Prosecution Insights
Last updated: October 01, 2026
Application No. 18/882,812

MEASUREMENT DEVICE

Non-Final OA §103
Filed
Sep 12, 2024
Priority
Mar 30, 2022 — JP 2022-055097 +1 more
Examiner
NAPIER, JAMES WILBURN
Art Unit
Tech Center
Assignee
Panasonic Holdings Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
8 granted / 9 resolved
+28.9% vs TC avg
Strong +22% interview lift
Without
With
+22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
17 currently pending
Career history
19
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 9 resolved cases

Office Action

§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 . 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. 1. Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Horn et al (US 20210026014 A1), hereinafter Horn, in view of Yamashita et al (JP 2017047061 A), hereinafter Yamashita. 2. Regarding Claim 1: Horn teaches a measurement device comprising: a light source that emits light, ([Abstract]: An apparatus for ascertaining a distance to an object has a light source unit for emitting an optical signal with a time-varying frequency, an evaluation device for ascertaining a distance to the object based on (a) a measurement signal that arose from the signal and was reflected at the object and (b) a reference signal that was not reflected at the object). Horn teaches an interference optical system including a beam splitter that splits the light emitted from the light source into reference light and irradiation light for irradiating an object, the interference optical system generating interference light by causing reflected light generated by at least part of the irradiation light being reflected by the object and the reference light to interfere with each other, and a first photodetector that detects the interference light, ([0004]: FIG. 6a shows, merely in a schematic illustration, a basic set-up, known per se, in which a signal 611 with a time-varying frequency (also referred to as “chirp”), emitted by a light source 610, is split into two partial signals, this split being implemented, for example, by way of a beam splitter (e.g., a partly transmissive mirror or fiber-optic splitter) which is not illustrated here. The two partial signals are coupled by way of a signal coupler 645 and superposed at a detector 650, with the first partial signal, as a reference signal 622, reaching the signal coupler 645 and the detector 650 without a reflection at the object denoted by “640”. By contrast, the second partial signal incident at the signal coupler 645 or at the detector 650, as a measurement signal 621, propagates to the object 640 via an optical circulator 620 and a scanner 630, is reflected back by said object and consequently arrives at the signal coupler 645 and the detector 650 with a time delay in comparison with the reference signal 622 and a correspondingly altered frequency. An evaluation device 660 is used to evaluate the detector signal supplied by the detector 650 relative to the measuring apparatus or the light source 610, with the difference frequency 631 between the measurement signal 621 and reference signal 622, said difference frequency being captured at a certain time and illustrated in the diagram in FIG. 6b, being characteristic for the distance to the object 640 from the measuring apparatus or the light source 610). Horn teaches at least one optical element that emits the at least part of the irradiation light, and the interference optical system further includes a circulator connected to the beam splitter and the at least one optical element ([0052]: The optical signals generated by the light source unit 110 are split in a manner known per se into partial signals serving as a measurement signal 121 and partial signals serving as a reference signal 122 by the beam splitter 112 (e.g., a fiber-optic splitter). The partial signals serving as a measurement signal 121 are steered by an optical circulator 120 and a dispersive scanning device 130 onto an object (not illustrated in FIG. 1) that is to be measured in respect of its distance from the apparatus, with the partial signals serving as a reference signal 122 being used for the further evaluation in a manner analogous to FIGS. 6a-6b). See figure 1. Horn teaches a second photodetector that detects monitoring light that is any one of part of the light emitted from the light source, part of the irradiation light in the interference optical system, and part of the reference light in the interference optical system, ([0012]: A further factor increasing the complexity of the structure in respect of the light source unit and the closed-loop control thereof is that, under safety aspects, there needs to be monitoring—preferably redundant monitoring—of the luminous power emitted by the light source unit in order to avoid injury to persons situated in the surroundings). Horn further teaches, ([0031]: According to this aspect, the invention makes use of the fact that the further information supplied by the optical position sensor relating to the luminous power emitted by the light source unit, which goes beyond the position information, can also be used and taken into account for such monitoring. Such monitoring of the emitted luminous power, advisable for safety aspects and for avoiding injury to persons situated in the surroundings, can also be implemented, in particular, in redundant fashion, i.e., in addition to the primary monitoring, for example on the basis of monitoring the laser current). Horn does not explicitly teach a processing circuit that adjusts an intensity of the irradiation light to be emitted to an outside according to an intensity of the monitoring light. However, Yamashita teaches this, ([0019] - [0021]: Next, a configuration for monitoring the amount of light in the present embodiment will be described. In the present embodiment, a light quantity monitoring branch coupler 200 is further provided in the optical fiber that guides the measurement light branched by the branch coupler 30 to the measurement