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 1-20 are rejected under 35 U.S.C. 102a1 as being anticipated U.S. Patent Application Publication No. 2023/0128980, hereafter referred to as ‘Lyubarsky ‘980’. Regarding claim 1, Lyubarsky ‘980 teaches a system (200, 300) comprising: a phase light modulator 165; a phosphor device 155 optically coupled to the phase light modulator 165 (see figures 2-3); and a spatial light modulator 165 optically coupled the phosphor device 155 (figures 2-3).
Regarding claim 2, Lyubarsky ‘980 teaches the system of claim 1. Lyubarsky ‘980 further teaches wherein at least one of the spatial light modulator 140 or the phase light modulator 165 comprises an electromechanical device comprising an array of mirror elements (see para. #’s 15 and 32, the spatial light modulator 140 comprises an electromechanical device comprising an array of mirror elements OR see para. #’s 17 and 31, the phase light modulator 165 comprises an electromechanical device comprising an array of mirror elements).
Regarding claim 3, Lyubarsky ‘980 teaches the system of claim 1. Lyubarsky ‘980 further teaches
wherein the spatial light modulator 140 is a liquid crystal display device (para. #’s 15 and 32).
Regarding claim 4, Lyubarsky ‘980 teaches the system of claim 1. Lyubarsky ‘980 further teaches
wherein the phase light modulator 165 comprises a liquid crystal on silicon device (see para. #’s 17 and 31, PLW 165 can be liquid crystal on silicone LCoS or FLCoS ).
Regarding claim 5, Lyubarsky ‘980 teaches the system of claim 1. Lyubarsky ‘980 further teaches
a light source 150 optically coupled to the phase light modulator 165 (see figures 1-8).
Regarding claim 6, Lyubarsky ‘980 teaches the system of claim 5. Lyubarsky ‘980 further teaches
wherein the light source 150 comprises a blue laser (see para. #’s 23, 26, 57, 61, 88 and 90); and wherein the phosphor device comprises a yellow phosphor (see para. #’s 23, 26, 57, 61, 88 and 90).
Regarding claim 7, Lyubarsky ‘980 teaches the system of claim 5. Lyubarsky ‘980 further teaches
a controller 209 coupled to the light source 150 (para. # 31) and configured to operate the light source 150 based on a pulse width modulation control signal (para. # 31) to control an intensity of a source beam emitted by the light source (para. # 31).
Regarding claim 8, Lyubarsky ‘980 teaches the system of claim 1. Lyubarsky ‘980 further teaches
first relay optics (220, 320, figures 2-3) optically coupled between the phase light modulator 165 and the phosphor device 155 (figs. 2-3); and second relay optics (230, 330) optically coupled between the phosphor device 155 and the spatial light modulator 140 (figures 2-3).
Regarding claim 9, Lyubarsky ‘980 teaches the system of claim 8. Lyubarsky ‘980 further teaches
wherein the phosphor device 155 is a reflective phosphor device (see para. #’s 39, 76, 80, 88 and claims 7, 9, 14-15 and 17).
Regarding claim 10, Lyubarsky ‘980 teaches the system of claim 9. Lyubarsky ‘980 further teaches projection optics (240, 340) optically coupled to the spatial light modulator 140 (figs. 2-3); wherein the spatial light modulator 140 is configured to produce a light beam having a profile responsive an illumination from the phosphor device 155 (see para. #’s 45 and 51-52); and wherein the projection optics (240, 340) are configured to project the light beam from the spatial light modulator 140 (see para. #’s 45 and 51-52).
Regarding claim 11, Lyubarsky ‘980 teaches a headlight* assembly comprising: a phosphor 155, a phase light modulator 165 arranged to illuminate the phosphor 155 with a modulated beam to stimulate the phosphor to produce an illumination beam comprising an emission from the phosphor 155 and at least a portion of the modulated beam (see para. #’s 17-20, 23-24, 26-27, 29-31, 33-37 and 46-49), and a spatial light modulator 140 arranged to receive the illumination beam from the phosphor 155 and configured to produce a headlight** beam based on the illumination beam (see para. #’s 15, 23, 29, 32, 43, 47-48 and 51-52).
*NOTE: The text in bold in the preamble is not giving any patentable weight When reading the preamble in the context of the entire claim, the recitation ‘headlight’ is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
**NOTE: The recitation ‘headlight’ in the body of the claim is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets claimed ‘headlight’ recitation.
Regarding claim 12, Lyubarsky ‘980 teaches the light assembly of claim 11. Lyubarsky ‘980 further teaches wherein: the phase light modulator 165 is configured to modulate an incident source beam to produce the modulated beam (see para. #’s 17-20, 23-24, 26-27, 29-31, 33-38 and 46-50); the **headlight assembly further includes first relay optics (220, 320, figures 2-3, para. #’s 35-38 and 50) configured to direct the modulated beam towards the phosphor 155; and the phosphor 155 is configured to produce the emission responsive to the modulated beam (see para. #’s 17-20, 23-24, 26-27, 29-31, 33-38 and 46-50).
