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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/11/2025 and 01/142026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
Claims 1-20 have been examined.
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 obviousness-type double patenting rejection is appropriate where the claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of US Patent No. (10712431B1). Although the claims at issue are not identical, they are not patentably distinct from each other because following observation is made:
Instant Application (19252497)
US Patent No. (10712431)
1. A light detection and ranging (LIDAR) system, comprising:
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate a first beam incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam between a first angle and a second angle as the motor rotates the polygon deflector to output a second beam.
1. A light detection and ranging (LIDAR) apparatus, comprising:
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector about a first axis orthogonal to a first plane; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate a first beam incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam in the first plane between a first angle and a second angle as the polygon deflector rotates about the first axis to output a second beam, the polygon deflector has a duty cycle greater than fifty percent, the duty cycle based on a duration that the polygon deflector refracts the first beam relative to a duration that the polygon deflector is rotated.
12. An autonomous vehicle control system comprising
a light detection and ranging (LIDAR) system, the LIDAR system comprising:
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate a first beam incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam between a first angle and a second angle as the motor rotates the polygon deflector to output a second beam.
16. An autonomous vehicle comprising:
a light detection and ranging (LIDAR) apparatus that comprises:
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector about a first axis orthogonal to a first plane; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate a first beam incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam in the first plane between a first angle and a second angle as the polygon deflector rotates about the first axis to output a second beam, the polygon deflector has a duty cycle greater than fifty percent, the duty cycle based on a duration that the polygon deflector refracts the first beam relative to a duration that the polygon deflector is rotated.
20. An autonomous vehicle, comprising:
a light detection and ranging (LIDAR) system, comprising:
a laser source configured to generate a first beam;
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate the first beam as incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam between a first angle and a second angle as the motor rotates the polygon deflector to output a second beam.
16. An autonomous vehicle comprising:
a light detection and ranging (LIDAR) apparatus that comprises:
a polygon deflector comprising a plurality of facets;
a motor rotatably coupled to the polygon deflector, the motor configured to rotate the polygon deflector about a first axis orthogonal to a first plane; and
an optic positioned within an interior of the polygon deflector, the optic configured to collimate a first beam incident on a particular facet of the plurality of facets,
the particular facet of the plurality of facets configured to refract the first beam in the first plane between a first angle and a second angle as the polygon deflector rotates about the first axis to output a second beam, the polygon deflector has a duty cycle greater than fifty percent, the duty cycle based on a duration that the polygon deflector refracts the first beam relative to a duration that the polygon deflector is rotated.
As demonstrated, the independent claims of US Patent No. (10712431) disclose the features of the independent claims of 19252497 while the claims are broader in scope and anticipate the claimed invention in the parent. From this comparison it shows that the present application discloses the similar/same/identical limitations with terminology, both method/system/apparatus claim discloses with broader or same but not narrow means as specially in present claim does not further define the method/system/apparatus while similar/same/identical limitations patented in claim. Thus, it would have been obvious to one of ordinary skill in the art having the claims of 19252497 to modify the claims to achieve the features of claims of US 10712431.
Allowable Subject Matter
Claims 1-20 have would be allowable if rewritten or amended or terminal disclaimer to overcome the rejection(s) under Double Patenting, set forth in this office action.
The following is a statement of reasons for the indication of allowable subject matter:
The reason for indicating allowable subject matter over the prior art of record Cho (US20200049819A1).
Cho discloses an optical scanner has a light source configured to emit light. A steering unit is configured to perform scanning in a first direction based on the light emitted from the light source. The steering unit comprises the multiple first prisms and each of the multiple first prisms comprise an incident facet configured to pass the light emitted from the light source. An output facet is configured to refract and output the light. A polygon mirror is configured to perform scanning in a second direction different than the first direction based on a rotation of the polygon mirror, by using the light output from the steering unit. The polygon mirror comprises the multiple reflective facets, and each of the multiple reflective facets is configured to reflect the light output from the steering unit.
Conclusion
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/SHARDUL D PATEL/Primary Examiner, Art Unit 3664