optical path L2. The light quantity monitoring branch coupler 200 divides the light from the branch coupler 30 into actual measurement light and monitoring light at a predetermined branching ratio. The monitoring light is guided to the measurement light quantity monitor 210 disposed at the end of the optical fiber by the optical fiber having the end connected to the branching coupler 30. A light quantity monitoring branch coupler 200 which is a light quantity monitoring branch means branches a light quantity monitoring light beam from the light beam adjusted by the light control device 20 which is an adjusting means for adjusting the light quantity of the light beam from the light source. That is, the light quantity monitoring branching unit divides the light quantity measuring light from the light that has passed through the light control device 20 as the second dividing unit. A measurement light amount monitor 210 described later is connected to the signal processing unit 80, and intensity information of the monitoring light obtained by the measurement light amount monitor 210 is output to the signal processing unit 80. The branch coupler 30 constitutes a first splitting unit that splits light from the light source into measurement light and reference light. The signal processing unit 80 stores the light quantity of the light source 10 acquired in advance, the branching ratio of the branch coupler 30 between the measurement optical path and the reference optical path, and the branching ratio of the coupler used for the light quantity monitor. Standard values are also obtained. These values may be design values or may be measured and acquired during assembly. Further, the signal processing unit 80 controls the light amount adjustment driving unit 26 based on the intensity information of the monitoring light. More specifically, based on the intensity information, it is determined whether or not the intensity of the measurement light is sufficient to irradiate the eye to be examined. When it is determined that the intensity is too strong, the light intensity adjustment drive unit 26 is caused to adjust the light intensity so as to decrease the intensity. If it is determined that the intensity can still be increased, control is performed to reduce the amount of light until it is determined that the intensity is too high. Hereinafter, a method for adjusting the amount of light applied to the eye to be examined will be described. The first embodiment will be described based on FIGS. 1 and 2. As described above, in the present embodiment, the light quantity monitoring branch coupler 200 is installed in the measurement optical path after passing through the branch coupler 30 of the measurement optical path L2 and the reference optical path L3. Then, the monitor incident light quantity is measured by the measurement light quantity monitor 210 installed at the branch destination of the light quantity monitoring branch coupler 200. Based on the obtained monitor incident light quantity, the signal processing unit 80 calculates the light quantity incident on the eye to be examined from this and the branching ratio of the light quantity monitor branch coupler 200 stored in advance. Then, the intensity of the light guided to the optical path L1 is adjusted using the light control device 20 so that the measurement light becomes an appropriate light amount by feedback control in a state where the measurement light is incident on the eye to be examined. In the light control device 20, the light amount adjustment drive unit 26 is controlled in accordance with the control signal output from the signal processing unit 80, and the light amount adjustment by the light control device 20 is executed). It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include a processing circuit that adjusts an intensity of the irradiation light to be emitted to an outside according to an intensity of the monitoring light, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since such a configuration provides the ability to compensate for internal laser diode fluctuations by tracking a split internal sample (monitoring light) to keep outgoing pulses uniform. In addition, laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). 3. Regarding Claim 2: Horn does not teach another beam splitter between the light source and the beam splitter, wherein the other beam splitter separates the monitoring light from the light emitted from the light source. However, Yamashita teaches this, ([Fig. 5]: Shows a beam splitter (240) between the light source (10) and branch coupler (30). Beam splitter (240) divides the light propagating toward the sample into a first portion which continues on to the sample and a second portion which is incident on light monitoring detector (250)). It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include another beam splitter between the light source and the beam splitter, wherein the other beam splitter separates the monitoring light from the light emitted from the light source, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since such a configuration provides the ability to compensate for internal laser diode fluctuations by tracking a split internal sample (monitoring light) to keep outgoing pulses uniform. This would also enable active power stabilization and feedback loops to adjust the source if output energy drifts due to temperature or aging, as well as isolating the diagnostic sampling path from the interferometric, measurement, path. In addition, laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). 4. Regarding Claim 3: Horn teaches the second photodetector detects the monitoring light in the light emitted from the light source without another beam splitter therebetween, ([Fig. 2]: Shows a single beam splitter (212) between light source (211) monitoring detector (214) and the circulator (220)). 