**NOTE: The recitation ‘headlight’ in the body of the claim is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets the claimed ‘headlight’ recitation.
Regarding claim 13, Lyubarsky ‘980 teaches the light assembly of claim 11. Lyubarsky ‘980 further teaches wherein the **headlight assembly further includes a light source 150 configured to emit the modulated beam (para. #’s 26-49 and 53).
**NOTE: The recitation ‘headlight’ in the body of the claim is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets the claimed ‘headlight’ recitation.
Regarding claim 14, Lyubarsky ‘980 teaches the light assembly of claim 12. Lyubarsky ‘980 further teaches a control system (190, 209, 210, 211, 212) coupled to the spatial light modulator 140 and to the phase light modulator 165 and configured to control the **headlight assembly to shape a profile of the **headlight beam (para. #’s 30-32).
**NOTE: The recitation ‘headlight’ in the body of the claim is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets the claimed ‘headlight’ recitation.
Regarding claim 15, Lyubarsky ‘980 teaches the light assembly of claim 11. Lyubarsky ‘980 further teaches wherein the control system includes a modulation controller (190, 210) coupled to the phase light modulator 165 and configured to control the phase light modulator (para #’s 34, 41 and 84) to produce the modulated beam according to a computer generated hologram to shape the profile of the headlight beam (para #’s 34, 41 and 84).
Regarding claim 16, Lyubarsky ‘980 teaches the light assembly of claim 11. Lyubarsky ‘980 further teaches wherein at least one of the spatial light modulator 140 or the phase light modulator 165 is one of: an electromechanical device comprising an array of mirror elements (see para. #’s 15, 17, 31 and 32); or a liquid crystal display device (see para. #’s 15, 17, 31 and 32).
Regarding claim 17, Lyubarsky ‘980 teaches a *vehicle comprising: a **headlight assembly including a light projector comprising a light source 150 configured to emit a source beam, a phase light modulator 165 configured to modulate the source beam according to a computer generated hologram (para #’s 34, 41 and 84 ) to produce a modulated source beam (see para. #’s 17-37 and 46-50), a phosphor device 155 configured to provide an illumination beam based on the modulated source beam (para. #’s 26-37 and 46-50), and a spatial light modulator 140 configured to project a **headlight beam having a profile responsive to the illumination beam from the phosphor device 155, and a control system 190 coupled to the light projector 150 and configured to control the light projector to shape a profile (para. #’s 30-32 and 46-49) of the **headlight beam; and at least one sensor (see para. # 27, image sensor 193 OR para. # 31, intensity sensor 209) coupled to the control system 190, wherein the control system 190 is configured to control the light projector 150, based on a signal from the at least one sensor (193 or 209), to adjust one or more characteristics (para. #’s 27-32, 46 and 49) of the **headlight beam.
*NOTE: The text in bold in the preamble is not giving any patentable weight. When reading the preamble in the context of the entire claim, the recitation ‘vehicle’ is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
**NOTE: The recitation ‘headlight’ in the body of the claim is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets the claimed ‘headlight’ recitation.
Regarding claim 18, Lyubarsky ‘980 teaches the vehicle of claim 17. Lyubarsky ‘980 further teaches wherein the one or more characteristics of the **headlight beam include one or more of: the profile of the **headlight beam, a brightness of the **headlight beam, or a pointing direction of the **headlight beam (see para. #’s 15, 18-19, 31-32 and 46-49).
**NOTE: The recitation ‘headlight’ in the body of dependent claim 18 is an intended use recitation and given very little patentable weight. The claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the light assembly of Lyubarsky ‘980 is capable of being used as a headlight it meets the claimed ‘headlight’ recitation.
Regarding claim 19, Lyubarsky ‘980 teaches the vehicle of claim 17. Lyubarsky ‘980 further teaches wherein: the light source 150 is a blue laser (para. #’s 23, 26, 57, 61, 88 and 90); the phosphor device 155 comprises a yellow phosphor configured to produce an emission based on stimulation by the modulated source beam (para. #’s 23, 26, 57, 61, 88 and 90); and the illumination beam comprises the emission and at least a portion of the modulated source beam (para. #’s 23, 26, 57, 61, 88 and 90).
Regarding claim 20, Lyubarsky ‘980 teaches the vehicle of claim 17. Lyubarsky ‘980 further teaches wherein the light source comprises: a laser 150; and a controller 190, 209 coupled to the laser 150 and configured to operate the laser according to a pulse width modulation signal (para. # 31) to control an intensity of the source beam (para. # 31).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Madabhushi Balaji ‘093 and Bartlett ‘124 disclose lighting systems comprising PLM and SLM modulators which are similar to applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M SEMBER whose telephone number is (571)272-2381. The examiner can normally be reached flexing generally from 7 a.m. to 5.00 p.m. M-F.
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/THOMAS M SEMBER/Primary Examiner, Art Unit 2875
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