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 .
Drawings
The drawings are objected to because Fig. 3-5 include missing axis labels and illegible text (assumed to be numeric values). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“dTOF” is an undefined acronym in para. [0001];
“VCSEL” is an undefined acronym in para. [0024];
“TDC” is an undefined acronym in para. [0036].
Appropriate correction is required.
Claim Objections
Claims 1, 4, 7 and 15 are objected to because of the following informalities:
In claim 1 line 1, “dTOF-based” should be corrected to say –dTOF (Direct Time‑of‑Flight)-based —.
In claim 4 line 3, “VCSEL laser emitter” should be corrected to say –VCSEL (Vertical‑Cavity Surface‑Emitting Laser) emitter—.
Claim 7 is objected to under 37 CFR 1.75(i) as where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. See MPEP § 608.01(m).
Claim 15 is objected to under 37 CFR 1.75(i) as where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. See MPEP § 608.01(m).
In claim 15 line 3, “mouted on thevehicle” should be corrected to say –mounted on the vehicle—.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“control unit” and “statistics unit” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Affidavit
The declaration under 37 CFR 1.130(a) filed on March 27, 2025 is insufficient to overcome the rejection of claims 1-20 because: The foreign reference CN117783052A does not list any inventor names (please see the reference attached). The declaration states that “it is believed that said publication constitutes an exempt of prior art set forth”. However, it must be established that the subject matter disclosed was obtained directly or indirectly from a common joint inventor. Applicant must clearly identify the applicable exception and provide a factual, evidence‑based explanation showing how the prior art disclosure meets that exception’s statutory requirements. Until proper evidence is provided, the foreign reference CN117783052A does not constitute an exception of prior art set forth under 35 U.S.C. 102.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Otex Technology Singapore Ltd (CN117783052A), hereinafter Otex.
Independent claims:
As to claim 1, Otex teaches a dTOF-based visibility measurement method (Otex claim 1; “A DTOF-based visibility measurement method”), comprising:
controlling an optical emitter to emit light pulses (Otex claim 1; “Control the light emitter to emit light pulses”);
receiving, by an optical receiver, backscattered light pulses after the emitted light pulses are scattered, and converting the backscattered light pulses into electrical signals (Otex claim 1; “Receive the backscattered light pulses after scattering of the emitted light pulses through an optical receiver, and convert the backscattered light pulses into electrical signals”);
calculating time intervals of the electrical signals and converting the time intervals into timestamps (Otex claim 1; “Calculate the time interval of the electrical signal and convert the time interval into a timestamp”);
counting photons corresponding to the timestamps (Otex claim 1; “counting photons corresponding to the timestamp based on the timestamp”);
acquiring a photon count at specific timestamps, the specific timestamps consisting of a set of a plurality of timestamps that are continuous in time, the photon count at the specific timestamps configured to present fluctuations in the backscattered light pulses resulting from particulate matter in the air, the backscattered light pulses from particulate matter in the air being the backscattered light pulses formed by the emitted light pulses being scattered by particulate matter in the air (Otex claim 1; “Obtain the count of photons at a specific timestamp, which is composed only of a set of multiple timestamps that are consecutive in time. The photon count at the specific timestamp is used to reflect the backscattered light of particles in the air. The change of the pulse, the particle backscattered light pulse in the air is the backscattered light pulse formed by the emitted light pulse being scattered by the particles in the air”);
and calculating current visibility based on the photon count at the specific timestamps and a predetermined visibility mapping relationship, the predetermined visibility mapping relationship being a correspondence between the photon count at the specific timestamps and the visibility, one visibility corresponding to one count value or a count range value (Otex claim 1; “The current visibility is calculated based on the photon count on the specific timestamp and the preset visibility mapping relationship. The preset visibility mapping relationship is the correspondence between the photon count on the specific timestamp and the visibility. One visibility corresponds to one count value. Or count range value”).
