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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-6, 9-10, 12 and 22-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220026576 A1 to Baribault et al.
Regarding Claim 1. Baribault discloses a light beam deflection device, comprising a first side and a second side opposite in a first direction (See at least Fig. 10), and comprising a light beam deflection structure (See Fig. 10 and Fig. 7A), the light beam deflection structure comprising: a liquid crystal variable wave plate (as shown in Fig. 7A polarization selector 146), comprising a first liquid crystal layer (para 116 “in some cases the polarization selector may be a switchable liquid crystal layer”) and a first driver (implied by para 117 “electrical signals that set the operational modes of the polarization selector 146” and para 119 “by applying a voltage to the polarization selector”), wherein the first liquid crystal layer comprises a first state and a second state, the first driver is configured to drive the first liquid crystal layer to be in the first state or the second state (See para 119), in the first state, the liquid crystal variable wave plate is configured to change light of a first polarization state into light of a second polarization state or change light of the second polarization state into light of the first polarization state, and in the second state, the liquid crystal variable wave plate is configured to not to change a polarization state of light (See para 116 “The polarization selector 146 is preferably switchable between a first mode that does not change the polarization of the incident light beam 150 and a second mode that reverses the polarization of the light beam 150”); and a liquid crystal polarization grating, arranged at a side of the liquid crystal variable wave plate away from the first side (See Fig. 7A and Fig. 10 PG 148), and comprising a second liquid crystal layer (para 116 “preferably is a Liquid Crystal Polarization Grating”), wherein the second liquid crystal layer comprises a third state, in the third state, the liquid crystal polarization grating is configured to change light of the first polarization state into light of the second polarization state and deflect the light toward a first deflection direction by a set angle (Fig. 7A direction 154 and para 124), or change light of the second polarization state into light of the first polarization state and deflect the light toward a second deflection direction by the set angle (See Fig. 7A direction 152 and para 124), and the first deflection direction and the second deflection direction are symmetrical with respect to a propagation direction of the light (See Fig. 7A light propagation direction 156), wherein the light beam deflection structure comprises a first light beam deflection structure (See Fig. 7A), the first deflection direction and the second deflection direction of the liquid crystal polarization grating in the first light beam deflection structure are located in a first plane where a first direction and a second direction are located, and the second direction is perpendicular to the first direction (See Fig. 7A and Fig. 10), the light beam deflection device comprises a plurality of first light beam deflection structures which are arranged along the first direction (as shown in Fig. 10).
Regarding Claim 3. Baribault further discloses the first polarization state is a right-handed circularly polarization state, and the second polarization state is a left-handed circularly polarization state (See at least Fig. 7A).
Regarding Claim 4. Baribault further discloses the liquid crystal polarization grating further comprises a second driver, and the second liquid crystal layer further comprises a fourth state, the second driver is configured to drive the second liquid crystal layer so that the second liquid crystal layer is in the third state or the fourth state, and in the fourth state, the liquid crystal polarization grating is configured not to change the polarization state and a deflection angle of the light (See para 120 “ In an “active” configuration, the PG 148 is also switchable between two operational modes. In the first operational mode the director pattern is intact such as to be able to perform the light diffraction. In the second operational mode the director pattern is distorted and acquires a structure where it no longer diffracts light, such that the output light is not deflected relative to the incident light, rather it exits along the same direction as the incident light,” and para 123 “PG 148 is switched such that it acquires the second operational mode by applying a voltage”).
Regarding Claim 5. Baribault further discloses numerical values of a plurality of set angles of the plurality of first light beam deflection structures are different (See Fig. 11 para 137-138).
Regarding Claim 6. Baribault further discloses the numerical values of the plurality of set angles form an arithmetic sequence or a geometric sequence (See at least para 137).
Regarding Claim 9. Baribault further discloses the light beam deflection structure further comprises a second light beam deflection structure, the first deflection direction and the second deflection direction of the liquid crystal polarization grating of the second light beam deflection structure are located in a second plane where the first direction and a third direction are located, and the third direction is perpendicular to both the first direction and the second direction, the light beam deflection device comprises at least one second light beam deflection structure, and the plurality of first light beam deflection structures and the at least one second light beam deflection structure are arranged along the first direction (See Fig. 10, para 136 “first two steering stages 2041 and 2042 provide vertical/elevation steering angles… the last five steering stages 2043, 2044, 2045, 2046 and 2047 provide horizontal steering angles”).
