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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/17/2025 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 has been amended such that it now requires the limitation “wherein the ventilation port is formed by a gap formed by bonding a part of the window member to the main body portion while a remaining part of the window member is not bonded to the main body portion”.
The specification describes first embodiment (shown in figures 1 and 2) wherein a first ventilation port (80) is formed by a gap formed by bonding a part of the window member (51) to the main body portion (41) while a remaining part of the window member is not bonded to the main body portion and a second embodiment (shown in figure 10) wherein a second ventilation port (80B) formed by a light incident opening (41a) by providing a peelable film (90) over the light incident opening. The specification as originally filed does not teach or describe any embodiment in which the ventilation port is both formed by a gap and by a light incident opening as required by claims 8-10 which depend from claim 1.
As noted above, the specification as originally filed fails to teach embodiment in which the ventilation port is both formed by a gap (as now required by claim 1) and by a light incident opening (as required by claims 8-10 which depend from claim 1). Consequently, the original specification fails to reasonably convey that the inventor(s) had possession of the invention as now claimed at the time of filing. This is a new matter rejection.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Torashima et al. (US Pub. 20050129353, Torashima) in view of Yamada et al. (US Pub. 20160116701, Yamada).
As per claim 1, Torashima teaches (in figures 1A-1B) a mirror unit comprising: a mirror device including a support portion (glass substrate 110) and a movable mirror portion (movable portion 130 and reflecting surface 131) configured to be movable with respect to the support portion; the movable mirror portion includes a movable portion (movable portion 130) and a mirror (reflecting surface 131) provided on the movable portion; and a package (box-shaped member 140) including a light incident opening (opening corresponding to light-transmissive portion 141) that opens on one side in a Z axis direction, a bottom wall (bottom portion of box-shaped member 140) on which the mirror device is disposed, and a side wall (frame portion of box-shaped member 140) formed in a frame shape and surrounding the mirror device when viewed from the Z axis direction, the package accommodating and holding the mirror device such that light incident from the light incident opening is able to be incident on the movable mirror portion, wherein the package is provided with a ventilation port (through-holes 142 and 143) communicating an inside and an outside of the package, and a window member (light-transmissive portion 141) the package includes a main body portion (the frame portion of box-shaped member 140 and bottom portion of box-shaped member 140) including the bottom wall and the side wall, provided with the light incident opening and holding the mirror device, and a window member (light-transmissive portion 141) disposed on the main body portion to cover the light incident opening.
Torashima does not teach that the ventilation port being provided more to the one side in the Z axis direction than the mirror and wherein the ventilation port is formed by a gap formed by bonding a part of the window member to the main body portion while a remaining part of the window member is not bonded to the main body portion wherein when viewed from the Z axis direction, the gap includes an extending part that extends in a first direction along an outer edge of the window member, and wherein when viewed from the Z axis direction, a width of the extending part in the first direction along the outer edge of the window member is larger than a width of the extending part in a second direction perpendicular to the first direction.
However, Yamada teaches (in figures 1A-1C, and 7B) forming a ventilation port (grayed area as shown in annotated figure 7B below comprising connecting sections 4) by providing a gap formed by bonding a part of a window member (cover 16) to a side wall (base 2) (with sealing member 12) while a remaining part of the window member is not bonded to the sidewall wherein when viewed from the Z axis direction, the gap includes an extending part (grayed area as shown in annotated figure 7B below comprising connecting sections 4) that extends in a first direction (vertical direction as shown in figure 7B) along an outer edge of the window member, and wherein when viewed from the Z axis direction, a width (shown as W1 in the annotated figure below) of the extending part in the first direction along the outer edge of the window member is larger than a width (shown as W2 in the annotated figure below) of the extending part in a second direction perpendicular to the first direction in order to provide air circulation between the inside and the outside of the main body portion (paragraph 37).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the ventilation port from Yamada for the ventilation port in Torashima, as the substitution of one known element for another which yields predictable results is obvious. (MPEP2143(1)(B), KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007))
As per claim 2, Torashima in view of Yamada teaches (in figures 1A-1B of Torashima) a part (driving electrode 112 in Torashima) whose position is fixed in the mirror unit.
