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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “near” in claims 1, 3, 4 and 8 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The locations of the heating elements are not definite as claimed.
The term “around” in claim 5 is a relative term which renders the claim indefinite. The term “around” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The locations of the regions are not definite as claimed.
In claim 2, it is not definite how “the first heating element is provided inside the front pillar” is consistent with the recitation in claim 1 of “a first heating element installed near a front pillar”. It is not definite how the first heating element can be both near the pillar (as recited in claim 1) and in the pillar (as recited in claim 2).
In claim 3, it is not definite what is meant by “the first heating element is provided to the windshield near the front pillar.” It is not definite what is meant by “provided to the windshield”. Also, claim 1 recites “a first heating element installed near a front pillar” such that it is not definite whether or how claim 3 further limits claim 1. While claim 3 does include the recitation of “the first heating element is provided to the windshield”, it is not definite what is meant by “provided to the windshield” and claim 1 recites already recites the windshield such that claim 3 it is not definite whether or how claim 3 further limits claim 1. As best understood, the first heating element being provided to the windshield near the front pillar does not further limit the recitation of “a first heating element installed near a front pillar” of claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
As noted above, claim 1 recites “a first heating element installed near a front pillar” and then claim 3 recites “The snow melting apparatus according to claim 1, wherein the first heating element is provided to the windshield near the front pillar.” As best understood, the first heating element being provided to the windshield near the front pillar does not further limit the recitation of “a first heating element installed near a front pillar” of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20020112305 A1 to Bae (“Bae”) in view of US 20180105140 A1 to Dudar et al. (“Dudar”).
Bae discloses:
Regarding claim 1: a snow melting apparatus comprising:
a wiper system (e.g., system(s) in Fig. 1-4) including
a wiper blade (e.g., wiper blade 12) to wipe a windshield (e.g., Fig. 1-2 and para 27-28),
an angle sensor (e.g., wiping angle detector 16) (e.g., Fig. 1-4 and para 14 and 30-32), and
a motor (e.g., wiper motor) configured to drive the wiper blade to reverse a wipe operation of the wiper blade at a reversal position (e.g., any position can be such position as broadly recited in the claim) based on the angle sensor, such that rotation of the motor when the wiper blade moves to a released position (e.g., any position can be such position as broadly recited in the claim) is reversed to rotation of the motor when the wiper blade moves to a standby position (e.g., any position can be such position as broadly recited in the claim) (e.g., Fig. 1-4 and para 7 and 15);
a first heating element (e.g., a first of heat conductive wires 14) configured to generate heat when energized (e.g., Fig. 1-4 and para 14 and 27-32);
a controller (e.g., controlling element 20) configured to control energization of the first heating element (e.g., Fig. 1-4 and para 14 and 27-32), wherein
the controller is configured to energize the first heating element (e.g., Fig. 1-4 and para 14 and 27-32);
Regarding claim 4: the snow melting apparatus according to claim 1, further comprising:
a second heating element (e.g., a second of heat conductive wires 14) installed near the standby position of the wiper blade and configured to generate heat when energized (e.g., Fig. 1-4 and para 14 and 27-32), wherein
the controller is configured to
control energization of the second heating element (e.g., Fig. 1-4 and para 14 and 27-32) and
energize the second heating element (e.g., Fig. 1-4 and para 14 and 27-32);
Regarding claim 5: the snow melting apparatus according to claim 4, wherein
the controller is configured to energize the first heating element (e.g., Fig. 1-4 and para 14 and 27-32), and
the controller is configured to energize the second heating element (e.g., Fig. 1-4 and para 14 and 27-32);
Regarding claim 6: the snow melting apparatus according to claim 1, wherein
the surface of the windshield based on a region that ranges from a first reference position (e.g., any position can be such position as broadly recited in the claim) to a second reference position (e.g., any position can be such position as broadly recited in the claim) (e.g., Fig. 1-4 and para 14 and 27-32),
the first reference position is distanced from the released position of the wiper blade toward the standby position of the wiper blade (e.g., Fig. 1-4 and para 14 and 27-32), and
the second reference position is distanced from the first reference position toward the standby position of the wiper blade (e.g., Fig. 1-4 and para 14 and 27-32);
Regarding claim 7: the snow melting apparatus according to claim 6, wherein the determiner is configured not to determine whether snow accumulates on the surface of the windshield in a non-determination region between the released position and the first reference position (e.g., Fig. 1-4 and 14-45); and
Regarding claim 8: a snow melting apparatus comprising:
at least one processor (e.g., a processor is inherent for the circuit seen in Fig. 3) configured to
cause a wiper blade to wipe a windshield of a vehicle between a released position (e.g., any position can be such position as broadly recited in the claim) and a standby position (e.g., any position can be such position as broadly recited in the claim) by controlling an output current of a motor to reverse between rotation of the motor when the wiper blade moves to the released position and rotation of the motor when the wiper blade moves to the standby position based on a signal from an angle sensor that is configured to detect a rotational position of the motor (e.g., Fig. 1-4 and 7-45);
determine an operation of at least one of the signal from the angle sensor and the output current of the motor (e.g., Fig. 1-4 and 7-45); and
energize a first heating element installed of the vehicle to generate heat on the surface of the windshield (e.g., Fig. 1-4 and 7-45).
Bae does not explicitly disclose a first heating element installed near a front pillar and a determiner configured to determine whether snow accumulates on a surface of the windshield based on an operation of the wiper system (as recited in claim 1).