Regarding Claim 10. Baribault further discloses the at least one second light beam deflection structure is located at a side of the plurality of first light beam deflection structures away from the first side or away from the second side (as shown in Fig. 10).
Regarding Claim 12. Baribault further discloses the light beam deflection device comprises a plurality of second light beam deflection structures arranged in the first direction (See Fig. 10).
Regarding Claim 22. Baribault further discloses a controller, connected and in communication with a plurality of first drivers of the plurality of first light beam deflection structures and is configured to provide voltage signals to the plurality of first drivers to make the first liquid crystal layer in the first state or the second state (para 142-143 controller 290).
Regarding Claim 23. Baribault further discloses a laser radar, comprising a laser emitting system, wherein the laser emitting system comprises a plurality of lasers and the light beam deflection device according to claim 1, and the plurality of lasers are arranged corresponding to the light beam deflection device, the plurality of lasers are located at the first side of the light beam deflection device and are configured to emit light beams to the light beam deflection device (See at least Fig. 4 and Fig. 7A para 118, laser 130).
Regarding Claim 24. Baribault further discloses a laser receiving system, which comprises a plurality of detectors, wherein the plurality of detectors are configured to receive light beams (See Fig. 18A optical receiver 408).
Regarding Claim 25. Baribault further discloses the laser receiving system further comprises the light beam deflection device, and the light beam deflection device is arranged corresponding to the plurality of detectors, the plurality of detectors are located at the first side of the light beam deflection device, and the plurality of detectors are configured to receive a light beam from the light beam deflection device (See Fig. 18A).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Baribault as applied to claim 1 in view of US 20120188467 A1 to Escuti et al.
Regarding Claim 2. As stated above Baribault discloses all the limitations of base claim 1.
Baribault does not specifically disclose a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the liquid crystal polarization grating in the first light beam deflection structure is the second direction.
However, Escuti discloses the structural details of a liquid crystal polarization grating such that a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the liquid crystal polarization grating in the first light beam deflection structure is the second direction (See Fig. 9A and 9B), as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the liquid crystal polarization grating in the first light beam deflection structure is the second direction.
Claims 11 is rejected under 35 U.S.C. 103 as being unpatentable over Baribault as applied to claim 9 in view of US 20120188467 A1 to Escuti et al.
Regarding Claim 11. As stated above Baribault discloses all the limitations of base claim 9.
Baribault does not specifically disclose a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the second light beam deflection structure is the third direction.
However, Escuti discloses the structural details of a liquid crystal polarization grating such that a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the second light beam deflection structure is the third direction (See Fig. 9A or 9B), as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that a periodic arrangement direction of liquid crystal directors of the second liquid crystal layer of the second light beam deflection structure is the third direction.
Claims 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Baribault as applied to claim 1 in view of US 11435641 B1 to Jamali et al.
Regarding Claim 14. As stated above Baribault discloses all the limitations of base claim 1.
Baribault does not specifically disclose the liquid crystal variable wave plate further comprises: a first substrate; a second substrate, arranged opposite to the first substrate, wherein the first liquid crystal layer is located between the first substrate and the second substrate; a first alignment layer, located between the first liquid crystal layer and the first substrate; a second alignment layer, located between the first liquid crystal layer and the second substrate; a first transparent conductive layer, located between the first alignment layer and the first substrate; and a second transparent conductive layer, located between the second alignment layer and the second substrate, wherein, the first driver comprises the first transparent conductive layer and the second transparent conductive layer, in a case that a voltage signal between the first transparent conductive layer and the second transparent conductive layer is a first voltage, the first liquid crystal layer is in the first state, and in a case that the voltage signal between the first transparent conductive layer and the second transparent conductive layer is a second voltage, the first liquid crystal layer is in the second state.
