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 .
35 USC § 101
The claims limitation contain an abstract idea, however, the claims limitations of
calculate LIDAR data for the sample region from the beat frequencies of multiple of the beating signals, the LIDAR data indicating a distance and/or a radial velocity between the LIDAR system and the object integrated the judicial exception into a practical application. Therefore, the claims are not subject to the 101 rejections.
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).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18, and 21-22 of U.S. Patent No. U.S. Patent No. US 12,019,185 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as outlined in the table below.
Claim 1 can be compared to claim 1 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
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Claim 3 can be compared to claim 2 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 3 of Pending application
Claim 2 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein the electronics are configured to perform the mathematical transforms so as to identify a value of the beat frequency for each of the beating signals and the values of the beat frequencies are variables in equations that the electronics use to calculate the LIDAR data.
The system of claim 1, wherein the electronics are configured to perform the mathematical transforms so as to identify a value of the beat frequency for each of the beating signals and the values of the beat frequencies are variables in equations that the electronics use to calculate the LIDAR data.
Claims 4 can be compared to claims 2 and 3 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 4 of Pending application
Claim 3 of U.S. Patent No. US 12,019,185 B2
The system of claim 3, wherein the mathematical transforms are Fourier transforms.
The system of claim 2, wherein the mathematical transforms are Fourier transforms.
Claims 5 can be compared to claims 2, 3, and 4 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 5 of Pending application
Claim 4 of U.S. Patent No. US 12,019,185 B2
The system of claim 4, wherein the Fourier transforms are each a complex Fourier transform.
The system of claim 3, wherein the Fourier transforms are each a complex Fourier transform.
Claims 7 can be compared to claims 2, 3, 4, 5, and 6 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 7 of Pending application
Claim 6 of U.S. Patent No. US 12,019,185 B2
The system of claim 6, wherein the first data signal is a composite of a first waveform and a second waveform and the second data signal is a composite of the first waveform and the second waveform, the portion of the first waveform in the first data signal being phase-shifted relative to the portion of the first waveform in the first data signal but the portion of the second waveform in the first data signal being in-phase relative to the portion of the second waveform in the first data signal.
The system of claim 5, wherein the first data signal is a composite of a first waveform and a second waveform and the second data signal is a composite of the first waveform and the second waveform, the portion of the first waveform in the first data signal being phase-shifted relative to the portion of the first waveform in the first data signal but the portion of the second waveform in the first data signal being in-phase relative to the portion of the second waveform in the first data signal.
Claims 8 can be compared to claim 13 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 8 of Pending application
Claim 13 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein each of the LIDAR output signals travels away from the LIDAR system in the same direction.
The system of claim 1, wherein each of the LIDAR output signals travels away from the LIDAR system in the same direction.
Claims 9 can be compared to claim 14 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 9 of Pending application
Claim 14 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein during the illumination of the sample region a frequency of different LIDAR output signals is chirped in different directions.
The system of claim 1, wherein during the illumination of the sample region a frequency of different LIDAR output signals is chirped in different directions.
Claims 10 can be compared to claim 17 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 10 of Pending application
Claim 17 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein each of the LIDAR input signals carries a channel at a different wavelength.
The system of claim 1, wherein each of the LIDAR input signals carries a channel at a different wavelength.
Claims 11 can be compared to claims 17 and 18 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 11 of Pending application
Claim 18 of U.S. Patent No. US 12,019,185 B2
The system of claim 10, wherein the multiple of the beat frequencies from which the LIDAR data is calculated are generated from LIDAR input signals that each carries a different one of the channels.
The system of claim 17, wherein the multiple of the beat frequencies from which the LIDAR data is calculated are generated from LIDAR input signals that each carries a different one of the channels.
Claims 12 can be compared to claim 21 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 12 of Pending application
Claim 21 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein the electronics are configured to calculate the distance between the LIDAR system and the object from the beat frequencies of the multiple beating signals.
The system of claim 1, wherein the electronics are configured to calculate the distance between the LIDAR system and the object from the beat frequencies of the multiple beating signals.
Claims 13 can be compared to claim 22 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 13 of Pending application
Claim 22 of U.S. Patent No. US 12,019,185 B2
The system of claim 1, wherein the electronics are configured to calculate the radial velocity between the LIDAR system and the object from the beat frequencies of the multiple beating signals.
The system of claim 1, wherein the electronics are configured to calculate the radial velocity between the LIDAR system and the object from the beat frequencies of the multiple beating signals.