However, Dudar discloses:
Regarding claim 1: a snow melting apparatus comprising:
a wiper system (e.g., system(s) in Fig. 1-6) including
a wiper blade (e.g., windshield wiper 12) to wipe a windshield (e.g., Fig. 2 and para 22),
a motor (e.g., wiper motor 14) configured to drive the wiper blade to reverse a wipe operation of the wiper blade at a reversal position (e.g., any position can be such position as broadly recited in the claim), such that rotation of the motor when the wiper blade moves to a released position (e.g., any position can be such position as broadly recited in the claim) is reversed to rotation of the motor when the wiper blade moves to a standby position (e.g., any position can be such position as broadly recited in the claim) (e.g., Fig. 1-6 and para 4 and para 20-32);
a first heating element (e.g., a first of heating elements 32) installed near a front pillar (e.g., pillars 28) and configured to generate heat when energized (e.g., Fig. 3 and 5 and para 23);
a determiner (e.g., a monitoring device such as a freezing precipitation device 36, precipitation sensor 40, camera 44, controller 16) configured to determine whether snow accumulates on a surface of the windshield based on an operation of the wiper system (e.g., Fig. 1-6 and para 4 and para 20-32); and
a controller (e.g., controller 16) configured to control energization of the first heating element (e.g., Fig. 1-6 and para 4 and para 20-32), wherein
the controller is configured to energize the first heating element on determination of the determiner that snow accumulates on the surface of the windshield (e.g., Fig. 1-6 and para 4 and para 20-32);
Regarding claim 2: the snow melting apparatus according to claim 1, wherein the first heating element is provided inside the front pillar (e.g., the particular placement of the first heating element provided inside the front pillar would have been an obvious matter of design choice per MPEP 2144.04 VI. C.);
Regarding claim 3: the snow melting apparatus according to claim 1, wherein the first heating element is provided to the windshield near the front pillar (e.g., Fig. 3 and 5 and para 23);
Regarding claim 4: the snow melting apparatus according to claim 1, further comprising:
a second heating element (e.g., a second of heating elements 32) installed near the standby position of the wiper blade and configured to generate heat when energized (e.g., Fig. 1-6 and para 4 and para 20-32), wherein
the controller is configured to
control energization of the second heating element (e.g., Fig. 1-6 and para 4 and para 20-32) and
energize the second heating element on determination of the determiner that snow accumulates on the surface of the windshield (e.g., Fig. 1-6 and para 4 and para 20-32);
Regarding claim 5: the snow melting apparatus according to claim 4, wherein
the controller is configured to energize the first heating element on determination of the determiner that snow accumulates in a first region around the released position of the wiper blade (e.g., Fig. 1-6 and para 4 and para 20-32), and
the controller is configured to energize the second heating element on determination of the determiner that snow accumulates in a second region around the standby position of the wiper blade (e.g., Fig. 1-6 and para 4 and para 20-32);
Regarding claim 6: the snow melting apparatus according to claim 1, wherein
the determiner is configured to determine whether snow accumulates on the surface of the windshield based on a region that ranges from a first reference position (e.g., any position can be such position as broadly recited in the claim) to a second reference position (e.g., any position can be such position as broadly recited in the claim) (e.g., Fig. 1-6 and para 4 and para 20-32),
the first reference position is distanced from the released position of the wiper blade toward the standby position of the wiper blade (e.g., Fig. 1-6 and para 4 and para 20-32), and
the second reference position is distanced from the first reference position toward the standby position of the wiper blade (e.g., Fig. 1-6 and para 4 and para 20-32);
Regarding claim 7: the snow melting apparatus according to claim 6, wherein the determiner is configured not to determine whether snow accumulates on the surface of the windshield in a non-determination region between the released position and the first reference position (e.g., Fig. 1-6 and para 4 and para 20-32); and
Regarding claim 8: a snow melting apparatus comprising:
at least one processor (e.g., The controller 16 may be a computing device such as a dedicated microprocessor or electronic control unit (ECU) operating in accordance with instructions from appropriate control software. Such a controller 16 may comprise one or more processors, one or more memories and one or more network interfaces all in communication with each other over a communication bus) (e.g., Fig. 1 and para 20) configured to
cause a wiper blade to wipe a windshield of a vehicle between a released position (e.g., any position can be such position as broadly recited in the claim) and a standby position (e.g., any position can be such position as broadly recited in the claim) by controlling an output current of a motor to reverse between rotation of the motor when the wiper blade moves to the released position and rotation of the motor when the wiper blade moves to the standby position based on a signal that is configured to detect a rotational position of the motor (e.g., Fig. 1-6 and para 4 and para 20-32);
determine whether snow accumulates on a surface of the windshield based on an operation of at least one of the signal (e.g., Fig. 1-6 and para 4 and para 20-32); and
energize a first heating element installed near a front pillar of the vehicle to generate heat on determination that snow accumulates on the surface of the windshield (e.g., Fig. 1-6 and para 4 and para 20-32).
It would have been obvious to one of ordinary skill in the art at the time the invention was made (pre-AIA ) or at the time before the effective filing date (post AIA ) to modify Bae as suggested and taught by Dudar in order to minimize ice and snow buildup on a windshield wiper of a motor vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S STAPLETON whose telephone number is (571)270-3492. The examiner can normally be reached Monday-Thursday regular business hours.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EDWARD (NED) LANDRUM can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC S STAPLETON/Primary Examiner, Art Unit 3761 August 21, 2025