However, Jamali discloses the structural details of a liquid crystal variable wave plate such that the liquid crystal variable wave plate further comprises: a first substrate (Fig. 1A substrates 104-1); a second substrate, arranged opposite to the first substrate (Fig. 1A substrates 104-2), wherein the first liquid crystal layer is located between the first substrate and the second substrate (See Fig. 1A liquid crystal 102); a first alignment layer (Fig. 1A alignment layer 108-1), located between the first liquid crystal layer and the first substrate; a second alignment layer (Fig. 1A alignment layer 108-2), located between the first liquid crystal layer and the second substrate; a first transparent conductive layer (Fig. 1A electrode 105-1), located between the first alignment layer and the first substrate; and a second transparent conductive layer (Fig. 1A electrode 105-2), located between the second alignment layer and the second substrate, wherein, the first driver comprises the first transparent conductive layer and the second transparent conductive layer, in a case that a voltage signal between the first transparent conductive layer and the second transparent conductive layer is a first voltage, the first liquid crystal layer is in the first state, and in a case that the voltage signal between the first transparent conductive layer and the second transparent conductive layer is a second voltage, the first liquid crystal layer is in the second state (it is noted that this limitation is functional and does not structurally differentiate the claim from the prior art, this function is disclosed in col 6 lines 16-20 and Col 7 lines 29-32)., as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that the liquid crystal variable wave plate further comprises: a first substrate; a second substrate, arranged opposite to the first substrate, wherein the first liquid crystal layer is located between the first substrate and the second substrate; a first alignment layer, located between the first liquid crystal layer and the first substrate; a second alignment layer, located between the first liquid crystal layer and the second substrate; a first transparent conductive layer, located between the first alignment layer and the first substrate; and a second transparent conductive layer, located between the second alignment layer and the second substrate, wherein, the first driver comprises the first transparent conductive layer and the second transparent conductive layer, in a case that a voltage signal between the first transparent conductive layer and the second transparent conductive layer is a first voltage, the first liquid crystal layer is in the first state, and in a case that the voltage signal between the first transparent conductive layer and the second transparent conductive layer is a second voltage, the first liquid crystal layer is in the second state.
Regarding Claim 17. Baribault further discloses a first quarter-wave plate, located at a side of the first substrate close to the first side (Fig. 10 quarter waveplates 202.sub.1); and a second quarter-wave plate, located at a side of the second substrate away from the first side (quarter waveplates 202.sub.2),.
In addition, Jamali discloses the structural details of a liquid crystal variable wave plate such that the liquid crystal variable wave plate further comprises: a first substrate (Fig. 1A substrates 104-1); a second substrate, arranged opposite to the first substrate (Fig. 1A substrates 104-2), wherein the first liquid crystal layer is located between the first substrate and the second substrate (See Fig. 1A liquid crystal 102); a first alignment layer (Fig. 1A alignment layer 108-1), located between the first liquid crystal layer and the first substrate; a second alignment layer (Fig. 1A alignment layer 108-2), located between the first liquid crystal layer and the second substrate; a first transparent conductive layer (Fig. 1A electrode 105-1), located between the first alignment layer and the first substrate; and a second transparent conductive layer (Fig. 1A electrode 105-2), located between the second alignment layer and the second substrate, wherein, the first driver comprises the first transparent conductive layer and the second transparent conductive layer, in a case that a voltage signal between the first transparent conductive layer and the second transparent conductive layer is a first voltage, the first liquid crystal layer is in the first state, and in a case that the voltage signal between the first transparent conductive layer and the second transparent conductive layer is a second voltage, the first liquid crystal layer is in the second state (it is noted that this limitation is functional and does not structurally differentiate the claim from the prior art, this function is disclosed in col 6 lines 16-20 and Col 7 lines 29-32).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baribault and Jamali as applied to claim 14 in view of US 20120188467 A1 to Escuti et al.
Regarding Claim 19. As stated above Baribault and Jamali discloses all the limitations of base claim 14.
Baribault and Jamali do not specifically disclose the liquid crystal polarization grating comprises: a third substrate ;a fourth substrate, arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate; a third alignment layer, located between the second liquid crystal layer and the third substrate; and a fourth alignment layer, located between the second liquid crystal layer and the fourth substrate.