5. Regarding Claim 4: Horn does not teach the interference optical system further includes another beam splitter, and the other beam splitter separates the monitoring light from the irradiation light in the interference optical system. However, Yamashita teaches, ([Fig. 1]: Shows beam splitter (200), within the measurement arm of the interferometer, after beam splitter (30). Beam splitter (200) allows the outgoing measurement light to be monitored at detector (210)). It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include the interference optical system further includes another beam splitter, and the other beam splitter separates the monitoring light from the irradiation light in the interference optical system, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since such a configuration provides the ability to compensate for internal laser diode fluctuations by tracking a split internal sample (monitoring light) to keep outgoing pulses uniform. This would also enable active power stabilization and feedback loops to adjust the source if output energy drifts due to temperature or aging, as well as isolating the diagnostic sampling path from the interferometric, measurement, path. Moreover, by measuring the laser power on the output axis directly, any offsets or fluctuations caused by upstream components can be accounted for in real-time. In addition, laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). 6. Regarding Claim 5: Horn does not teach the interference optical system further includes another beam splitter, and the other beam splitter separates the monitoring light from the reference light in the interference optical system. However, Yamashita teaches, ([Fig. 3]: Shows beam splitter (220), within the reference arm of the interferometer, after beam splitter (30). Beam splitter (220) allows the reference light to be monitored at detector (210)). Yamashita further teaches, ([0025]: With respect to the second embodiment configured as described above, a configuration different from the first embodiment will be described with reference to FIGS. 3 and 4. In the present embodiment, a light quantity monitoring branch coupler 220 which is an example of a second splitting unit is installed in the reference optical path after passing through the branch coupler 30 of the measurement optical path L2 and the reference optical path L3. Then, the monitor incident light quantity is measured by the measurement light quantity monitor 230 installed at the branch destination of the light quantity monitoring branch coupler 220. Based on the obtained monitor incident light quantity, the signal processing unit 80 calculates the light quantity incident on the eye to be examined from this and the branching ratio of the light quantity monitor branch coupler 200 stored in advance. Then, the intensity of the light guided to the optical path L1 is adjusted using the dimming device 20 so that the measurement light has an appropriate light amount by feedback control that repeats light amount measurement and light amount adjustment. In the light control device 20, the light amount adjustment drive unit 26 is controlled in accordance with the control signal output from the signal processing unit 80). It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include the interference optical system further includes another beam splitter, and the other beam splitter separates the monitoring light from the reference light in the interference optical system, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since such a configuration provides the ability to compensate for internal laser diode fluctuations by tracking a split internal sample (monitoring light) to keep outgoing pulses uniform. This would also enable active power stabilization and feedback loops to adjust the source if output energy drifts due to temperature or aging. Moreover, by measuring the laser power on the reference axis directly, not only can the power of the measurement light be monitored, the relative power of the reference can be tuned to optimize interference between the reference and measurement arms (as disclosed by Yamashita above) in real-time. In addition, laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). 7. Regarding Claim 6: Horn teaches the at least one optical element includes a plurality of optical elements, and each of the plurality of optical elements emits part of the irradiation light, ([0055]: According to FIG. 1, the signal path downstream of the scanning device 130 contains a beam splitter 171, which couples respectively one partial beam of the measurement beams, deflected by the scanning device 130 in frequency-dependent fashion, out of the signal path and which deflects said partial beam in the direction of the optical position sensor 170. In the embodiment of FIG. 1, there is (without restricting the invention thereto, however) imaging onto the optical position sensor 170 via a Fourier optical unit 172 (e.g., in the form of one or more lenses), wherein this Fourier optical unit 172 can be disposed at a distance corresponding to its focal length from the position sensor 170 and converts the different beam angles emanating from the scanning device 130 into different locations on the position sensor 170). Horn further teaches, ([Fig. 1]: Shows multiple optical elements with each of the plurality of optical elements emitting part of the irradiation light). 8. Regarding Claim 7: Horn teaches the at least one optical element receives the reflected light and inputs the reflected light to the interference optical system, ([Fig. 1]: Shows optical elements (130) & (171) both emitting and receiving the reflected measurement light). 9. Regarding Claim 8: Horn teaches at least one other optical element that receives the reflected light and inputs the reflected light to the interference optical system. See Claim 7. 