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
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 27-50 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-26 of prior U.S. Patent No. 11,947,040 B2. This is a statutory double patenting rejection.
Present Application No. 18618256
U.S. Patent No. 11,947,040 B2
Claim Comparison
27. A system for operation of a light detection and ranging (LiDAR) system, comprising: an arrayed micro-optic having an array of optical emission sites configured to receive light from a light source so as to produce and project a two-dimensional array of light spots on a scene; receiver optics having an array of optical detection sites configured so as to be suitable for establishing a one-to-one correspondence between the light spots in the two- dimensional array and the optical detection sites in the receiver optics; and a controller configured to selectively activate or deactivate or each optical emission site of the array of optical emission sites and/or each optical detection site of the array of optical detection sites.
1. A method for operation of a light detection and ranging (LiDAR) system, comprising: producing and projecting a two-dimensional array of light spots on a scene, by an arrayed micro-optic having an array of optical emission sites, using light emitted from a light source, such that the light travels a light path from the arrayed micro-optic to a lens, from the lens to a birefringent prism, from the birefringent prism to a quarter wave plate, and from the quarter wave plate to the scene, wherein the light as reflected from the scene travels from the scene to the quarter wave plate, from the quarter wave plate to the birefringent prism, from the birefringent prism to the lens, and from the lens to receiver optics having an array of optical detection sites; and receiving, by the receiver optics, the light as reflected from the scene, each of the light spots in the two-dimensional array having a one-to-one correspondence with an optical detection site in the receiver optics, a mask having an array of apertures being located in the light path between the lens and the receiver optics, each of the apertures being located in front of a respective one of the optical detection sites.
19. The method of claim 1, further comprising, by a controller, selectively activating or deactivating each optical detection site of the array of optical detection sites.
22. The method of claim 19, further comprising, by the controller, selectively activating or deactivating each optical emission site of the array of optical emission sites.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claim 27 is generic to the species of invention covered by claims 1, 19, and 22 of the application. Thus, the generic invention is “anticipated” by the species of the patented invention.
28. The system of claim 27, wherein a size of each optical detection site is smaller than a size of each light spot projected onto the receiver optics, and the controller is further configured to selectively activate or deactivate each optical detection site to correspond to a calculated or measured aberrated shape of a light spot received in a focal plane of the array of optical detection sites.
20. The method of claim 19, wherein a size of each optical detection site is smaller than a size of each light spot projected onto the receiver optics.
21. The method of claim 19, further comprising, by the controller, selectively activating or deactivating each optical detection site to correspond to a calculated or measured aberrated shape of a light spot received in a focal plane of the array of optical detection sites.
The combination of claims 20 and 21 of the U.S. Patent are equivalent to claim 28 of the present application.
29. The system of claim 27, wherein an activation state of at least one emission site of the array of optical emission sites determines an activation state of an associated at least one optical detection site of the array of optical detection sites.
23. The method of claim 22, wherein an activation state of at least one emission site of the array of optical emission sites determines an activation state of an associated at least one optical detection site of the array of optical detection sites.
Claim 23 of the U.S. Patent is equivalent to claim 29 of the present application.
30. The system of claim 27, wherein the controller is further configured to: produce and project the two-dimensional array of light spots on the scene, by the arrayed micro-optic, such that the light travels a light path from the arrayed micro-optic to a lens, from the lens to a birefringent prism, from the birefringent prism to a quarter wave plate, and from the quarter wave plate to the scene, wherein the light as reflected from the scene travels from the scene to the quarter wave plate, from the quarter wave plate to the birefringent prism, from the birefringent prism to the lens, and from the lens to the receiver optics; and receive, by the receiver optics, the light as reflected from the scene, each of the light spots in the two-dimensional array having the one-to-one correspondence with the optical detection sites in the receiver optics, a mask having an array of apertures being located in the light path between the lens and the receiver optics, each of the apertures being located in front of a respective one of the optical detection sites.
1. A method for operation of a light detection and ranging (LiDAR) system, comprising: producing and projecting a two-dimensional array of light spots on a scene, by an arrayed micro-optic having an array of optical emission sites, using light emitted from a light source, such that the light travels a light path from the arrayed micro-optic to a lens, from the lens to a birefringent prism, from the birefringent prism to a quarter wave plate, and from the quarter wave plate to the scene, wherein the light as reflected from the scene travels from the scene to the quarter wave plate, from the quarter wave plate to the birefringent prism, from the birefringent prism to the lens, and from the lens to receiver optics having an array of optical detection sites; and receiving, by the receiver optics, the light as reflected from the scene, each of the light spots in the two-dimensional array having a one-to-one correspondence with an optical detection site in the receiver optics, a mask having an array of apertures being located in the light path between the lens and the receiver optics, each of the apertures being located in front of a respective one of the optical detection sites.
Claim 1 of the U.S. Patent is equivalent to claim 30 of the present application.
31. The system of claim 30, wherein the birefringent prism comprises a birefringent wedge.
2. The method of claim 1, wherein the birefringent prism comprises a birefringent wedge.
Claim 2 of the U.S. Patent is equivalent to claim 31 of the present application.
32. The system of claim 30, wherein the arrayed micro-optic comprises a micro-opto-electro-mechanical system (MOEMS) chip having a waveguide.
3. The method of claim 1, wherein the arrayed micro-optic comprises a micro-opto-electro-mechanical system (MOEMS) chip having a waveguide.
Claim 3 of the U.S. Patent is equivalent to claim 32 of the present application.
33. The system of claim 32, wherein the mask is coupled to the MOEMS chip.
4. The method of claim 3, wherein the mask is coupled to the MOEMS chip.
Claim 4 of the U.S. Patent is equivalent to claim 33 of the present application.
