Prosecution Insights
Last updated: April 19, 2026
Application No. 18/711,873

IMAGING SYSTEM AND METHOD WITH ADAPTIVE SCANNING ACTIVE ILLUMINATION

Final Rejection §102§103
Filed
May 20, 2024
Examiner
CHEN, CHIA WEI A
Art Unit
2637
Tech Center
2600 — Communications
Assignee
Aeye Inc.
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
96%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
497 granted / 647 resolved
+14.8% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
25 currently pending
Career history
672
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 647 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant's arguments filed 4 December 2025 have been fully considered but they are not persuasive. Applicant argues with respect to the claims that Akkaya does not teach or suggest a circuit that generates image frames of the scene based on the generated signals, identifies regions of interest in the scene, and dynamically controls the light source and the scanner so that the steered light output exhibits a pattern that targets the identified regions with an increase in light energy. However, Examiner respectfully disagrees. Akkaya teaches wherein the controller 22 may control and turn on some but not all of the light providing elements to produce a narrow beam of light (paragraph 0029). In addition, light source 31 can be configured to generate temporally modulated light to illuminate a scene (paragraph 0031). That is, the light source 31 is dynamically controlled by turning on/off a subset of the light providing elements that comprise the light source. Further, beam steerer 33 is controllable to selectively steer light (paragraph 0017, 0022), therefore also performing the dynamic control as required by the claims. Akkaya teaches wherein both the light source 31 and beam steerer 33 can be dynamically controlled to provide different illumination configurations. Thus, reading the claims in the broadest reasonable sense, Examiner maintains that Akkaya teaches the circuit that generates image frames of the scene based on the generated signals, identifies regions of interest in the scene, and dynamically controls the light source and the scanner so that the steered light output exhibits a pattern that targets the identified regions with an increase in light energy. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim(s) 1-6, 10-12, 15, 25-28, 30, 32, 34, 35, 39, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akkaya (US 2018/0146186 A1). Claim 1, Akkaya teaches an active illumination camera system (paragraph 0002 and Fig. 1), the system comprising: a light source (light source 31; paragraph 0016 and Fig. 1) that generates a light output for sequentially illuminating a scene to be imaged (scene is sequentially illuminated; paragraph 0010); a scanner that scannably steers the light output to targeted regions in the scene (beam steerer 33; paragraph 0017); a photodetector circuit comprising a photodetector array having a plurality of photodetector pixels that sense incident light from the scene (“Imaging system 60 comprises a photosensor 61 having an array of pixels 161;” paragraph 0022), wherein the photodetector circuit generates signals representative of the sensed incident light via integration of photo-generated charge for the photodetector pixels over time (images captured with imaging system 60 inherently have an exposure period during which charges are generated and signals are generated; see paragraph 0010); and a circuit (controller 22 controls components of illumination and imaging systems 30 and 60; paragraph 0013) that generates image frames of the scene based on the generated signals (images of the scenes are generated; paragraph 0026), identifies regions of interest in the scene (“identifying an ROI in the scene;” paragraph 0026), and dynamically controls the light source and the scanner so that the steered light output exhibits a pattern that targets the identified regions with an increase in light energy (ROI is illuminated; paragraph 0029). Claim 2, Akkaya further teaches wherein the circuit controls the scanner to switch between a search mode (search image is first acquired; paragraph 0026) and a targeted interrogation mode (after search image and ROI identification, “controller 22 may control illumination system 30 to illuminate substantially only the ROI;” paragraph 0029) based on defined criteria; wherein the scanner, during the targeted interrogation mode, is controlled to increase a density of the light output to an identified region of interest per image frame relative to the search mode (“for a given power output of the illumination system, to an extent that the portions of the scene that are imaged are smaller, intensity of illumination of a given imaged portion is greater;” paragraph 0010). Claim 3, Akkaya further teaches wherein the defined criteria comprise an identification of a region of interest within the scene (ROI is identified; paragraph 0026). Claim 4, Akkaya further teaches wherein the circuit controls the scanner and the light source during the search mode to steer the light output in a uniform scan pattern through the scene (“the coincident FOV and FOI are simultaneously scanned across the scene together to illuminate and image portions of the scene on the camera photosensor;” paragraph 0009, 0032). Claim 5, Akkaya further teaches wherein the circuit generates a first image frame in response to operation in the search mode during a first time period (intensity image of the scene is generated; paragraph 0026) and generates a second image frame in response to operation in the targeted interrogation mode during a second time period (image of the ROI is acquired; paragraph 0029). Claim 6, Akkaya further teaches wherein the circuit combines the