10. Regarding Claim 9: Horn does not teach the processing circuit comprises: a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result; and a drive circuit that causes the light source to change an intensity of the light according to the restriction signal. However, Yamashita teaches, ([0025]: With respect to the second embodiment configured as described above, a configuration different from the first embodiment will be described with reference to FIGS. 3 and 4. In the present embodiment, a light quantity monitoring branch coupler 220 which is an example of a second splitting unit is installed in the reference optical path after passing through the branch coupler 30 of the measurement optical path L2 and the reference optical path L3. Then, the monitor incident light quantity is measured by the measurement light quantity monitor 230 installed at the branch destination of the light quantity monitoring branch coupler 220. Based on the obtained monitor incident light quantity, the signal processing unit 80 calculates the light quantity incident on the eye to be examined from this and the branching ratio of the light quantity monitor branch coupler 200 stored in advance. Then, the intensity of the light guided to the optical path L1 is adjusted using the dimming device 20 so that the measurement light has an appropriate light amount by feedback control that repeats light amount measurement and light amount adjustment. In the light control device 20, the light amount adjustment drive unit 26 is controlled in accordance with the control signal output from the signal processing unit 80). Yamashita further teaches, ([0020]: The signal processing unit 80 stores the light quantity of the light source 10 acquired in advance, the branching ratio of the branch coupler 30 between the measurement optical path and the reference optical path, and the branching ratio of the coupler used for the light quantity monitor. Standard values are also obtained. These values may be design values or may be measured and acquired during assembly. Further, the signal processing unit 80 controls the light amount adjustment driving unit 26 based on the intensity information of the monitoring light. More specifically, based on the intensity information, it is determined whether or not the intensity of the measurement light is sufficient to irradiate the eye to be examined. When it is determined that the intensity is too strong, the light intensity adjustment drive unit 26 is caused to adjust the light intensity so as to decrease the intensity. If it is determined that the intensity can still be increased, control is performed to reduce the amount of light until it is determined that the intensity is too high). It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include the processing circuit comprises: a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result; and a drive circuit that causes the light source to change an intensity of the light according to the restriction signal, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since by measuring the laser power on the reference axis directly, not only can the power of the measurement light be monitored, the relative power of the reference can be tuned to optimize interference between the reference and measurement arms (as disclosed by Yamashita above) in real-time. In addition, laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). 11. Regarding Claim 10: Horn does not teach a shutter that opens and closes an optical path of the light emitted from the light source or the irradiation light, wherein the processing circuit includes a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result, and the shutter opens and closes the optical path according to the restriction signal. However, Yamashita teaches, ([0023]: Further, in the above feedback control, when the amount of light incident on the eye to be examined exceeds the adjustment upper limit value of the light control device, for example, a shutter may be arranged in the measurement optical path, thereby closing the optical path. In the present embodiment, the shutter 50 is disposed on the measurement optical path L2. Therefore, when adjusting the light amount, the light amount may be measured without disposing the ND filter with the measurement optical path closed, and the measurement optical path may be opened after disposing the ND filter corresponding to the light amount. In addition, when the shutter 50 is provided, a signal indicating a failure may be issued to the signal processing unit 80, and for example, a process for displaying the signal on a monitor that displays an image of the eye to be examined may be executed. In addition, it is assumed that the measured light amount exceeds the upper limit of the intensity that is not suitable for irradiation to the eye to be examined, and the intensity is less than the lower limit of the intensity at which an image having a contrast necessary for diagnosis is obtained. As described above, when the measured light amount is not the light amount in the predetermined range used for image acquisition, or when the measured light amount further exceeds the predetermined value set beyond the predetermined range, the shutter 50 and the configuration for driving the shutter 50 are configured. You may use as a means to stop irradiation to the eye to be examined with measurement light. The predetermined value is obtained by multiplying the upper limit value and lower limit value of the predetermined range described above by a safety factor or the like. In this case, the entry or withdrawal of the shutter 50 into the optical path corresponds to the stop or cancellation of irradiation of the measurement light to the eye). See Claim 9. It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include a shutter that opens and closes an optical path of the light emitted from the light source or the irradiation light, wherein the processing circuit includes a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result, and the shutter opens and closes the optical path according to the restriction signal, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). In addition, as disclosed by Yamashita above, it is advantageous to have a shutter block measurement light while adjusting the laser power and relative reference intensity to optimize interferometer performance with the highest level of eye safety during this process. 