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 .
Abstract
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because:
A. The abstract must be as concise as the disclosure permits, preferably not exceeding 150 words in length. Provided abstract is 185 words.
B. The abstract must commence on a separate sheet, preferably following the claims, under the heading "Abstract" or "Abstract of the Disclosure." The sheet or sheets presenting the abstract may not include other parts of the application or other material.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Regarding claim 12, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Examiner’s interpretation: The phrase “comprises a photodetector such as a photodiode” has been interpreted as “comprises a photodetector” for purposes of examination.
Regarding claim 18, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Examiner’s interpretation: The phrase “comprises a light emitting diode (LED) or a laser diode such as a vertical cavity surface emitting laser (VCSEL)” has been interpreted as “comprises a light emitting diode (LED) or a laser diode” for purposes of examination.
Regarding claim 20, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Examiner’s interpretation: The phrase “A projector or an illuminator such as a flood illuminator,” has been interpreted as “A projector or an illuminator” for purposes of examination.
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 1-4, 6-7, 12-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et. al. (US Pub 20200052466), hereinafter referred to as Chen.
Regarding claim 1, Chen teaches an optical emitter arrangement, comprising: a housing (Chen, 951, fig 9) an electrical interconnection member (Chen, 991, fig. 9), an optical emitter device (Chen, 900, fig. 9) mounted on the electrical interconnection member (Chen, Fig. 9), the electrical interconnection member being attached to the housing (Chen, 951, Fig 9), such that the optical emitter device (Chen, 900, Fig 9) is located within the housing (Chen, Fig 9), an optical system (Chen, 952, Fig. 9), including an optical element (Chen, 953, Fig. 9, para. 51 ) for transmit ting light emitted by the optical emitter device (Chen, para. 51), the optical system, being attached to the housing (Chen, Fig. 9) so that the optical element can receive light (Chen, 909, Fig. 9) emitted by the optical emitter device and transmit the received light (Chen, Fig. 9, 958) out of the housing, and the optical system further including a sensed element (Chen, 952, fig. 9, para. 52, the optical component may be uncoated or have a thin film coating designed to provide a desired reflection coefficient, thus 952 has the sensed element built in) and a proximity sensor (Chen, 961, Fig. 9) mounted on the electrical interconnection member for sensing a proximity of the sensed element, wherein the optical system includes an optical substrate (Chen, Fig. 9, 952), wherein the optical substrate is attached to the housing (Chen, Fig. 9,), wherein the sensed element is defined on, or is attached to, the optical substrate wherein the optical element is defined by, or on, the optical substrate (Chen, para. 51-52), and wherein at least part of the optical element is formed or deposited on at least part of the sensed element (Chen, para. 51-52, because the sensed element is part of the optical system, the optical element is formed on it).
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Regarding claim 2, Chen teaches the optical emitter arrangement of claim 1, wherein the proximity sensor (Chen, Fig. 9, 961) is configured to generate a signal which is representative of a non-contact interaction between the proximity sensor (Chen, Fig. 9, 961) and the sensed element (Chen para. 42, the optical component may be uncoated or have a thin film coating designed to provide a desired reflection coefficient,) and the optical emitter arrangement further comprises a controller (Chen, Fig. 9, 996) for controlling the optical emitter device in response to the signal generated by the proximity sensor (Chen, Fig. 9, 961, para. 55).
Regarding claim 3, Chen teaches the optical emitter arrangement of claim 2, wherein the controller (Chen, Fig. 9, 996) is configured to shut off the optical emitter device (Chen, Fig. 9,900), for example by switching off a supply of electrical power and/or a supply of electrical current to the optical emitter device (Chen, Fig. 9, 900), in response to the signal generated by the proximity sensor (Chen, Fig. 9,961, para. 55).
Regarding claim 4, Chen teaches the optical emitter arrangement of claim 2, wherein the controller (Chen, Fig 9, 996) is mounted on the electrical interconnection member (Chen, Fig. 9, 991 para. 57).
Regarding claim 6, Chen teaches the optical emitter arrangement of claim 1 wherein the optical element (Chen, Fig. 9, 953), is monolithically integrated with, or defined by a surface of, the optical substrate (Chen, Fig 9, 952) or the optical element (Chen, Fig. 9, 953) is defined in, or formed from, a material which is formed, or deposited, on the optical substrate (Chen, para. 51).
Regarding claim 7, Chen teaches the optical emitter arrangement of claim 1, wherein the sensed element (Chen, para 52, the optical component may be uncoated or have a thin film coating designed to provide a desired reflection coefficient) is defined in, or formed from, a material which is formed, or deposited, on the optical substrate.
Regarding claim 12, Chen teaches the optical emitter arrangement of claim 1, wherein the proximity sensor (Chem Fig. 9, 961) comprises a photodetector such as a photodiode (Chen, para. 52) and the sensed element is at least partially reflective (Chen, para. 52) and wherein the optical emitter device, the photodetector and the sensed element are arranged so that a portion of the light emitted by the optical emitter device is reflected from the sensed element and detected by the photodetector (Chen, Fig. 9, 909, 958, 965).