Torashima in view of Yamada does not specifically teach that a smallest width of the ventilation port in a predetermined direction is smaller than a smallest distance between the movable mirror portion and the part whose position is fixed in the mirror unit.
However, the size of the ventilation port is a result effective variable in that if the size is too small differences in pressure and temperature between the outside and inside will increase and if the size is too large the structural integrity of the package will be compromised and dust will be more likely to accumulate on the reflective surface.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to set the smallest width of the ventilation port in a predetermined direction to be smaller than a smallest distance between the movable mirror portion and the part whose position is fixed in the mirror unit, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (See MPEP § 2144.05 (II) (A) and (B))
As per claim 3, Torashima in view of Yamada does not specifically teach that a smallest width of the ventilation port in a predetermined direction is smaller than a smallest distance between the support portion and the movable portion when viewed in a direction perpendicular to the mirror.
However, the size of the ventilation port is a result effective variable in that if the size is too small differences in pressure and temperature between the outside and inside will increase and if the size is too large the structural integrity of the package will be compromised and dust will be more likely to accumulate on the reflective surface.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to set the smallest width of the ventilation port in a predetermined direction to be smaller than a smallest distance between the support portion and the movable portion when viewed in a direction perpendicular to the mirror, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (See MPEP § 2144.05 (II) (A) and (B))
As per claim 4, Torashima in view of Yamada teaches (in figures 1A-1B of Torashima) a part (driving electrode 112 in Torashima) whose position is fixed in the mirror unit.
Torashima in view of Yamada does not specifically teach that a smallest width of the ventilation port in a predetermined direction is smaller than a smallest distance between the movable mirror portion and the part whose position is fixed in the mirror unit when the movable mirror portion has moved to a farthest position within a movable range with respect to the support portion.
However, the size of the ventilation port is a result effective variable in that if the size is too small differences in pressure and temperature between the outside and inside will increase and if the size is too large the structural integrity of the package will be compromised and dust will be more likely to accumulate on the reflective surface.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to set the smallest width of the ventilation port in a predetermined direction to be smaller than a smallest distance between the movable mirror portion and the part whose position is fixed in the mirror unit when the movable mirror portion has moved to a farthest position within a movable range with respect to the support portion, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. (See MPEP § 2144.05 (II) (A) and (B))
As per claim 5, Torashima in view of Yamada teaches that the ventilation port (grayed area as shown in annotated figure 7B above comprising connecting sections 4 from Yamada) is formed by a gap (connecting sections 4 from Yamada) between the main body portion (the frame portion of box-shaped member 140 in Torashima corresponding to base 2 in Yamada and bottom portion of box-shaped member 140 in Torashima) and the window member (light-transmissive portion 141 in Torashima corresponding to cover 16 in Yamada).
As per claim 6, Torashima in view of Yamada teaches a protrusion portion (upper surface of the frame portion of box-shaped member 140 in Torashima corresponding to base 2 in Yamada) is provided on a top surface of the main body portion (the frame portion of box-shaped member 140 in Torashima corresponding to base 2 in Yamada), wherein the window member (light-transmissive portion 141 in Torashima corresponding to cover 16 in Yamada) is disposed on the top surface so as to be in contact with the protrusion portion (through sealing member 12 from Yamada), and wherein the gap (connecting sections 4 from Yamada) is formed between the top surface and the window member.
Claim(s) 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ichii (US Pub. 20150055204) in view of Asada et al. (EP 1801888, Asada).
