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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 18 and 19 are rejected under 35 U.S.C. 101 because products that do not have a physical or tangible form, such as information (often referred to as "data per se") or a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations and transitory forms of signal transmission (often referred to as "signals per se"), such as a propagating electrical or electromagnetic signal or carrier wave. The claim is a computer program in claim 18 and a computer readable storage medium in claim 19, which could be a signal of light or merely software of 1s and 0s. The claims should state a non-transitory computer readable storage medium including a computer program loaded onto and executed by a computer/processor/or the like, to implement the steps of the method according to claim 1. Currently claim 18 is just a computer program, literally just software, and claim 19 is a computer readable storage media and these information structures are not executed by any structural component. Also, the computer readable storage media could be transitory in nature, therefore does not meet the requirements for 35 USC 101.
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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Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12022210 in view of Summers et al. (US 11733385).
In regards to claim 1, 12022210 teaches a computer implemented method for detecting a pulse repetition frequency of pulsed radiation using a sensor array of sensor elements arranged in element lines, the method comprising (claim 1 and 14) the steps of: a) addressing the sensor array of sensor elements using a rolling shutter operation, wherein the rolling shutter operation comprises addressing each element line consecutively for a predetermined integration period; b) reading the sensor array to obtain a radiation image, the radiation image comprising a plurality of pixel values, with each pixel value corresponding to a sensor element in the sensor array; and then c) applying a pulse detection operation to the radiation image to detect a pulse repetition frequency of the pulsed radiation (claim 1, lines 1-14); wherein the step of applying the pulse detection operation comprises the steps of d) extracting a beat signal from the pixel values of the radiation image in a sensor array direction corresponding to the direction of the rolling shutter operation (claim 1, lines 15-19); e) calculating a beat frequency of the beat signal (claim 1, line 20); f) calculating a peak to trough ratio of the beat signal (claim 1, line 21); and then h) calculating a pulse repetition frequency of the pulsed radiation using a pulse repetition frequency function, the pulse repetition frequency being a function of the beat frequency and peak to trough ratio (claim 1, lines 23-26, claim 14), but does not specifically teach calculating a value for a pulse shape parameter of the beat signal and calculating the pulse repetition frequency using the pulse shape parameter. Summers teaches calculating a value for a pulse shape parameter of the beat signal and calculating the pulse repetition frequency using the pulse shape parameter (col. 8, lines 32-67, col. 9, lines 1-67 and col. 10, lines 1-51, relating pulse shape to repetition frequency). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to further include pulse shape with the calculation of 12022210 similar to Summers in order to determine a pulse repetition frequency to increase the measurement range of the system providing for a more versatile design.
In regards to claim 2, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the step of calculating a peak to trough ratio of the beat signal comprises calculating the peak to trough ratio for a cycle of the beat signal (claim 10).
In regards to claim 3, 12022210 as modified by Summers teaches the computer implemented method of claim 2, wherein the step of calculating peak to trough ratio of the beat signal comprises calculating an average peak to trough ratio for plurality of cycles of the beat signal (claim 10).
In regards to claim 4, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the step of calculating a value for a pulse shape parameter comprises calculating an average of the pixel values of the beat signal (Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 5, 12022210 as modified by Summers teaches the computer implemented method of claim 4, wherein the step of calculating average of the pixel values comprises calculating a mean average (Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 6, 12022210 as modified by Summers teaches the computer implemented method of claim 5, wherein the step of calculating the mean average comprises calculating the mean average of the pixel values for a cycle of the beat signal (Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 7, 12022210 as modified by Summers teaches the computer implemented method of claim 6, wherein the step of calculating the mean average comprises calculating the mean average of the pixel values for a plurality of cycles of the beat signal (Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 8, 12022210 as modified by Summers teaches the computer implemented method of claim 5 wherein the step of calculating the mean average further comprises normalising the mean (Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 9, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the pulse repetition frequency function comprises a data array of known pulse repetition frequencies with corresponding beat frequencies, peak to trough ratios, and values of the pulse shape parameter, and the step of calculating a pulse repetition frequency comprises performing a lookup operation of the beat frequency, peak to trough ratio, and pulse shape parameter of the beat signal with the data array (12022210, claim 2, Summers, col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50).
In regards to claim 10, 12022210 as modified by Summers teaches the computer implemented method of claim 1, characterised in that the pulsed radiation is laser radiation (12022210, claim 3).
In regards to claim 11, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the sensor array is a colour camera (claim 4).
In regards to claim 12, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the sensor array is a monochrome camera operable to receive the pulsed radiation (12022210, claim 5).
In regards to claim 13, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the predetermined integration period is substantially equal to a row read out time of the rolling shutter operation (12022210, claim 6).
In regards to claim 14, 12022210 as modified by Summers teaches the computer implemented method of claim 13, wherein the pulse repetition frequency fPRF of the pulsed radiation satisfies: fPRF > ½*Treadout wherein Treadout is the row read out time of the rolling shutter operation (12022210, claim 7).
In regards to claim 15, 12022210 as modified by Summers teaches the computer implemented method of claim 14, wherein the pulse repetition frequency fPRF of the pulsed radiation satisfies: fPRF ≤ 100kHz (12022210, claim 8).
In regards to claim 16, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the step of calculating a beat frequency comprises applying a Fourier transform to the beat signal (12022210, claim 9).
In regards to claim 17, 12022210 as modified by Summers teaches the computer implemented method of claim 1, wherein the method further comprises the step of triggering a protecting means (12022210, claim 11).
In regards to claim 18, 12022210 as modified by Summers teaches a computer program comprising computer code which when executed, performs the steps of claim 1 (12022210, claim 1 and 14).