first and second image frames (images of the different potions of the scene may be stitched; paragraph 0032). Claim 10, Akkaya further teaches wherein the circuit processes one or more previous image frames to identify one or more of the regions of interest (after an image is captured, ROIs are identified; paragraph 0026). Claim 11, Akkaya further teaches wherein the circuit monitors the one or more previous image frames to detect motion of an object depicted in the image frames, wherein the identified one or more regions of interest include a region corresponding to the detected motion (controller 22 may identify a moving feature in the image; paragraph 0026). Claim 12, Akkaya further teaches wherein the circuit processes one or more of the previous image frames to detect a shape of interest, wherein the one or more identified regions of interest include a region corresponding to the detected shape of interest (“controller 22 may use a face recognition algorithm to identify a human face;” paragraph 0026). Claim 15, Akkaya further teaches receive optics (lens 63; paragraph 0022) that collect the incident light from the scene and focus the collected incident light on the photodetector array (paragraph 0022 and Fig. 1). Claim 25, Akkaya further teaches wherein the circuit comprises a frame grabber circuit that generates the image frames based on the generated signals (camera may read out the imaged portions in a single frame of the photosensor; paragraph 0009). Claim 26, Akkaya further teaches wherein the circuit comprises a processor that processes the image frames to dynamically control the scanner (controller 22 may process the picture image and control scanning; paragraph 0029, 0032). Claim 27, Akkaya further teaches wherein the circuit comprises a system controller that provides commands and timing signals to the scanner and the light source (paragraph 0022, 0026). Claim 28, Akkaya further teaches wherein the light source comprises a laser emitter (light source 31 comprises at least one light producing element such as a laser; paragraph 0016). Claim 30, Akkaya further teaches a first aperture through which the steered light output is transmitted into the scene (see light source optical system of Fig. 1); and a second aperture through which the photodetector array receives the incident light from the scene (see photodetection optical system of Fig. 1); wherein the first and second apertures are in a bistatic relationship with each other (see bistatic arrangement of Fig. 1). Claim 32, Akkaya further teaches wherein the image frames are 2D images (see 2D image sensor of Fig. 1). Claim 34, Akkaya further teaches wherein the steered light output exhibits a wavelength in a portion of the electromagnetic spectrum that is not visible to a human eye (light source 31 is optionally configured to be infrared light; paragraph 0016). Claim 35, Akkaya further teaches wherein the steered light output comprises infrared light (light source 31 is optionally configured to be infrared light; paragraph 0016). Claim 39 is analyzed and rejected as a method claim for performing the steps of the functions of claim 1. Claim 40 is analyzed and rejected as an article of manufacture comprising machine-readable code that is resident on a non-transitory machine-readable storage medium for control of the active illumination camera system of claim 1. 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. Claim(s) 7-9, 29, 33, 36, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Dussan (US 2016/0047898 A1). Claim 7, Akkaya teaches the system of claim 1 and further teaches wherein the scanner comprises micromirror arrays (paragraph 0018), but does not expressly teach wherein the scanner comprises: a first mirror that is scannable with respect to a first axis; a second mirror that is scannable with respect to a second axis; and a scanner drive circuit that drives the first mirror to scan along the first axis in a resonant mode and drives the second mirror to scan along the second axis in a step mode that varies as a function of a shot list defined by the circuit; wherein the circuit dynamically controls the light source and the scanner so that the steered light output exhibits a shot pattern in accordance with the shot list. Dussan teaches a scanner (beam scanner 304; paragraph 0071) comprising: a first mirror that is scannable with respect to a first axis (X-axis mirror; paragraph 0086); a second mirror that is scannable with respect to a second axis (Y-axis mirror; paragraph 0086); and a scanner drive circuit (beam scanner controller; 308; paragraph 0085) that drives the first mirror to scan along the first axis in a resonant mode and drives the second mirror to scan along the second axis in a step mode that varies as a function of a shot list defined by the circuit (“X-axis mirror 500 is driven in a resonant mode while the slow axis Y-axis mirror 502 is driven in a point-to-point mode where the driving waveform 702 varies as a function of the shot list;” paragraph 0086); wherein the circuit dynamically controls the light source and the scanner so that the steered light output exhibits a shot pattern in accordance with the shot list (beam scanner directs pulse to desired location downrange via reflections from the movable mirrors; paragraph 0064). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Dussan with that of Akkaya in order to increase scanner efficiency and to reduce the frame time (see paragraph 0104 of Dussan). Claim 8, Dussan further teaches wherein the circuit generates the shot list (shot list 950 is generated; paragraph 0055), wherein the shot list comprises a plurality of shot coordinates in the scene for the region of interest to target with the steered light output, each shot coordinate comprising a coordinate along the first axis and a coordinate along the second axis (see x,y coordinates of shot list; paragraph 0147 and Fig. 9C). Claim 9, Dussan further teaches wherein the first and second mirrors comprise MEMS mirrors (beam scanner comprises MEMS mirrors; paragraph 0064). Claim 29, Akkaya teaches the system of claim 28 but is silent regarding wherein the laser emitter comprises a fiber laser. Dussan teaches wherein the laser source can be a fiber laser (paragraph 0061). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Dussan with that of Akkaya in order to increase scanner efficiency and to reduce the frame time (see paragraph 0104 of Dussan). Claim 33, Akkaya teaches the system of claim 1, but is silent regarding wherein the camera system is arranged as a security camera. Dussan teaches wherein a camera system is arranged as a security camera (computer vision technology taught by Dussan may be used in surveillance; paragraph 0003). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Dussan with that of Akkaya in order to improve target recognition capabilities (paragraph 0003 of Dussan). Claim 36, Dussan further teaches wherein the camera system is arranged as a drone tracker (aerial drone monitoring; paragraph 0003). Claim 37, Dussan further teaches wherein the camera system is arranged for mounting and/or integration with a vehicle (autonomous vehicles; paragraph 0003, 0046). Claim(s) 13, 14, 17-20, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Uchida (US 2018/0027163 A1). Claim 13, Akkaya teaches the system of claim 1 but is silent regarding wherein the photodetector array comprises an array of active-pixel sensors. Uchida teaches wherein a photodetector array comprises an array of active-pixel sensors (CMOS sensor; paragraph 0064). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Uchida with that of Akkaya in order to precisely control timing and exposure of a digital sensor (see paragraph 0013 of Uchida). Claim 14, Uchida further teaches wherein the active-pixel sensors comprise CMOS sensors (CMOS sensor; paragraph 0024). Claim 17, Akkaya teaches the system of claim 1 but is silent regarding wherein a time of the integration corresponds to a full scan of the scene. Uchida teaches wherein a time of the integration corresponds to a full scan of the scene (imaging element 32 may use a global shutter system; paragraph 0098). Claim 18, Akkaya teaches the system of claim 1, but is silent regarding wherein a time of the integration corresponds to a scan of a row of the scene. Uchida further teaches wherein a time of the integration corresponds to a scan of a row of the scene (rolling shutter may also be used to accumulate electric charges; paragraph 0093). Claim 19, Akkaya teaches the system of claim 1, but is silent regarding wherein the circuit generates the image frames based on a global shutter acquisition. Uchida teaches wherein a circuit generates the image frames based on a global shutter acquisition (imaging element 32 may use a global shutter system; paragraph 0098). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Uchida with that of Akkaya in order to precisely control timing and exposure of a digital sensor (see paragraph 0013 of Uchida). Claim 20, Uchida further teaches wherein the circuit uses a rolling shutter readout to read the generated signals from the photodetector pixels (“in a manner to similar to the rolling shutter system, the signal is read for every pixel row;” paragraph 0099). Claim 23, Uchida further teaches wherein the rolling shutter readout comprises a row-by-row read of the photodetector pixels in the photodetector array (signal is read for every pixel row; paragraph 0099). Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Okamura (US 2011/0164170 A1). Claim 16, Akkaya teaches the system of claim 15, but is silent regarding wherein the receive optics comprise: a collection lens that collects the incident light from the scene; a spectral filter that filters the collected incident light to reduce noise; and a focusing lens that focuses the filtered collected incident light on the photodetector array. Okamura teaches an imaging system wherein receive optics comprise: a collection lens that collects the incident light from the scene (fixed lens 111; paragraph 0026); a spectral filter that filters the collected incident light to reduce noise (ND filter 114; paragraph 0026); and a focusing lens that focuses the filtered collected incident light on the photodetector array (focus lens 116; paragraph 0026 and Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Okamura in order to perform accurate back focus adjustment for the combination of a lens apparatus and image-pickup apparatus (see paragraph 0011 of Okamura). Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Uchida, and further in view of Choiniere (US 2020/0057161 A1). Claim 21, Akkaya in view of Uchida teaches the system of claim 20 but is silent regarding wherein the circuit synchronizes the rolling shutter readout to a pattern based on changes in the scan pattern in terms of elevation or azimuth. Choiniere teaches an imaging system wherein a circuit synchronizes the rolling shutter readout (array is read out by rows; paragraph 0016, 0019) to a pattern based on changes in the scan pattern in terms of elevation or azimuth (only a subset of rows are read out at corresponding elevations of scan; paragraph 0019). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Choiniere with that of the cited prior art in order to reduce processing load (see paragraph 0019 of Choiniere). Claim 22, Choiniere further teaches wherein the scan pattern exhibits a number of rows that is the same as a number of rows of the photodetector pixels in the photodetector array (only a subset of rows are read out at corresponding elevations of scan; paragraph 0019). Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Lee (US 2018/0115731 A1). Claim 24, Akkaya teaches the system of claim 1 but is silent regarding wherein each of a plurality of the photodetector pixels comprises a first storage capacitor and a second storage capacitor, wherein the sensed incident light produces collected charge in the first storage capacitor during a first acquisition period for the photodetector array, wherein the collected charge from the first acquisition period is transferred to the second storage capacitor at the end of the first acquisition period to free the first storage capacitor for collecting charge during a second acquisition period; and wherein the circuit reads out the collected charge from the first acquisition period from the second storage capacitors during the second acquisition period, wherein read out collected charge from the first acquisition is used to generate an image frame corresponding to the first acquisition period. Lee teaches an imaging system (Fig. 1) wherein each of a plurality of the photodetector pixels (pixel 11; Fig. 3) comprises a first storage capacitor and a second storage capacitor, wherein the sensed incident light produces collected charge in the first storage capacitor during a first acquisition period for the photodetector array (when shutter switch is ON, charges are transferred from photoelectric transducer PT to MOS capacitor Sd; paragraph 0031), wherein the collected charge from the first acquisition period is transferred to the second storage capacitor at the end of the first acquisition period to free the first storage capacitor for collecting charge during a second acquisition period (after accumulation, charges can be transferred from MOS capacitor Sd to floating node FD; paragraph 0031 see capacitor CFD of Fig. 3); and wherein the circuit reads out the collected charge from the first acquisition period from the second storage capacitors during the second acquisition period (pixel output unit OU is connected to floating node FD to read out the voltage at the node; paragraph 0037), wherein read out collected charge from the first acquisition is used to generate an image frame corresponding to the first acquisition period (image processing circuit 4 is coupled to readout circuit 2 to output an image; paragraph 0048). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Lee with that of Akkaya in order to improve the dynamic range of a sensor (see paragraph 0007 of Lee). Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Schmidt (US 2019/0208183 A1). Claim 31, Akkaya teaches the system of claim 1 but is silent regarding wherein the light output comprises a plurality of laser pulse shots, wherein the circuit dynamically controls (1) an amount of optical energy emitted per solid angle in a field of view by determining (i) energy amounts for the laser pulse shots and (ii) timing for the laser pulse shots and (2) the scanner so that the laser pulse shots are deposited in the field of view based on predefined heuristics. Schmidt teaches an imaging system (imaging system 104; Fig. 2) wherein the light output comprises a plurality of laser pulse shots (burst of laser pulses; paragraph 0069), wherein the circuit dynamically controls (1) an amount of optical energy emitted per solid angle in a field of view by determining (i) energy amounts for the laser pulse shots (system modulates the intensity of the light pulse; paragraph 0069) and (ii) timing for the laser pulse shots (intensity may be modulated as a function of time; paragraph 0069) and (2) the scanner so that the laser pulse shots are deposited in the field of view based on predefined heuristics (illumination of pulses are provided with predefined duty cycles; paragraph 0062). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Schmidt with that of Akkaya in order to reduce costs by relaxing pulsed peak power and energy requirements (see paragraph 0004 of Schmidt). Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akkaya in view of Song (US 2023/0093680 A1). Claim 38, Akkaya teaches the system of claim 1 but is silent regarding wherein the camera system is arranged as a trigger for a lidar system, the lidar system comprising a second photodetector array from which a three-dimensional point cloud of the scene is generated. Song teaches wherein a camera system is arranged as a trigger for a lidar system (lidar 2 and image sensor 3, processor sends a trigger signal to acquire images from both sensors; paragraph 0057), the lidar system comprising a second photodetector array from which a three-dimensional point cloud of the scene is generated (point cloud is acquired from lidar 2; paragraph 0057). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Song with that of Akkaya in order to fuse image and point cloud data to create more accurate and useful fused data (see paragraph 0004 of Song). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached. THIS ACTION IS MADE FINAL. 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 CHIAWEI A CHEN whose telephone number is (571)270-1707. The examiner can normally be reached Mon-Fri 12:00pm - 9:00pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571)272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHIAWEI CHEN/Primary Examiner, Art Unit 2637
Read full office action

Prosecution Timeline

May 20, 2024
Application Filed
Aug 30, 2025
Non-Final Rejection — §102, §103
Dec 04, 2025
Response Filed
Mar 10, 2026
Final Rejection — §102, §103 (current)

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Expected OA Rounds
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Grant Probability
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2y 6m
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