However, Escuti discloses the structural details of a liquid crystal polarization grating such that the liquid crystal polarization grating comprises: a third substrate (Fig. 9B substrates 910); a fourth substrate (Fig. 9B substrates 925), arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate (Fig. 9B LC layer 905); a third alignment layer (Fig. 9B alignment layers 915), located between the second liquid crystal layer and the third substrate; and a fourth alignment layer (Fig. 9B alignment layers 915), located between the second liquid crystal layer and the fourth substrate (See Fig. 9B), as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that the liquid crystal polarization grating comprises: a third substrate ;a fourth substrate, arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate; a third alignment layer, located between the second liquid crystal layer and the third substrate; and a fourth alignment layer, located between the second liquid crystal layer and the fourth substrate.
Regarding Claim 20. The combination of Baribault, Jamali and Escuti further discloses the second substrate is located at a side of the first substrate away from the first side (See Fig. 1A of Jamali), and the fourth substrate is located at a side of the third substrate away from the first side (See Escuti Fig. 9B), the second substrate and the third substrate are a same substrate (The courts have held that the use of a one piece construction instead of the structure disclosed in the prior art (a single transparent substrate or two transparent substrates adjacently stacked) would be merely a matter of obvious engineering choice See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)).
Claims 21 is rejected under 35 U.S.C. 103 as being unpatentable over Baribault as applied to claim 4 in view of US 20120188467 A1 to Escuti et al.
Regarding Claim 21. As stated above Baribault discloses all the limitations of base claim 4.
Baribault does not specifically disclose the liquid crystal polarization grating comprises: a third substrate; a fourth substrate, arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate; a third alignment layer, located between the second liquid crystal layer and the third substrate; a fourth alignment layer, located between the second liquid crystal layer and the fourth substrate; a third transparent conductive layer, located between the third alignment layer and the third substrate; and a fourth transparent conductive layer, located between the fourth alignment layer and the fourth substrate, wherein the second driver comprises the third transparent conductive layer and the fourth transparent conductive layer, in a case that a voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a third voltage, the second liquid crystal layer is in the third state, and in a case that the voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a fourth voltage, the second liquid crystal layer is in the fourth state..
However, Escuti discloses the structural details of a liquid crystal polarization grating such that the liquid crystal polarization grating comprises: a third substrate (Fig. 9B substrates 910); a fourth substrate (Fig. 9B substrates 925), arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate (Fig. 9B LC layer 905); a third alignment layer, located between the second liquid crystal layer and the third substrate (Fig. 9B alignment layers 915); a fourth alignment layer, located between the second liquid crystal layer and the fourth substrate (Fig. 9B alignment layers 915); a third transparent conductive layer, located between the third alignment layer and the third substrate (Fig. 9B electrodes 912); and a fourth transparent conductive layer, located between the fourth alignment layer and the fourth substrate (Fig. 9B electrodes 912), wherein the second driver comprises the third transparent conductive layer and the fourth transparent conductive layer, in a case that a voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a third voltage, the second liquid crystal layer is in the third state, and in a case that the voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a fourth voltage, the second liquid crystal layer is in the fourth state (para 112), as the substitution of one known element for another yields predictable results to one of ordinary skill in the art (MPEP2143(I)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)).
Therefore, it would have been obvious to a person having ordinary skill in the art before Applicant’s effective filing date to include that the liquid crystal polarization grating comprises: a third substrate; a fourth substrate, arranged opposite to the third substrate, wherein the second liquid crystal layer is located between the third substrate and the fourth substrate; a third alignment layer, located between the second liquid crystal layer and the third substrate; a fourth alignment layer, located between the second liquid crystal layer and the fourth substrate; a third transparent conductive layer, located between the third alignment layer and the third substrate; and a fourth transparent conductive layer, located between the fourth alignment layer and the fourth substrate, wherein the second driver comprises the third transparent conductive layer and the fourth transparent conductive layer, in a case that a voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a third voltage, the second liquid crystal layer is in the third state, and in a case that the voltage signal between the third transparent conductive layer and the fourth transparent conductive layer is a fourth voltage, the second liquid crystal layer is in the fourth state.
Allowable Subject Matter
Claim 16 is 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.
Conclusion
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/EDMOND C LAU/ Primary Examiner, Art Unit 2871
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