As to claim 7, Otex teaches a dTOF-based visibility sensor (Otex claim 7; “A DTOF-based visibility sensor, characterized in that the DTOF-based visibility sensor”), comprising:
an optical transceiver device, comprising an optical emitter and an optical receiver, the optical emitter emitting light pulses (Otex claim 7; “An optical transceiver device includes an optical transmitter and an optical receiver. The optical transmitter emits a transmitted light pulse”);
the optical receiver receiving backscattered light pulses after the emitted light pulses are scattered, and converting the backscattered light pulses into electrical signals (Otex claim 7; “the optical receiver receives a backscattered light pulse after scattering of the transmitted light pulse, and transmits the backscattered light pulse. Convert scattered light pulses into electrical signals”);
a time-to-digital conversion device, configured to calculate time intervals of the electrical signals and converting the time intervals into timestamps (Otex claim 7; “A time-to-digital conversion device for calculating the time interval of the electrical signal and converting the time interval into a timestamp”);
a counting device, configured to count the photons corresponding to the timestamps based on the timestamps (Otex claim 7; “Counting means for counting photons corresponding to the timestamp based on the timestamp”);
and a signal processing device, comprising: a control unit, configured to control the operation of the optical transceiver device, the time-to-digital conversion device, and the counting device (Otex claim 7; “The signal processing device includes a control unit for controlling the operation of the optical transceiver, the time-to-digital conversion device, and the counting device”);
a statistics unit, configured to acquire a photon count at a specific timestamps (Otex claim 7; “A counting unit for obtaining the photon count at a specific timestamp”);
and a calculation unit, configured to calculate current visibility based on the photon count at the specific timestamps and a predetermined visibility mapping relationship, the predetermined visibility mapping relationship the predetermined visibility mapping relationship being a correspondence between the photon count at the specific timestamps and the visibility, one visibility corresponding to one count value or a count range value; the specific timestamps consisting of a set of a plurality of timestamps that are continuous in time, the photon count at the specific timestamps configured to present fluctuations in the backscattered light pulses resulting from particulate matter in the air, the backscattered light pulses from particulate matter in the air being the backscattered light pulses formed by the emitted light pulses being scattered by particulate matter in the air (Otex claim 7; “A calculation unit, used to calculate the current visibility according to the photon count at the specific timestamp and the preset visibility mapping relationship, wherein the preset visibility mapping relationship is the correspondence between the photon count at the specific timestamp and the visibility, and one visibility corresponds to a count value or a count range value; the specific timestamp is composed of only a group of multiple timestamps that are continuous in time, and the photon count at the specific timestamp is used to reflect the change of the backscattered light pulse of the particles in the air, and the backscattered light pulse of the particles in the air is the backscattered light pulse formed by the emission light pulse being scattered by the particles in the air”).
As to claim 15, Otex teaches a vehicle (Otex fig. 8; p. 11 ln. 58-59; the vehicle 100), wherein the vehicle comprises:
a vehicle body (Otex fig. 8; p. 11 ln. 58-59; vehicle body 101);
a dTOF-based visibility sensor, mounted on the vehicle body (Otex fig. 8; p. 11 ln. 59- p. 12 ln. 2; the DTOF-based visibility sensor 99 is mounted on the vehicle body 101), the dTOF-based visibility sensor comprising:
an optical transceiver device, comprising an optical emitter, and an optical receiver (Otex p. 7 ln. 6-12; the DTOF-based visibility sensor 99 comprises an optical transceiver device 1, which includes an optical transmitter 11 and an optical receiver 12);
a time-to-digital conversion device (Otex p. 7 ln. 6-11; time-to-digital conversion device 3);
a counting device (Otex p. 7 ln. 6-11; counting device 4);
and a signal processing device (Otex p. 7 ln. 6-11; signal processing device 5), comprising:
a memory for storing computer-executable programs (Otex p. 11 ln. 24-26; The signal processing means 5 comprise a memory 501 storing computer program instructions);
and a processor for executing the computer-executable programs to implement a dTOF-based visibility measurement method, the dTOF-based visibility measurement method (Otex p. 11 ln. 24-26; “The signal processing means 5 comprise a memory 501 and a processor 502. Wherein the processor 502 is arranged to execute computer program instructions in the memory 501 for implementing a DTOF based visibility measuring method”), comprising:
