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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted by the applicant listed below have been considered and are included in the file.
27 January 2025
12 May 2025
Response to Amendment
Preliminary amendments were filed by the applicant on 20 January 2025. Claims 1-13 were canceled, and claims 14-26 were introduced. Therefore, claims 14-26 are currently pending.
Specification
The disclosure is objected to because of the following informalities:
On pg. 3, line 6 of the Specification, it states that “This object is satisfied by an optically scanning sensor having the features of claim 1.” (emphasis added), however claim 1 was canceled with the preliminary amendments as noted above .
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14-16, 18-19 and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Osiroff (US 20200292679 A1).
Regarding claims 14 and 25, Osiroff anticipates an optically scanning sensor and a method of using a sensor, comprising:
a transmission unit for emitting an optical transmission signal into a predetermined scanning zone of the sensor ([0224] - [0225]; Fig. 8B, where emitters (812A, 812B) are light sources for emission into a field of view (FOV) (820)),
a reception unit that is configured to detect a reflected or remitted portion of the transmission signal and to output a corresponding reception signal ([0224] - [0226]; Fig. 8B, where sensors (806A, 806B, 808) detect reflected light which includes reflections from FOV (820)),
an evaluation unit that is configured to detect at least one object in the scanning zone of the sensor based on the reception signal ([0217] - [0222]; Fig. 8B, processor (804) is configured to receive signals from sensors (806A, 806B, 808) and detect objects present in the FOV (820)),
wherein the scanning zone comprises a partial zone that differs from the remaining scanning zone by at least one characteristic with respect to the transmission signal, the reception signal and/or the evaluation of the reception signal ([0310] - [0315]; where the scanning FOV is broken into pixels, or regions of the FOV, and may classify the pixels by returned signal information),
and wherein the evaluation unit is configured to detect interference influences, which hinder the detection of the object, based on a portion of the reception signal that is associated with the partial zone ([0219] - [0231], [0303] - [0308]; Fig. 8B, where the processor is capable of determining interference influences, such as environmental conditions and ambient light from FOV pixels/regions within the FOV (820), in addition to internal reflections (850), based on signals from the sensors (806A, 806B, 808)).
Regarding claims 15 and 16, Osiroff anticipates the sensor according to claim 14, wherein
the transmission signal covers a predetermined geometric shape within the scanning zone at consecutive points in time, and the geometric shape covers the partial zone for detecting the interference influences at at least one predetermined point in time, and
the transmission signal sweeps over the scanning zone in consecutive scanning layers, and the partial zone is formed by at least one selected scanning layer ([0123], [0126]; Figs. 2A-2G, 8B, where the system sweeps emission by the at least one emitter (for example emitters (112) in Fig. 2B or (812A, 812B) in Fig. 8B) in a scanning pattern such as a zig-zag, raster, Lissajous, etc. for either the entire FOV or adjacent FOV sections during subsequent scans).
Regarding claims 18 and 19, Osiroff anticipates the sensor according to claim 14, wherein
a separate transmission element of the transmission unit is associated with the partial zone, and
a separate reception element of the reception unit is associated with the partial zone ([0219] - [0226]; Fig. 8B, where emitters (812A, 812B) emit to specific regions (825, 824 respectively) and are detected by specific sensors (806B, 806A respectively)).
Regarding claim 21, Osiroff anticipates the sensor according to claim 14, wherein
the evaluation unit is configured to process the reception signal that is associated with the partial zone by means of specific evaluation steps that are different from the evaluation steps with which the evaluation unit processes the reception signal that is associated with the further regions of the scanning zone outside the partial zone ([0121] - [0122], [0179], [0190] - [0193], [0311]; Fig. 15, where the system may set emission, scanning, and/or detection plans for sections of the FOV on an FOV pixel-by-pixel basis and where the detection plans will include evaluation/identification steps for each pixel individually).
Regarding claim 22, Osiroff anticipates the sensor according to claim 14, wherein
the evaluation unit is configured to receive an additional checking signal and to check the detection of the interference influences based on the checking signal ([0219] - [0226]; Fig. 8B where the system includes a sensor (808) dedicated to determining a calibration signal, where the calibration signal may be indicative of internally reflected light and/or ambient light, and the FOV signals detected (by sensors (806A, 806B) may be interpreted, calibrated, or adjusted based on the calibration signal).
Regarding claim 23, Osiroff anticipates the sensor according to claim 14, wherein
the sensor is configured as a lidar sensor ([0118], [0152]; Fig. 8B).
Regarding claims 24 and 26, Osiroff anticipates the sensor according to claim 14 and the method according to claim 25, wherein
the interference influences comprise fog ([0004], [0100], [0190]; where a current weather condition such as fog, rain, etc., may be a contributing factor to interference in signals).
Claim(s) 14 and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhu ( US 20140324266 A1).