12. Regarding Claim 11: Horn does not teach an attenuator that attenuates an intensity of the light emitted from the light source or the irradiation light, wherein the processing circuit includes a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result, and the attenuator attenuates the intensity of the light emitted from the light source or the irradiation light according to the restriction signal. However, Yamashita teaches, ([0013]: In the dimmer 20, the fiber end 12, collimating lenses 14 and 16, the light amount adjusting optical element 18, and the fiber end 22 are disposed. The light beam emitted from the fiber end 12 passes through the collimating lenses 14 and 16, and the light amount is adjusted by the light amount adjusting optical element 18. The light beam after the light amount adjustment enters the fiber end 22). Yamashita further teaches, ([0014]: In the present embodiment, the light quantity adjusting optical element refers to a variable density ND filter as an optical member for attenuating the quantity of transmitted light and a light shielding plate for shielding the light. Further, a dichroic mirror or a lens for changing the spectral characteristics of the light incident on the fiber end 22 may be further added, and the intensity output at each wavelength of the spectral distribution from the light source may be adjusted by these components. In addition, in the case of each of these optical elements, optical performance, and in the case of an ND filter, a configuration in which elements having different ratios for attenuating the amount of light are arranged to be replaceable may be used. These light quantity adjustment optical elements are controlled by the light quantity adjustment drive unit 26). See Claim 9. It would have been obvious for one of ordinary skill in the art at the time of filing to modify Horn with Yamashita to include an attenuator that attenuates an intensity of the light emitted from the light source or the irradiation light, wherein the processing circuit includes a determination circuit that performs determination by comparing the intensity of the monitoring light and a predetermined intensity and outputs a restriction signal according to a determination result, and the attenuator attenuates the intensity of the light emitted from the light source or the irradiation light according to the restriction signal, since it is the same field of endeavor and results would have been predictable. One of ordinary skill in the art at the time of filing would have been motivated to modify Horn with Yamashita, since laser eye safety is an issue of concern for such, laser enabled, measurement systems, (Yamashita: [0003]: In this OCT apparatus, it is preferable to use measurement light having a larger light quantity in order to obtain an image suitable for diagnosis. However, since the object to be measured is the eye, higher safety is required for the light applied to the eye to be examined. That is, it is essential to use a light amount that does not damage the eye to be examined. Therefore, it is required that the measurement light has a light quantity more appropriate than these contradicting conditions. Here, in Patent Document 1, the light amount of the reference light is measured. If the measured light amount is within the allowable range, the measurement is performed). In addition, such a configuration allows for a constant injection current to be used for the laser, avoiding thermal fluctuations and chirp (wavelength drift) caused by varying electrical power, and maintaining a consistent wavefront profile, while the inclusion of an ND filter can simultaneously allow for the source intensity to be optimally tuned for different target parameters. 13. Regarding Claim 12: Horn teaches the light source is capable of changing a frequency of the light with time, and the processing circuit processes a signal output from the first photodetector, ([0050] According to FIG. 1, the light source unit 110 comprises a frequency-modulated FMCW laser 111 (FMCW=frequency-modulated continuous wave) for emitting an optical signal with a time-varying frequency (“chirp”). By way of example, the laser 111 could be a DFB laser, a WGMR laser or else a VCSEL laser). Horn further teaches, ([0053]: Following a reflection at the object, the signal path extends back, via the optical circulator 120, to the detector 150 and to the evaluation device 160). Horn goes on to teach, ([0056]: As is evident from FIG. 1, the sensor signals supplied by the optical position sensor 170 are supplied to an evaluation device 160 and are supplied there, via amplifier and analog-to-digital converter represented by the function block “166”, to a reconstruction unit 163 for reconstructing the respectively current beam direction. From the corresponding current beam directions and the associated difference or beat frequencies ascertained using a signal processing unit 162, the actual image reconstruction is implemented in a further reconstruction unit 164 by way of outputting a distance and velocity map relating to the object to be measured). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190154439 A1: Discloses a system with multiple distance meters. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES W NAPIER whose telephone number is (571)272-7451. The examiner can normally be reached Monday - Friday 8:00 am - 4:00 pm. 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, Helal Algahaim can be reached at (571) 270-5227. 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. /J.W.N./Examiner, Art Unit 3645 /HELAL A ALGAHAIM/SPE , Art Unit 3645
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Prosecution Timeline

Sep 12, 2024
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §103 (current)

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1-2
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99%
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