first emission bandwidth is based on the first feedback light signal, and wherein the second emission bandwidth is based on the second feedback light signal.
Eichenholz teaches wherein the first emission bandwidth is based on the first feedback light signal, and wherein the second emission bandwidth is based on the second feedback light signal (Fig. 10 and [0095], In particular embodiments, a wavelength-selective optical element ( e.g., a VBG, an optical filter, a diffraction grating, or a fiber Bragg grating) may be used to stabilize the operating wavelength of a laser diode 360 […] a VBG 385 may reflect a narrow portion of the spectrum of emitted light 370 back to the laser diode 360 as feedback light 390. For example, a laser diode 360 may emit light over a 5-nm wavelength range, and a VBG 385 may be configured to send back light within an optical bandwidth of approximately 0.01 nm, 0.05 nm, 0.1 nm, or 0.5 nm. The VBG 385 may diffract back any suitable percentage of incident light (e.g., approximately 0.5%, 1%, 2%, 5%, 10%, 20%, or 50%) within the optical bandwidth of the VBG, and light at wavelengths outside the optical bandwidth of the VBG may be substantially transmitted through the VBG. The returned feedback light 390 in the narrow wavelength range may act as optical-seed light that causes the laser diode 360 to lase and emit light in the same narrow wavelength range. [0096] By returning feedback light 390 in a narrow wavelength range to the laser diode 360, the laser diode 360 may be stabilized to emit light only within that narrow wavelength range).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention taught by U.S. Patent No. US11947048B2 to adjust the first / second emission bandwidths based on the returned first / second feedback light signals, as taught by Eichenholz. Such modification may be used to stabilize the wavelengths of light sources, narrow the optical bandwidths of light sources, and reduce the temperature drift of the operating wavelengths (Eichenholz; [0096]).
Conclusion
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/KHALIL ALI AHMAD/Examiner, Art Unit 3645
/YUQING XIAO/Supervisory Patent Examiner, Art Unit 3645
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