Regarding claim 13, Chen teaches the optical emitter arrangement of claim 12, wherein the sensed element comprises, or is formed of, at least partially reflective material (Chen, para.52), wherein one or more apertures are defined in the at least partially reflective material (Chen, Fig 9, 953 has apertures aligned with the optical emitter device) and wherein the one or more apertures are aligned with the optical emitter device.
Regarding claim 14, Chen teaches the optical emitter arrangement of claim 12, wherein the sensed element defines one or more non-contiguous areas of at least partially reflective material (Chen, Fig 9, 952 953). The sensed element is the film on (952, see para. 52), or the surface of (952). The noncontiguous area are brought about by the functioning structure (953).
Regarding claim 15, Chen teaches the optical emitter arrangement of claim 12, wherein the one or more non-contiguous areas of the at least partially reflective material are aligned with the optical emitter device. Chen, Fig 9, shows the functioning structure (953) above the emitter (900) with several apertures present therein. Fig. 9 also shows light (909) partially reflecting from (965) and partially transmitting through (958) the optical structure (952).
Regarding claim 18, Chen teaches the optical emitter arrangement of claim 1, wherein the optical emitter device comprises a light emitting diode (LED) or a laser diode such as a vertical cavity surface emitting laser (VCSEL) diode (Chen, para. 8).
Regarding claim 19, Chen teaches the optical emitter arrangement of claim 1, wherein at least one of: the optical elements comprises an optical diffuser; the optical element is configured to spatially modulate the light emitted by the optical emitter device; the optical element is configured to spatially modulate the amplitude and/or phase of the light emitted by the optical emitter device; the optical element is refractive; the optical element comprises a lens; the optical element comprises a plurality of lenses; the optical element comprises a microlens array; the optical element is diffractive; and the optical element comprises a diffraction grating (Chen: par 12).
Regarding claim 20, Chen teaches projector or an illuminator (Chen para. 8-10) such as a flood illuminator, comprising the optical emitter arrangement of claim 1.
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.
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.
Claims 10-11are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Morgan et. al. (US Pub. 20060022214).
Regarding claim 10, Chen teaches the optical emitter arrangement of claim 1, but does not teach wherein the sensed element comprises, or is formed from, a magnetic material and the proximity sensor comprises a magnetic field sensor.
However, Morgan teaches wherein the sensed element comprises, or is formed from, a magnetic material (Morgan, para. 397) and the proximity sensor comprises a magnetic field sensor (Morgan, para. 397)
Therefore it would have been obvious to a person having ordinary skill in the art before the filing date of the invention to have combined the teachings of Chen with the magnetic switch of Morgan to create the VCSEL device with a magnetic sensor to protect people from being exposed to unsafe illumination.
Regarding claim 11, modified Chen teaches the optical emitter arrangement of claim 10 wherein the proximity sensor comprises a Hall effect sensor (Morgan, para. 397).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Federline (US Pub. 20160290856).
Regarding claim 16, Chen teaches the optical emitter arrangement of claim 1, but does not teach wherein the proximity sensor comprises one or more sensing electrodes and the sensed element comprises one or more sensed electrodes and wherein the one or more sensing electrodes are separated from the one or more sensed electrodes by an electrical insulator and/or a dielectric material so as to define a capacitance therebetween.
However, Fiederling teaches wherein the proximity sensor comprises one or more sensing electrodes (Fiederling 132, Fig 7), and the sensed element comprises one or more sensed electrodes (Fiederling 131, Fig. 7), and wherein the one or more sensing electrodes are separated from the one or more sensed electrodes by an electrical insulator and/or a dielectric material (Fiederling, 120, Fig. 7, para. 165) to define a capacitance therebetween.
Regarding claim 17, modified Chen teaches the optical emitter arrangement of claim 16, wherein the one or more sensing electrodes comprise one or more capacitance sensing cells (Fiederling, para. 165, 172) and the one or more sensed electrodes comprise a floating electrode (Fiederling, 131, Fig. 3 and 7, para. 165-166, Figure 3 lacks terminals 135A/135B shown in Figure 2, therefore in the embodiment of Figures 3 and 7, 131 is a floating electrode).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants’ disclosure:
Ford (US Pub. 20170200575) teaches a method of controlling a light with a Hall-effect sensor or magnetic reed switch.
Johnson, et. al. (US Pub 20190296522) teaches a photodetector circuit that energizes or de-energizes a laser based on the photodiode signal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIERAN M CUNNINGHAM whose telephone number is (571)272-9654. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/KIERAN M. CUNNINGHAM/Examiner, Art Unit 2893
/Britt Hanley/Supervisory Patent Examiner, Art Unit 2893