Claim 14 can be compared to claim 7 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
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Claim 16 can be compared to claim 8 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 16 of Pending application
Claim 8 of U.S. Patent No. US 12,019,185 B2
The method of claim 14, wherein each transform is performed so as to identify a value for the beat frequency of a different one of the beating signals and the values of the beat frequencies are variables in an equation that the electronics use to calculate the LIDAR data.
The method of claim 7, wherein each transform is performed so as to identify a value for the beat frequency of a different one of the beating signals and the values of the beat frequencies are variables in an equation that the electronics use to calculate the LIDAR data.
Claim 17 can be compared to claims 8, 9, 10, and 11 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 17 of Pending application
Claim 11 of U.S. Patent No. US 12,019,185 B2
The method of claim 14, wherein the beating signals are each a complex data signal that includes a first data signal as the real component of the complex data signal and a second data signal as an imaginary component of the complex data signal.
The method of claim 10, wherein the beating signals are each a complex data signal that includes a first data signal as the real component of the complex data signal and a second data signal as an imaginary component of the complex data signal.
Claim 18 can be compared to claims 8, 9, 10, 11, and 12 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 18 of Pending application
Claim 12 of U.S. Patent No. US 12,019,185 B2
The method of claim 17, wherein the first data signal is a composite of a first waveform and a second waveform and the second data signal is a composite of the first waveform and the second waveform, the portion of the first waveform in the first data signal being phase-shifted relative to the portion of the first waveform in the first data signal but the portion of the second waveform in the first data signal being in-phase relative to the portion of the second waveform in the first data signal.
The method of claim 11, wherein the first data signal is a composite of a first waveform and a second waveform and the second data signal is a composite of the first waveform and the second waveform, the portion of the first waveform in the first data signal being phase-shifted relative to the portion of the first waveform in the first data signal but the portion of the second waveform in the first data signal being in-phase relative to the portion of the second waveform in the first data signal.
Claim 19 can be compared to claim 15 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 19 of Pending application
Claim 15 of U.S. Patent No. US 12,019,185 B2
The method of claim 14, wherein each of the LIDAR output signals travels away from the LIDAR system in the same direction.
The method of claim 7, wherein each of the LIDAR output signals travels away from the LIDAR system in the same direction.
Claim 20 can be compared to claim 16 of U.S. Patent No. US 12,019,185 B2 as shown in table below:
Claim 20 of Pending application
Claim 16 of U.S. Patent No. US 12,019,185 B2
The method of claim 14, wherein during illumination of the sample region a frequency of different LIDAR output signals is chirped in different directions.
The method of claim 7, wherein during illumination of the sample region a frequency of different LIDAR output signals is chirped in different directions.
As to claims 2 and 15, “Boloorian US 12,019,185 B2, hereinafter Boloorian” teaches LIDAR output signals (Boloorian , Claims 1 and 7). However, Boloorian does not explicitly teach wherein each of the LIDAR output signals including light from an outgoing LIDAR signal, and each of the reference signals including light from the outgoing LIDAR signal. However, "Campbell US 20180284247, hereinafter Campbell" teaches that the lidar system 100 includes a light source 110 which emits an output laser beam of light having a particular operating wavelength; and the thresholds values are within the expected range of the detected amplitudes of the light detection signals produced by the detector 602 (i.e., each of the threshold or reference signals including light from the outgoing LIDAR signal - emphasis added by Examiner), (Campbell, [0027], [0028], [0132], [0134], [0137]).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Campbell into Boloorian for the purpose of directing light pulses toward a remote target located a distance from a LIDAR system and detecting a light pulse scattered by the remote target using a receiver and detect photons in the received scattered light pulse in order to detect a fault condition indicating the distance to the target is less than a threshold distance, and shutting down the light source in response to detecting the fault condition. This combination would improve in accurately detecting the fault condition so that the light source can be shut down when a certain fault condition, such as proximity of
a person or an animal, is detected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“Schaffner US 20180356528” teaches “A continuous wave (CW) heterodyne light detection and ranging (LIDAR) air velocity sensor system that comprises a first light emitting structure arranged to send a signal light in a first direction in space; a second light emitting structure arranged to produce a local oscillator light having a wavelength different from the wavelength of the signal light by a predetermined wavelength; a receiver arranged to receive light from said first direction in space; and a first optical mixer for mixing the received light with said local oscillator light.”
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/LAL CE MANG/Examiner, Art Unit 2857
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