DETAILED ACTION
This is the First Office Action on the Merits and is directed towards claims 1-15 as originally presented and filed on 05/27/2025.
This application is subject to a Double Patent rejection with the parent application as set forth more fully below.
Notice of Pre-AIA or AIA Status
Priority is claimed as set forth below, accordingly the earliest effective filing date is 12/23/2022 (20221223).
The present application, effectively filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
This application is a continuation application of U.S. application no. 18/087,950 PAT filed on 12/23/2022, now U.S. Patent 12,344,272 (“Parent Application”). See MPEP §201.07[R-08.2017]. In accordance with MPEP §609.02 [R-07.2015] Section A. 2 and MPEP §2001.06(b)[R-08.2017] (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) [R-08.2017] (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP §609.02 [R-07.2015] Section A. 2. Finally, Applicants are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Information Disclosure Statement
As required by M.P.E.P. 609 [R-07.2022], Applicant's 05/27/2025 submission(s) of Information Disclosure Statement (IDS)(s) is/are acknowledged by the Examiner and the reference(s) cited therein has/have been considered in the examination of the claim(s) now pending. A copy of the submitted IDS(s) initialed and dated by the Examiner is/are attached to the instant Office action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 U.S. Patent No. 12,344,272 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because as shown by the side by side comparison below. Those claims not cited are rejected for depending from a rejected base claim.
CLAIMS OF INSTANT APPLICATION
CLAIMS OF PARENT APPLICATION US 12344272 B2
1. A system for a dynamic detection threshold for a sensor of an autonomous vehicle, comprising:
a Light Detection and Ranging (LiDAR) system of an autonomous vehicle, the LiDAR system comprising
at least one light emitter configured to emit pulses of light and at least one light detector configured to receive reflected pulses of light and
generate analog output signals based on the reflected pulses of light;
a comparator configured to receive the analog output signals from the light detector and generate digital output signals based on the analog output signals and a threshold;
and a controller configured to:
adjust the threshold;
receive at least one further digital output signal of the digital output signals from the comparator based on the threshold as adjusted,
the at least one further digital output signal comprising a plurality of further digital output signals;
and repeatedly adjust the threshold and receive a respective further digital output signal of the plurality of further digital output signals based on the threshold as adjusted.
12. The system of claim 1, wherein repeatedly adjusting the threshold and receiving the respective further digital output signal of the plurality of further digital output signals based on the threshold as adjusted comprises:
repeatedly adjusting the threshold according to a first linear search within a first range;
and repeatedly adjusting the threshold according to a second linear search within a second range.
1. A system for a dynamic detection threshold for a sensor of an autonomous vehicle, comprising:
a Light Detection and Ranging (LiDAR) system of an autonomous vehicle, the LiDAR system comprising at least one light emitter configured to emit pulses of light and
at least one light detector configured to receive reflected pulses of light and
generate analog output signals based on the reflected pulses of light,
the reflected pulses of light comprising the pulses of light reflected back to the at least one light detector;
a comparator configured to receive the analog output signals from the light detector and generate digital output signals based on the analog output signals and a threshold;
and a controller configured to:
receive a first digital output signal of the digital output signals from the comparator based on the threshold;
adjust the threshold;
receive at least one further digital output signal of the digital output signals from the comparator based on the threshold as adjusted;
and determine at least one aggregation based on the first digital output signal and the at least one further digital output signal, wherein
the at least one further digital output signal comprises a plurality of further digital output signals,
wherein adjusting the threshold and receiving the at least one further digital output signal comprises:
repeatedly adjusting the threshold and receiving a respective further digital output signal of the plurality of further digital output signals based on the threshold as adjusted,
wherein repeatedly adjusting the threshold and receiving a respective further digital output signal of the plurality of further digital output signals based on the threshold as adjusted comprises:
repeatedly adjusting the threshold according to a first linear search within a first range;
and repeatedly adjusting the threshold according to a second linear search within a second range.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art OF SYSTEM, METHOD, AND COMPUTER PROGRAM PRODUCT FOR DYNAMIC DETECTION THRESHOLD FOR LIDAR OF AN AUTONOMOUS VEHICLE at the time of the invention. For example:
US 20170090019 A1 to RAINA M et al. teaches, inter alia teaches inter alia a Method for assisting/performing reflected signal strength measurement in light detection and ranging system located on Earth orbiting satellite vehicle, involves processing data and sample to estimate total reflected energy of light pulse in for example the ABSTRACT, below:
“NOVELTY - The method involves generating a first time data and a second time data with a time-to-digital converter (TDC) in response to an analog signal. The analog signal is integrated with an integrator. An output of the integrator is sampled with an analog-to-digital converter (ADC) at sampling times to generate a digital sample representative of the output of the integrator. The first and second time data and the digital sample are processed to estimate a total reflected energy of reflected light pulse (114).”.
US 20190293769 A1 to Subasingha; Subasingha Shaminda et al. teaches, inter alia ACTIVE SIGNAL DETECTION USING ADAPTIVE IDENTIFICATION OF A NOISE FLOOR in for example the ABSTRACT below:
“A device can accurately discriminate an active pulse from noise by setting a dynamic noise floor that adjusts according to environmental conditions. For example, the device may discriminate, as the active pulse, a light pulse emitted by a light emitter of the system and reflected off an object to a light sensor, from noise such as sunlight glare by determining a dynamic noise floor and identifying, as an active pulse, at least a portion of the received signal that exceeds the dynamic noise floor for a threshold number of samples. The dynamic noise floor may be determined, for example, using a moving average of the received signal and/or shifting or scaling the noise floor based on other properties of the return signal.”.
US 20230375678 A1 to CADUGAN B et al. teaches, inter alia Method for processing signal return in a system that processes photonic return, involves receiving signal return photons reflected by a target illuminated by laser energy at a photodetector of a detector system in for example the ABSTRACT, Figures and/or Paragraphs below:
“NOVELTY - The method involves receiving, at a photodetector of a detector system, signal return photons reflected by a target illuminated by laser energy. The signal return is compared to at least one threshold to determine at least one amplitude and/or Time of Flight (ToF) parameter of the signal return to sort the signal return. At least one parameter of pulses in the signal return that exceeds the threshold is stored in a memory (112), where the parameter includes the time of flight (ToF) and/or the time over threshold (ToT).”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LAWSON GREENE JR whose telephone number is (571)272-6876. The examiner can normally be reached on MON-THUR 7-5:30PM (EST) or via email at DanielL.GreeneJr@USPTO.GOV under the guidance of MPEP Section 502.03 Communications via Internet Electronic Mail (email) [R-07.2022]. The written authorization may be found at https://www.uspto.gov/patents/apply/forms and submitted via EFS-Web, mail, or fax. The Examiner’s Fax number is 571-273-6876.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached on (571) 272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L GREENE/Primary Examiner, Art Unit 3665 20260613
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