Regarding claims 14 and 25, Zhu anticipates an optically scanning sensor and a method of using a sensor, comprising:
a transmission unit for emitting an optical transmission signal into a predetermined scanning zone of the sensor ([0037]; Fig. 1, LIDAR unit (128) includes one or more laser sources),
a reception unit that is configured to detect a reflected or remitted portion of the transmission signal and to output a corresponding reception signal ([0037]; Fig. 1, LIDAR unit (128) includes one or more detectors for collection of reflected signals),
an evaluation unit that is configured to detect at least one object in the scanning zone of the sensor based on the reception signal ([0037]; Fig. 1, LIDAR unit (128) works with computer system (112) and processor (113) to execute operations such as information indicating presence and distance of various objects),
wherein the scanning zone comprises a partial zone that differs from the remaining scanning zone by at least one characteristic with respect to the transmission signal, the reception signal and/or the evaluation of the reception signal ([0037], [0072], [0084]; Fig. 3, where as the LIDAR unit sweeps through a 2D or 3D scan of the environment laser point data in sections of the FOV which are determined to not be associated with objects are further processed),
and wherein the evaluation unit is configured to detect interference influences, which hinder the detection of the object, based on a portion of the reception signal that is associated with the partial zone ([0066] - [0091], [0109]; Figs. 3, 4, where the system may detect that there are false returns of laser data (step 404) based on LIDAR point cloud data, weather data, and radar/camera data).
Regarding claim 21, Zhu anticipates the sensor according to claim 14, wherein
the evaluation unit is configured to process the reception signal that is associated with the partial zone by means of specific evaluation steps that are different from the evaluation steps with which the evaluation unit processes the reception signal that is associated with the further regions of the scanning zone outside the partial zone ([0100] - [0111]; Figs. 3, 4wherein the system evaluates segments of point data which are determined to be incongruous with other data and determined to be not associated with objects in a different manner than for data points which associate with objects).
Regarding claim 22, Zhu anticipates the sensor according to claim 14, wherein
the evaluation unit is configured to receive an additional checking signal and to check the detection of the interference influences based on the checking signal ([0005], [0066] - [0091], [0109]; Figs. 3, 4, where the system may detect that there are false returns of laser data (step 404) based on LIDAR point cloud data, weather data (step 412), and radar/camera (steps 402, 410) data which are indicative of fog (step 408)).
Regarding claim 23, Zhu anticipates the sensor according to claim 14, wherein
the sensor is configured as a lidar sensor ([0037]; Fig. 1, LIDAR unit (128)).
Regarding claims 24 and 26, Zhu anticipates the sensor according to claim 14 and the method according to claim 25, wherein
the interference influences comprise fog ([0005], [0066] - [0091], [0109]; Figs. 3, 4, where the system may detect that there are false returns of laser data (step 404) based on LIDAR point cloud data, weather data, and radar/camera data which are indicative of fog).
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) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osiroff ( US 20200292679 A1).
Regarding claim 17, Osiroff teaches the sensor according to claim 16, wherein
the sensor is attached to an apparatus at a sensor position ([0112] - [0115]; Fig. 1A where LIDAR system (100) is attached to vehicle (110)), but does not explicitly teach the orientation of the at least one scanning layer which forms the partial zone with respect to the plane the sensor exists on.
However, Osiroff does teach an orientation where sections or portions of the FOV (such as FOV pixels (1401) in Fig. 14A, and additional FOVs as shown in Figs. 1A and 19D) occur in planes which are parallel to the ground as the system is scanned horizontally, and where the FOV pixels exist at, and above, the horizontal plane in which the sensor is located. Therefore, to one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to operate the system of Osiroff in such a way where a specific FOV pixel, such as one indicating an interference influence such as fog, rain, or additional objects, is positioned above the plane in which the sensor itself is located with a reasonable expectation of success.
Regarding claim 20, Osiroff teaches the sensor according to claim 19, but does not describe relative sensor sensitivities with respect to that embodiment.
However, Osiroff does teach embodiments ([0190], [0350], [0373]) where the system may set emission, scanning, and/or detection plans for sections of the FOV on an FOV pixel-by-pixel basis, which would include sensitivity levels for individual sensors within the system. To one of ordinary skill in the art before the effective filing date of the claimed invention, it would have been obvious prima facie to apply differing sensitivities to the individual sensors of the system Osiroff describes in Fig. 8B and as applied to claim 19, where two sensors detect light from separate areas of the FOV, and an additional sensor may detect ambient and/or internal reflected light, with a reasonable expectation of success. This would allow for a predictable result such as changing detector sensitivities based on ambient light levels, detected object reflectivities, or other environmental conditions such as weather.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pelletier et al. (US 20180143314 A1) teaches a fast-scanning RADAR or LIDAR system for remote range finding where the system may include additional modules or sensors to provide environmental information to the ranging system such as IR cameras, barometers or humidity sensors.
LaChapelle et al. (US 20190235052 A1) teaches a LIDAR scanner and method of operation wherein an environment is scanned for object detection, and wherein the receiver characteristics may be dynamically adjusted based on variables such as an atmospheric condition.
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/K.M.R./Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