34. The system of claim 32, wherein a distance between the MOEMS chip and the receiver optics is in the range of 5 to 30 micrometers.
5. The method of claim 3, wherein a distance between the MOEMS chip and the receiver optics is in the range of 5 to 30 micrometers.
Claim 5 of the U.S. Patent is equivalent to claim 34 of the present application.
35. The system of claim 32, wherein the waveguide comprises a transparent substrate.
6. The method of claim 3, wherein the waveguide comprises a transparent substrate.
Claim 6 of the U.S. Patent is equivalent to claim 35 of the present application.
36. The system of claim 32, wherein the MOEMS chip and the receiver optics form a monolithic structure.
7. The method of claim 3, wherein the MOEMS chip and the receiver optics form a monolithic structure.
Claim 7 of the U.S. Patent is equivalent to claim 36 of the present application.
37. The system of claim 36, wherein the receiver optics include a detector chip and wherein the MOEMS chip is bonded to the detector chip.
8. The method of claim 7, wherein the receiver optics include a detector chip and wherein the MOEMS chip is bonded to the detector chip.
Claim 8 of the U.S. Patent is equivalent to claim 37 of the present application.
38. The system of claim 32, wherein the MOEMS chip comprises a plurality of optical gratings.
9. The method of claim 3, wherein the MOEMS chip comprises a plurality of optical gratings.
Claim 9 of the U.S. Patent is equivalent to claim 38 of the present application.
39. The system of claim 38, wherein the plurality of optical gratings and the receiver optics are arranged in the same plane.
10. The method of claim 9, wherein the plurality of optical gratings and the receiver optics are arranged in the same plane.
Claim 10 of the U.S. Patent is equivalent to claim 39 of the present application.
40. The system of claim 38, wherein each of the plurality of optical gratings corresponds to one optical emission site of the array of optical emission sites.
11. The method of claim 9, wherein each of the plurality of optical gratings corresponds to one optical emission site of the array of optical emission sites.
Claim 11 of the U.S. Patent is equivalent to claim 40 of the present application.
41. The system of claim 38, wherein a plurality of grating couplers couple incident light from each grating of the plurality of optical gratings into the waveguide.
12. The method of claim 9, wherein a plurality of grating couplers couple incident light from each grating of the plurality of optical gratings into the waveguide.
Claim 12 of the U.S. Patent is equivalent to claim 41 of the present application
42. The system of claim 41, wherein the plurality of grating couplers are made from silicon nitride, wherein the optical gratings are made from silicon or silicon nitride, and wherein the waveguide is made from silicon or silicon nitride
13. The method of claim 12, wherein the plurality of grating couplers are made from silicon nitride, wherein the optical gratings are made from silicon or silicon nitride, and wherein the waveguide is made from silicon or silicon nitride.
Claim 13 of the U.S. Patent is equivalent to claim 42 of the present application.
43. The system of claim 30, wherein the mask comprises a layer having a plurality of openings, each opening being in the light path leading to a respective one of the optical detection sites.
14. The method of claim 1, wherein the mask comprises a layer having a plurality of openings, each opening being in the light path leading to a respective one of the optical detection sites.
Claim 14 of the U.S. Patent is equivalent to claim 43 of the present application.
44. The system of claim 43, wherein the layer is made from a material selected from the group consisting of aluminum, copper, gold, platinum, chromium, titanium, silicon, carbon, graphite, or combinations thereof.
15. The method of claim 14, wherein the layer is made from a material selected from the group consisting of aluminum, copper, gold, platinum, chromium, titanium, silicon, carbon, graphite, or combinations thereof.
Claim 15 of the U.S. Patent is equivalent to claim 44 of the present application.
45. The system of claim 30, wherein a shape of at least one of the apertures corresponds to a calculated or measured aberrated shape of a light spot received in a focal plane of the respective optical detection site.
16. The method of claim 1, wherein a shape of at least one of the apertures corresponds to a calculated or measured aberrated shape of a light spot received in a focal plane of the respective optical detection site.
Claim 16 of the U.S. Patent is equivalent to claim 45 of the present application.
46. The system of claim 30, wherein a shape of at least one of the apertures is different from a shape of another one of the apertures.
17. The method of claim 1, wherein a shape of at least one of the apertures is different from a shape of another one of the apertures.
Claim 17 of the U.S. Patent is equivalent to claim 46 of the present application.
47. The system of claim 30, wherein a shape of at least one of the apertures is selected to mitigate variations in manufacturing of the respective optical detection site or a thermal shift of the respective optical detection site.
18. The method of claim 1, wherein a shape of at least one of the apertures is selected to mitigate variations in manufacturing of the respective optical detection site or a thermal shift of the respective optical detection site.
Claim 18 of the U.S. Patent is equivalent to claim 47 of the present application.
48. The system of claim 30, wherein the optical detection sites are single- photon avalanche diode (SPAD) detectors.
24. The method of claim 1, wherein the optical detection sites are single- photon avalanche diode (SPAD) detectors.
Claim 24 of the U.S. Patent is equivalent to claim 48 of the present application.
49. The system of claim 30, wherein the optical detection sites are silicon photomultiplier (SiPM) detectors.
25. The method of claim 1, wherein the optical detection sites are silicon photomultiplier (SiPM) detectors.
Claim 25 of the U.S. Patent is equivalent to claim 49 of the present application.
50. (New) The system of claim 30, wherein the birefringent prism shifts a beam of light traveling through the birefringent prism by half a degree or less.
26. The method of claim 1, wherein the birefringent prism shifts a beam of light traveling through the birefringent prism by half a degree or less.
Claim 26 of the U.S. Patent is equivalent to claim 50 of the present application.
Conclusion
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/ETHAN JAKOB SLAUGHTER/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648
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