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 .
Information Disclosure Statement
2. The Information Disclosure Statements filed on 03/07/2024 and 06/30/2025 have been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
For claim 1,
a. a light-receiving element array receiving the optical signal…on lines 10,11.
For claim 4,
a. the diffractive optical element is arranged to diffract the optical signal…on lines 9,10.
For claim 10,
a. a transmission device configured to transmit a spatial signal…on line 3.
b. a control device configured to execute the instructions… on lines 4,5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
a. the light-receiving element 150 can be implemented by an element such as a photodiode or a phototransistor. For example, the light-receiving element 150 is implemented by an avalanche photodiode, see paragraph 49 and figure 1.
b. diffractive optical element including a transparent portion 1321 that is transparent in the wavelength band of the spatial optical signal to be received and a diffracting portion 1322 that diffracts the optical signal toward the light-receiving unit of the light-receiving element PD, see paragraph 61 and figures 10 and 11.
c. The transmission device 470 includes a light source 471, a spatial light modulator 473, a curved mirror 475, and a control unit 477. The light source 471, the spatial light modulator 473, and the curved mirror 475 constitute a transmission unit, see paragraph 121 and figure 21.
d. the control unit 477 is implemented by a microcomputer including a processor and a memory, see paragraph 130 and figure 21.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1,2,3,5,6,9 and 10 are rejected under 35 USC 103 as being unpatentable over Keller et al; (US 2023/0068495) in view of Kazuhisa et al; (JP 2021/124725A).
Regarding claim 1, Keller discloses a reception device; (receiver device 100 with pixelated detector 120, see figure 1) comprising: a second optical collector configured to collect the optical signal collected by the first optical collector by compressing the optical signal in a second direction orthogonal to the first direction (anamorphic lens 102 positioned to receive broad spectrum light 104 within a field-of-view (FOV) 106 defined by first and second angles 108 and 110, respectively, that are orthogonal to each other and compress the light along the first angle into a single line 112 along the second angle, see paragraph 24 and figure 1) a third optical collector configured to collect the optical signal collected by the second optical collector in a direction including at least the first direction;(the system's aperture stop 118 and the first dispersive element 114 are suitably positioned at or near the focal point of the anamorphic lens 102 to simplify the processing, see paragraph 25 and figure 1) and a light-receiving element array including a plurality of light-receiving elements arranged along the first direction, the light-receiving element array receiving the optical signal collected by the third optical collector by at least one of the plurality of light- receiving elements (A pixelated detector 120 is positioned to receive the two-dimensional light field 116 and readout electrical signals 122 indexed by the second angle and wavelength. A processor 124 is coupled to the pixelated detector to process the electrical signals to detect and characterize an optical source 126 within the FOV and to locate 128 the optical source in scene spatial Az, see paragraph 26 and figure 1).
However, Keller does not explicitly disclose a first optical collector configured to collect an optical signal propagating in a space.
In a related field of endeavor, Kazuhisa discloses a first optical collector configured to collect an optical signal propagating in a space ;( the light receiving unit 31 is arranged so that the condenser lens system 41 receiving the light, see page 17, paragraph 8 and figure 20).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the condenser lens of Kazuhisa with Keller to provide receive the free space optical signal and the motivation is to collect and focus the free space optical signal from the target.
Regarding claim 2, Keller discloses the reception device according to claim 1, wherein the second optical collector is a cylindrical lens, (anamorphic lens 102 positioned to receive broad spectrum light 104, see paragraph 27 and figures 1 and 2a) a cylinder axis of the cylindrical lens is parallel to the first direction, (anamorphic lens 102 compress light along the El angle to form a single line of light along the Az angle, see paragraph 27 and figure 2a) a curved surface of the cylindrical lens is directed to an emission surface of the first optical collector, and a plane facing the curved surface of the cylindrical lens is directed to an incident surface of the third optical collector ;( Powell lens (cylindrical lens) is that the distribution of light 204 along the Az angle is more uniform than the distribution of light 206 along the Az angle for the cylindrical lens, see paragraph 27 and figures 2a and 2b).
Regarding claim 3, Keller does not explicitly disclose the reception device according to claim 1, wherein the third optical collector is a diffuser plate that diffuses the optical signal in a direction including at least the first direction and is arranged in association with a light- receiving surface of the light-receiving element array.
In a related field of endeavor, Kazuhisa discloses the reception device according to claim 1, wherein the third optical collector is a diffuser plate that diffuses the optical signal in a direction including at least the first direction and is arranged in association with a light- receiving surface of the light-receiving element array ;(the diffusion filter 667 is arranged so as to face the detection surface 634 by the detection element 33. The diffusion filter 667 diffuses the reflected light RL that has passed through the bandpass filter 666, see page 18, paragraph 6 and figure 21).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the diffuser plate of Kazuhisa with Keller to diffuse the reflected light RL according to the size of one pixel and the motivation is increase reception efficiency.