In regards to claim 19, 12022210 as modified by Summers teaches computer readable storage media comprising the computer program of claim 19 (12022210, claims 1 and 14).
In regards to claim 20, 12022210 as modified by Summers teaches a pulsed radiation detector, comprising a sensor array of sensor elements arranged in element lines, and a computer configured to perform the steps of claim 1 (12022210, claim 12).
In regards to claim 21, 12022210 as modified by Summers teaches the pulsed radiation detector of claim 20, further comprising optical means for de-focusing pulsed radiation onto at least a portion of the sensor array (12022210, claim 13).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Summers et al. (US 11733385) teaches a computer implemented method for detecting a pulse repetition frequency of pulsed radiation using a sensor array of sensor elements arranged in element lines (fig. 1-10), the method comprising the steps of: capturing light at the sensor array of sensor elements by way of a shutter operation, wherein the shutter operation comprises allowing the light to pass therethrough for a predetermined integration period; reading the sensor array to obtain a radiation image, the radiation image comprising a plurality of pixel values, with each pixel value corresponding to a sensor element in the sensor array; and then applying a pulse detection operation to the radiation image to detect a pulse repetition frequency of the pulsed radiation (col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50); wherein the step of applying the pulse detection operation comprises the steps of: extracting a signal from the pixel values of the radiation image in a sensor array direction corresponding to the shutter operation; calculating a frequency of the signal; calculating a value for a pulse shape parameter of the signal; and then calculating a pulse repetition frequency of the pulsed radiation using a pulse repetition frequency function, the pulse repetition frequency being a function of the frequency and pulse shape parameter (col. 8, lines 32-67, col. 9, lines 1-67, col. 10, lines 1-51 and col. 13, lines 9-50), but does not specifically teach the rolling shutter operation, extracting a beat frequency, calculating a beat frequency; calculating a peak to trough ratio of the beat signal; calculating the value of the parameter of the beat signal, using the beat frequency, ratio, parameter of the beat signal to calculate a pulse repetition frequency as claimed.
Minoshima (US 20190086197) teaches a computer implemented method for detecting a pulse repetition frequency of pulsed radiation using a sensor (fig. 1-6), the method comprising the steps of: capturing light at the sensor by way of a shutter operation, wherein the shutter operation comprises allowing the light to pass therethrough for a predetermined integration period; reading the sensor to obtain a radiation image; and then applying a pulse detection operation to the radiation image to detect a pulse repetition frequency of the pulsed radiation (paragraph 46 and 51-66); wherein the step of applying the pulse detection operation comprises the steps of: extracting a beat signal (interference signal) from the pixel values of the radiation image in a sensor array direction corresponding to the shutter operation (paragraph 46 and 51-66); calculating a beat frequency of the beat signal (paragraph 46 and 51-66); calculating a value for a pulse shape parameter of the signal (paragraph 46-49, shape in fig. 2); and then calculating a pulse repetition frequency of the pulsed radiation using a pulse repetition frequency function, the pulse repetition frequency being a function of the frequency and pulse shape parameter (paragraph 46-49 and 51-66, fig. 1-6), but does not specifically teach the sensor is a sensor array with pixels, the rolling shutter operation, calculating a peak to trough ratio of the beat signal; calculating the value of the parameter of the beat signal, using the beat frequency, ratio, parameter of the beat signal to calculate a pulse repetition frequency as claimed.
Chan et al. (US 20060082781) teaches a computer implemented method for detecting a pulse repetition frequency of pulsed radiation using a sensor array of sensor elements arranged in element lines (fig. 4-6), the method comprising the steps of: capturing light at the sensor array by way of a shutter operation, wherein the shutter operation comprises allowing the light to pass therethrough for a predetermined integration period; reading the sensor array to obtain a radiation image comprising a plurality of pixel values, each pixel value corresponding to a sensor element in the sensor array; and then applying a pulse detection operation to the radiation image to detect a pulse repetition frequency of the pulsed radiation (paragraph 166-173); wherein the step of applying the pulse detection operation comprises the steps of: extracting a beat signal from the pixel values of the radiation image in a sensor array direction corresponding to the shutter operation (paragraph 166-173); calculating a beat frequency of the beat signal (paragraph 166); calculating a peak to trough ratio of the beat signal (duty ratio, paragraph 107, 123 and 127); calculating a value for a pulse shape parameter of the beat signal (paragraph 107, 123, 127, 164 and 166-173); and then calculating a pulse repetition frequency of the pulsed radiation using a pulse repetition frequency function, the pulse repetition frequency being a function of the frequency, peak to trough ratio (duty ratio) and pulse shape parameter (paragraph 107, 123, 127, 164 and 166-173, fig. 4-6), but does not specifically teach addressing the sensor array with the rolling shutter operation as claimed.
Hallstig et al. (US 20190086518) teaches a sensor array with a rolling shutter operation (paragraph 221) and determining a repetition frequency for a pulse transmission (paragraph 184), but does not specifically teach the details of claim 1.
Tipper et al. (WO 2019229405) teaches a method of detecting pulsed radiation comprising the steps of irradiating at least a portion of an array of sensor elements with pulsed radiation (71); addressing the array using a rolling shutter operation (72); reading the array to obtain a radiation image (73); and then applying a pulse detection operation (74) to the radiation image. The rolling shutter operation (72) is configured to address each element line of the array for a predetermined integration period. The predetermined integration period being calculated using an integration period function, itself a function of an anticipated pulse repetition interval of the pulsed radiation. The method and apparatus for the same enable low cost camera arrays to be used for pulse detection and for wider application in the field of low cost communications (abstract), but does not specifically teach the pulse repetition frequency determination of claim 1.
Conclusion
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/JENNIFER D BENNETT/Examiner, Art Unit 2878