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 § 102
2. 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)(l) 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.
3. Claims 1, 3, 4, and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milanovic (US 2012/0168605 A1).
Regarding claim 1, Milanovic discloses (Figs. 8-13) a method for tracking an object in a volume of space ([0077], “0bject being searched in the 3D volume”, the method comprising:
transmitting, by a communication apparatus (see Fig. 13, the optical tracking apparatus including the sources 1300A, 1300B, MEMS mirrors 1301A, 1301B and photo detectors 1302A, 1302B can be coupled to a controller 1320) during a first time period ([0071], “one beam is on at a time”, and see Fig.13, during a first time period, the light source 1300A is on, having the tracking beam 1305A, retro reflectors 1303A, returning beam 1306A, to photo-detector 1302A), a first light signal (tracking beam 1305A) toward the object located in the volume of space (see Fig. 13, The tracking beam 1305A is aimed to retro reflectors 1303A, where the object is, and [0077], “0bject being searched in the 3D volume”), wherein the first light signal (1305A) is transmitted along a locational path of movement within the volume of space (a path along which the transmitted beam moves through the volume, see Fig.2B)
during the first time period, wherein the locational path of movement corresponds to a path the first light signal travels within the volume of space during the first time period ([0071], “only one source is on at a time”, and [0080], “After each acquisition of position from one of the targets the system can scan both mirrors to the previously known location of the other target”, showing during the first time interval/a light source is on, a first signal is sent through the volume along a path with known location, and Fig. 8B, as the target object location chances, the beam’s pointing path is adjusted to the first light signal),
receiving (receiver 1302A), by the communication apparatus (see Fig. 13, the optical tracking apparatus including the sources 1300A, 1300B, MEMS mirrors 1301A, 1301B and photo detectors 1302A, 1302B can be coupled to a controller 1320), a first reflected signal (“returning beam 1306A, see Fig.13) during the first time period ([0071], “one beam is on at a time”, and see Fig.13, during the first time period, the source 1300A is on, having the tracking beam 1305A, retro reflectors 1303A, returning beam 1306A, to photo-detector 1302A), wherein the first reflected signal (1306A) is a reflection of the first light signal (tracking beam 1305A) that originates from a reflective device (1303A/1303B) of the object (1304);
transmitting, by the communication apparatus during a second time period (the time interval during the second source is active, see [0071], “one beam is on at a time”), a second light signal (tracking beam 1305B, Fig.13) toward the object located in the volume of space ([0077], “0bject being searched in the 3D volume”), wherein the second light signal is transmitted along the locational path of movement within the volume of space during the second time period ([0061], “The laser beam covers a larger volume in raster-scanning and such that it will not leave any segments within that volume where the object can remain undetected”, and since “one beam is on at a time”, [0071], and “The tracking beam is aimed at and continues to follow the retro reflector”, showing that while the second light source is active, it scans the object, and the tracking beam is aimed and follows the same path as the first scan), wherein the locational path of movement corresponds to a path the second light signal (1305B) (“The tracking beam is aimed at and continues to follow the retro reflector” , as the target moves, a path is created based in the target changing location, the mirror moves accordingly, which then affect the path/direction of the second light signal) travels within the volume of space during the second time period (while the second light source is active) , wherein the second time period proceeds the first time period (the first time period is when the beam A/source 1300A is on, the second time period when the beam B/light source 1300B is on, so the second time period follows the first time period, see [0071], “one beam is on at a time”), and wherein the first time period and the second time period are separated from each other by a non-zero time interval ([0071], “the controller may turn the sources on and off in an alternating fashion so that only one source is on at a time”, [0080], “When a measurement is completed on one target, the controller switches from tracking returning beams from one corner cube retro reflector 1303A to tracking returning beams”, showing that the two transmission periods occurs at different times because “only one source is on at a time”, each light path of each transmission period is associated with a respective time interval. The beam is moved through a 3D scanning volume as shown in Figs. 3-13. The controller then switches from scanning mode to tracking mode, following movement from one retro-reflector to another. Thus, there are separate operations performed at different time, rather than simultaneously),
receiving, by the communication apparatus, a second reflected signal (1306B, Fig.13) during the second time period (when the beam B/light source 1300B is on, see [0071]) , wherein the second reflected signal (1306B) is a reflection of the second light signal (1305B) that originates from the reflective device of the object (see Fig.13); and
determining, using the communication apparatus, a location and a path of the object in the volume of space based on first information obtained from the first reflected signal and second information obtained from the second reflected signal ([0080], “each target's X, Y, and Z position with respect to the tracking systems can be obtained since each tracking system records angle information when pointed to each individual target…thereby providing information to the driver of the mirrors to aim to a corrected location. At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”, showing the combining measurements from two scans to calculate the target’s position).