Regarding claim 5, Keller does not explicitly disclose the reception device according to claim 1, wherein the third optical collector includes: a diffusion layer that covers each of the light-receiving units of the plurality of light-receiving elements; and a partition wall that separates the diffusion layer associated with the plurality of light-receiving elements.
In a related field of endeavor, Kazuhisa discloses the reception device according to claim 1, wherein the third optical collector includes: a diffusion layer that covers each of the light-receiving units of the plurality of light-receiving elements ;(the diffusion filter 667 is arranged so as to face the detection surface 634 by the detection element 33. The diffusion filter 667 diffuses the reflected light RL that has passed through the bandpass filter 666 and the diffusion angle of each diffusion element 667a may be set so as to diffuse the reflected light RL collimated by the microlens 665a according to the size of one pixel (the size of one SPAD), see page 18, paragraph 6 and page 19 and paragraph 1 and figure 21) and a partition wall that separates the diffusion layer associated with the plurality of light-receiving elements ;( only the reflected light RL that has passed through the opening 664a individually corresponding to the pixel 635 is incident on a certain pixel 635, and passes through the opening 664a individually corresponding to another pixel 635 such as the adjacent pixel 635, page 19 and paragraph 1 and figure 21). (Motivation same as claim 3).
Regarding claim 6, Keller does not explicitly disclose the reception device according to claim 1, wherein the third optical collector and the light-receiving element array are housed inside a housing in which a position facing an incident surface of the third optical collector is opened.
In a related field of endeavor, Kazuhisa discloses the reception device according to claim 1, wherein the third optical collector and the light-receiving element array are housed inside a housing in which a position facing an incident surface of the third optical collector is opened ;(housing 351 has an optical window 354 that reciprocates the reflected light RL (which may be referred to as a reflected beam) to and from the measurement region, see page 11, paragraph 3 and figure 10).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the housing of Kazuhisa with Keller to shield the light receiving unit and the motivation is to provide increased safety of the receiver unit.
Regarding claim 9, Keller discloses the reception device according to claim 1, further comprising a receiving circuit configured to decode a signal output from the light-receiving element array;(a processor 124 is coupled to the pixelated detector to process the electrical signals to detect and characterize an optical source 126 within the FOV and to locate 128 the optical source in scene spatial Az, see paragraph 26 and figure 1).
Regarding claim 10, Keller does not explicitly disclose a communication device comprising: the reception device according to claim 1; a transmission device configured to transmit a spatial optical signal; and a control device that comprises a memory storing instructions, and a processor connected to the memory and configured to execute the instructions to receive a signal based on a spatial optical signal from another communication device received by the reception device, execute processing according to the received signal, and cause the transmission device to transmit the spatial optical signal according to the executed processing.
In a related field of endeavor, Kazuhisa discloses a communication device;(optical communication device; see figure 1) comprising: the reception device ;( light detection device 10, see figure 1) according to claim 1; a transmission device configured to transmit a spatial optical signal;(the light emitting element unit 12 includes, a laser light emitting element 13 and a light emitting control unit 14, see figure 1) and a control device (control unit 14, see figure 1) that comprises a memory storing instructions, and a processor connected to the memory and configured to execute the instructions to receive a signal based on a spatial optical signal from another communication device received by the reception device, execute processing according to the received signal, and cause the transmission device to transmit the spatial optical signal according to the executed processing, (the laser light emitting element 13 can oscillate a laser beam LL as coherent light by a laser process using a Fabry-Perot resonator structure. The laser light emitting element 13 emits a pulsed laser light LL at a timing corresponding to an electric signal from a light emitting control unit 14 which is an electronic circuit for controlling the laser light emitting element 13, see page 2, paragraph 4 and figure 1)
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine optical transmission device of Kazuhisa with Keller to provide the transmission of the free space optical signal and the motivation of transmission of data signal.
Allowable Subject Matter
5. Claims 4,7 and 8 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Andrekson et al; (US 10536218) discloses a free-space optical communication link is proposed that utilizes phase-sensitive amplification of the received optical signal at the input to the receiver portion of the link, see figure 1.
b. Kyosuna et al; (US 2020/0326478) discloses a light receiving device is provided with: a lens; a directional light guide board including at least a light collection area, a light guide area and an exit end from which the light guided through the light guide area goes out; and a light receiver that is arranged with the light receiving part thereof facing the exit end and that receives the light going out from the exit end and converts the received light to an electric signal, see figure 6.
c. Matsumoto et al; (JP 2009055118A) discloses a lens optical system 120 is located above a light-receiving element array 130 for integrating photodiodes or phototransistors in an array, an image representing the situation of an object is formed on the light-receiving element array 130 and a light-receiving element at an arbitrary location in the array 130 is selected, see figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Vanderpuye can be reached at 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634