controlling an optical emitter to emit light pulses (Otex claim 1; “Control the light emitter to emit light pulses”);
receiving, by an optical receiver, backscattered light pulses after the emitted light pulses are scattered, and converting the backscattered light pulses into electrical signals (Otex claim 1; “Receive the backscattered light pulses after scattering of the emitted light pulses through an optical receiver, and convert the backscattered light pulses into electrical signals”);
calculating time intervals of the electrical signals and converting the time intervals into timestamps (Otex claim 1; “Calculate the time interval of the electrical signal and convert the time interval into a timestamp”);
counting photons corresponding to the timestamps (Otex claim 1; “counting photons corresponding to the timestamp based on the timestamp”);
acquiring a photon count at specific timestamps, the specific timestamps consisting of a set of a plurality of timestamps that are continuous in time, the photon count at the specific timestamps configured to present fluctuations in the backscattered light pulses resulting from particulate matter in the air, the backscattered light pulses from particulate matter in the air being the backscattered light pulses formed by the emitted light pulses being scattered by particulate matter in the air (Otex claim 1; “Obtain the count of photons at a specific timestamp, which is composed only of a set of multiple timestamps that are consecutive in time. The photon count at the specific timestamp is used to reflect the backscattered light of particles in the air. The change of the pulse, the particle backscattered light pulse in the air is the backscattered light pulse formed by the emitted light pulse being scattered by the particles in the air”);
and calculating current visibility based on the photon count at the specific timestamps and a predetermined visibility mapping relationship, the predetermined visibility mapping relationship being a correspondence between the photon count at the specific timestamps and the visibility, one visibility corresponding to one count value or a count range value (Otex claim 1; “The current visibility is calculated based on the photon count on the specific timestamp and the preset visibility mapping relationship. The preset visibility mapping relationship is the correspondence between the photon count on the specific timestamp and the visibility. One visibility corresponds to one count value. Or count range value”).
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Otex Fig. 8
Dependent claims:
As to claims 2, 8 and 16, Otex teaches wherein the plurality of timestamps are arranged in chronological order, the specific timestamps refers to the plurality of timestamps within a predetermined time, the predetermined time starts from the earliest timestamps (Otex claim 2; “wherein the multiple timestamps are arranged in chronological order, the specific timestamps are multiple timestamps within a preset time, and the preset time starts from the earliest timestamp”).
As to claims 3, 9 and 17, Otex teaches wherein among all timestamps, the timestamps of the first peak and timestamps before the timestamps of the first peak are defined as the specific timestamps, the timestamps of the first peak refers to the timestamps at which the photon count first reaches a peak among all the timestamps (Otex claim 3; “wherein among all timestamps, the timestamp of the first peak and the timestamp before the timestamp of the first peak are specific timestamps, The timestamp of the first peak is the timestamp in which the photon count peak occurs for the first time among all timestamps”).
As to claims 4, 10-12 and 18, Otex teaches wherein predetermined visibility mapping relationship is a relationship between the sum of all counts at the specific timestamps and visibility; the optical emitter is a VCSEL laser emitter, the optical receiver is a single-photon avalanche diode, and the particulate matter in the air is fog (Otex claim 4; “wherein the preset visibility relationship is the relationship between the sum of all counts of the specific timestamp and visibility; the light emitter is a VCSEL A laser transmitter, the light receiver is a single photon avalanche diode, and the particles in the air are fog”).
As to claims 5, 13 and 19, Otex teaches wherein counting photons corresponding to the timestamps specifically comprises: only counting photons at the specific timestamps (Otex claim 5; “wherein counting photons corresponding to the timestamp based on the timestamp specifically includes: counting only photons on a specific timestamp”).
As to claims 6, 14 and 20, Otex teaches wherein counting photons corresponding to the timestamps further comprises: using a histogram to count photons corresponding to the timestamps (Otex claim 6; “wherein counting the photons corresponding to the timestamp based on the timestamp further comprises: counting the photons corresponding to the timestamp based on the timestamp using a histogram”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kemaya Nguyen whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 11 am – 8 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