Regarding claim 3, Milanovic as discussed in claim 1, discloses the locational path of movement forming an arc ([0069], “a spiraling scan of an optical beam”).
Regarding claim 4, Milanovic as discussed in claim 1, discloses the first light signal (1305A, Fig.13) being transmitted continuously along the locational path of movement during the first time period ([0080], “The tracking beam 1305A from light sources 1300A, is aimed at and continues to follow the retro reflector 1303A”, and [0070], “the scanning system may use a dithering algorithm or a mutation algorithm to maintain a small search area around the photo-detector such that it can continue to point toward the detector as the detector moves in 3D volume”, showing that the first light signal is transmitted according to a defined scanning operation since the beam “continue to point toward the detector”, rather than allowing the beam to move away).
Regarding claim 9, Milanovic discloses a communication apparatus for tracking an object in a volume of space (Figs. 10-13, and [0077], “0bject being searched in the 3D volume”), the communication apparatus comprising:
a transmitter (1300A, 1300B, Fig. 13) that is configured to send a plurality of light signals (1305A, 1305B) into the volume of space (see Fig. 13);
a receiver (1302A, 1302B, Fig. 13) that is configured to receive a plurality of reflected signals (1306A, 1306B, 1307A, 1307B) wherein each of the plurality of reflected signals (1306A, 1306B, 1307A, 1307B) are reflections of one of the plurality of light signals that originate from a reflective device (1303A, 1303B) of the object (1304); and
a controller (1320, Fig.13) communicably coupled to the transmitter (1300A,1300B) and the receiver (1302A, 1302B), wherein the controller (1320) is configured to: control the transmitter (1300A/1300B) to send each of the plurality of light signals (1305A, 1305B) along target locational paths of movement within the volume of space (see Fig. 13, paths of tracking beams 1305A, 1305B as the MEMs mirrors 1301A, 1301B direct the paths toward/follow the locations of retro reflectors 1303A, 1303B), and see Fig.3, showing multiple light signals along paths within 3D volume) for one of a plurality of time periods in a cycle ([0080], “When a measurement is completed on one target, the controller 1320 can switch the MEMS mirrors 1301A, 1301B from tracking returning beams…Each of the two tracking units can perform its tracking and time-multiplexing between multiple targets independently of the other tracking unit”, showing switching from tracking one MEMS mirror to the other after completing a measurement such as time period 1 tracks the target A, time period 2 tracks target B), wherein the target locational paths of movement (the paths of tracking beams 1305A, 1305B as the MEMs mirrors 1301A, 1301B direct the paths toward/follow the locations of retro reflectors 1303A, 1303B) correspond to paths of the plurality of light signals (1305A, 1305B) within the volume of space (“the 3D volume”), during respective ones of the plurality of time periods (see Fig. 8, controller associates the received signal with the mirror scanning mirror 801A/801B, corresponding to the source that is on during a given time and each light path associated with a respective time interval/period; also see [0071], “To facilitate such multiplexing…the controller may turn the sources on and off in an alternating fashion so that only one source is on at a time”),
wherein adjacent time periods (see Fig.8B, there are two transmission periods, such as period 1 is when light signal A sent toward to the object, and period 2 is when the light signal B sent toward the object) when the plurality of light signals are sent toward the object are separated from each other by a non-zero time interval ([0071], “the controller may turn the sources on and off in an alternating fashion so that only one source is on at a time”, showing that the two transmission periods occurs at different times because “only one source is on at a time”, each light path of each transmission period is associated with a respective time interval. The beam is moved through a 3D scanning volume as shown in Figs. 3-13. The controller then switches from scanning mode to tracking mode, following movement from one retro-reflector to another. Thus, there are separate operations performed at different time, rather than simultaneously; and
determine, using information obtained from each of the plurality of reflected signals, a location and a path of the object in the volume of space during the cycle ([0080], “each target's X, Y, and Z position with respect to the tracking systems can be obtained since each tracking system records angle information when pointed to each individual target…thereby providing information to the driver of the mirrors to aim to a corrected location. At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”).
Regarding claim 10, Milanovic as discussed in claim 9, discloses the controller being further configured to: continue controlling the transmitter to send each of the plurality of light signals to target additional locational paths of movement within the volume of space for a time period in a subsequent cycle ([0080], “After each acquisition of position from one of the targets the system can scan both mirrors to the previously known location of the other target. If the signal is not immediately found, a search algorithm can be initiated from that last known position”, and “When a measurement is completed on one target, the controller 1320 can switch… from one corner cube retro reflector 1303A to tracking returning beams 1307A, 1307B from the second reflector 1303B) and continue determining, using information obtained from each of the plurality of reflected signals, the location and the path of the object in the volume of space in the subsequent cycle ([0080], “At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”, “ update scan angle to achieve equal signal in all photosensors”).