As per claim 1, Ichii teaches (in figures 1-3) a mirror unit comprising: a mirror device including a support portion (portion of optical deflector 20 on which first and second frame members rest) and a movable mirror portion (mirror 20c) configured to be movable with respect to the support portion, the movable mirror portion including a movable portion (portion of mirror 20c other than the reflection surface) and a mirror (reflection portion of mirror 20c) provided on the movable portion; and a package (bottom and side walls of package 20a) including a light incident opening (“opening” as shown in figure 1) that opens on one side in a Z axis direction, a bottom wall (bottom of package 20a) on which the mirror device is disposed, and a side wall (side walls of package 20a) formed in a frame shape and surrounding the mirror device when viewed from the Z axis direction, the package accommodating and holding the mirror device such that light incident from the light incident opening is able to be incident on the movable mirror portion and a glass cover (glass cover 20b), the light incident opening being provided more to the one side in the Z axis direction than the mirror wherein the package includes a main body portion including the bottom wall and the side wall, provided with the light incident opening, and holding the mirror device wherein the side wall is formed with a stepped portion (shown as R1 in the annotated figure below), and the side wall portion includes a first portion (portion with width W3 as shown in the annotated figure below) located close to the bottom wall with respect to the stepped portion in the Z axis direction and a second portion (portion with width W4 as shown in the annotated figure below) located opposite to the bottom wall with respect to the stepped portion in the Z axis direction, wherein a thickness of the second portion in a direction perpendicular to the Z axis direction is smaller than a thickness of the first portion in the direction perpendicular to the Z axis direction, and the glass cover (20b) is on a top surface of the second portion opposite to the bottom wall, and wherein the mirror device is apart from the stepped portion and fixed to the bottom wall (see figures 2 and 3).
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Ichii does not teach that wherein the package is provided with a ventilation port communicating an inside and an outside of the package, the ventilation port being provided more to the one side in the Z axis direction than the mirror wherein the ventilation port is formed by the light incident opening and covered with a peelable film adhered to the top surface.
However, Asada teaches (in figure 9) forming a light incident opening (9A) as a ventilation port communicating an inside and an outside of a package by providing a removable film (15) over the light incident opening which can be removed when the device is in use and applied when the device is not in use in order to prevent dust accumulation while allowing optical signals to be input and output without attenuation by the protecting film (paragraphs 77-78).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the glass cover in Ichii with the peelable film from Asada in order to prevent dust accumulation while allowing optical signals to be input and output without attenuation by the protecting film.
As per claim 12, Ichii in view of Asada teaches that in a cross section perpendicular to the mirror, a width of the film (15 from Asada) adhered to the top surface of the second portion (the width of the part of peelable film 15 from Asada which is adhered to the top surface and shown as W4 in the annotated figure above) is smaller than a width of the light incident opening (“opening” as shown in figure 1 of Ichii as modified by Asada).
As per claim 13, Ichii in view of Asada teaches that in a cross section perpendicular to the mirror, a width of the film (15 from Asada) adhered to the top surface of the second portion (the width of the part of peelable film 15 from Asada which is adhered to the top surface and shown as W4 in the annotated figure above) is smaller than a width of the first portion (shown as W3 in the annotated figure above).
As per claim 14, Ichii in view of Asada teaches that the film (15 from Asada) is adhered to the entire top surface of the second portion (see figure 3 figure 9 in Asada)
the package includes a main body portion (side walls and bottom of 20a in Ichii) provided with the light incident opening (“opening” as shown in figure 1 of Ichii as modified by Asada) and holding the mirror device, wherein the ventilation port is formed by the light incident opening, wherein the ventilation port is covered with a peelable film (15 from Asada) adhered to the main body portion, and wherein a width of the film adhered to the main body portion is smaller than a width of the light incident opening (see figure 1 of Ichii).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 and 8-14 have been considered but are moot because the new ground of rejection does not rely on any reference as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-6pm EST.
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/ALEXANDER P GROSS/Primary Examiner, Art Unit 2871