Regarding claim 11, Milanovic as discussed in claim 9, disclose continuing controlling each of the plurality of light signals comprises adjusting a characteristic of at least one of the plurality of light signals in the subsequent cycle ([0080], “The tracking beam 1305A, 1305B from light sources 1300A, 1300B is aimed at and continues to follow two corner cube retro reflectors 1303A, 1303B” , and “At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”, indicating this is cycle to cycle continuing control), and wherein the characteristic comprises at least one of a group consisting of an intensity of the light signal, a duration of the time period, a path of the objects by which the locational paths of movement are targeted, and a diameter of the light signal ([0080], “At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”).
Regarding claim 12, Milanovic as discussed in claim 9, disclose (Fig. 13) an optical device (1301A/1301B) communicably coupled to the controller (1320), wherein the optical device (1301A/1301B) is configured to manipulate the plurality of light signals sent by the transmitter (1300A/1300B) into the volume of space (see Fig.13).
Regarding claim 13, Milanovic as discussed in claim 9, disclose a sensor device (1302A/1302B, Fig.13) communicably coupled to the controller (1320), wherein the sensor device (1302A/1302B, Fig.13) is configured to measure a parameter ([0080], “each target's X, Y, and Z position”) associated with the plurality of reflected signals (1306A, 1306B, 1307A, 1307B), and wherein the information is derived from the parameter measured by the sensor device ([0080], “At each such correction step a new measurement of each target's position and a new measurement of the rod's orientation can be obtained”).
Regarding claim 14, Milanovic as discussed in claim 9, disclose the locational paths of movement (see Fig. 13, the paths 1305A, 1305B along the 1301A, 1301B direct the light source on the target) coincide with a predicted location of the plurality of objects ([0080], “After each acquisition of position from one of the targets the system can scan both mirrors to the previously known location of the other target…If the signal is not immediately found, a search algorithm can be initiated from that last known position”).
Claim Rejections - 35 USC § 103
4. 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Milanovic in view of Brede (US 2021/0003660 A1).
Regarding claim 2, Milanovic, as discussed in claim 1, does not disclose the first information comprising a strength of the first reflected signal as claimed. Brede discloses a first information comprising a strength of the first reflected signal ([0110], “received signals each have an intensity, or strength”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Milanovic by utilizing the teaching of Brede to provide more/better information about the reflection of the target.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Milanovic in view of Cortelyou et al., (US 2015/0338548 A1).
Regarding claim 15, Milanovic, as discussed in claim 9, does not disclose a housing configured to house the transmitter and the receiver as claimed. Cortelyou et al., disclose a housing configured to house transmitter (16) and the receiver (16) (see Fig. 7). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Milanovic by utilizing the teaching of Cortelyou et al., to provide better protection from environments.
Allowable Subject Matter
5. Claims 5-8 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.
Regarding claim 5, the prior art fails to disclose receiving, by the communication apparatus, a third reflected signal during the third time period, wherein the third reflected signal is a reflection of the third light signal that originates from a second reflective device of the second object; and determining, using the communication apparatus, a second location and a second path of the second object in the volume of space based on third information obtained from the second reflected signal.
Regarding claim 6, the prior art fails to disclose transmitting, by the communication apparatus during a third time period, a third light signal toward the first object located in the volume of space, wherein the third light signal is transmitted in the first locational path of movement within the volume of space during the third time period, and wherein the third time period proceeds the second time period, and wherein the second time period and the third time period are separated from each other by second a non-zero time interval; failing to receive, by the communication apparatus, a third reflected signal that originates from the first reflective device of the first object during the third time period; and further determining, using the communication apparatus, the location and the path of the first object in the volume of space based on failing to receive the third reflected signal.
Regarding claim 7, the prior art fails to disclose transmitting, by the communication apparatus during a third time period, a third light signal toward the object located in the volume of space, wherein the third light signal is transmitted in the first locational path of movement within the volume of space during the third time period, and wherein the third time period proceeds the second time period, and wherein the second time period and the third time period are separated from each other by second a non-zero time interval;receiving, by the communication apparatus, a third reflected signal during the third time period, wherein the third reflected signal is a reflection of the third light signal that originates from the reflective device of the object; andconfirming, using the communication apparatus, that the object remains fixedly located in the volume of space based on third information obtained from the third reflected signal.
Regarding claim 8, the prior art fails to disclose comparing predicted movement of the object over time with actual movement; and adjusting, based on comparing the predicted movement with the actual movement, an algorithm for predicting movement of the object.
Response to Arguments
6. Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm.
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, GEORGIA EPPS can be reached on (571)272-2328. 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. Visithttps://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.
/M.T.T./Examiner, Art Unit 2878
/THANH LUU/Primary Examiner, Art Unit 2878
Prosecution Insights