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 .
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 5, 6 and 8 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.
Claim 5 recites for a plate but there is no description for such plate but for a plate shape defined by a bracket (para 0015 on page 5 of the specification) wherein an opening is provided therefrom. Claim 5 also recites for a width of the heating section that is greater than a width of the plate but there is no description for the width of the heating section that can be greater than a plate (assuming the plate is the bracket) as the heating section is enclosed to be within the bracket 21 as illustrated in Figure 3. Clarification is required.
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.
Claim 2 is 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.
Claim 2 recites for “a pair of wall portions” but it should be amended to “the pair of wall portions” for consistent antecedent basis unless there is another pair of wall portions that is separate from that of the pair of wall portions in claim 1 which would render the claim vague since it is not clear what elements would constitute such wall portions. Claim 2 also recites for the pair of wall portions… that “defines the opening from an outside of the opening” but it is unclear what would constitute “an outside of the opening”.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ooji et al (US 2019/0176762).
With respect to claim 1, Ooji discloses the heating device (30) including an opening (shown by an opening of a bracket 12 that corresponds to a field of view of a camera 20; also, see para 0027) located ahead of a light receiver (lens 32) wherein the opening is opened along a direction away from the light receiving portion, a heating section having a sheet form (shown by a heating sheet 18) located on a side opposite to an attachment subject (10; a vehicle windowpane or windshield; para 0004) wherein the heating section at least partially overlaps a part of the opening portion in a width direction where the opening portion opens wherein a width of the heating section is greater than a width of the opening as the heating section expands greater than an opening wherein the light receiver (lens) is located, the opening is defined by a pair of wall portions extending from a bracket (12) wherein at least a portion of the wall portions is between the attachment subject (windowpane 10) and the light receiver (lens) as the bracket is positioned between the windowpane the light receiver of the camera (20), and the wall portions being a part or integral with the bracket. Also, see Figures 1, 2 and 4.
With respect to claim 2, Ooji discloses the pair of wall portions (shown the pair of wall portions of the bracket) that sandwiches the light receiver (lens) in a width direction as the camera is supported by the bracket and defines the opening as shown in Figure 1.
With respect to claim 3, Ooji discloses the heating section including a protection circuit (50) located outside (below) the opening portion in a view opposite to the opening portion relative to the attachment subject. Also, see Figures 9A-9B.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ooji et al (US 2019/0176762) in view of Tokunaga (US 2020/0247330).
Ooji discloses the heating device claimed including a felt member/sheet (14) covering the heating section wherein the felt member prevents incidence of scattering light into the camera lens or absorb the light incident from the outside of the vehicle (para 0032) wherein Ooji further shows the plate shape portion (shown by a trapezoidal shaped) including the felt member (14; also, see Figure 1), but does not explicitly show that the felt member/sheet has a reflection rate that is lower than the heating section.
Tokunaga discloses it is known to provide a reflection suppression sheet (shown by a hood 46) made of black color (para 0046) covering a heating section (58; para 0047; also, see Figure 2) wherein Tokunaga discloses that the reflection suppression sheet inhibits or prevents the reflection of light (para 0046).
In view of Tokunaga, it would have been obvious to one of ordinary skill in the art to adapt Ooji with the felt member that is further made of a black colored sheet that would have a reflection rate lower than that of the heating sheet to predictably suppress or prevent light reflection of light toward the camera lens to prevent potential glares into the camera.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ooji et al (US 2019/0176762) in view of Usami et al (US 2017/0295610).
Ooji discloses the heating device claimed including a lens hood (16) having a main body with a front face facing the attachment subject (windowpane 10) wherein the heating section (18) is attached to the front face of the hood main body as illustrated in Figure 1. But, Ooji does not show the lens hood with engagement projections for engaging with the bracket.
Usami shows a lens hood (39) with a plurality of projections (also, see Figure 5) wherein the lens hood is fitted into a support section (13) of a bracket (12; para 0070-0071; also, see Figures 2 and 3).
In view of Usami, it would have been obvious to one of ordinary skill in the art to adapt Ooji with the lens hood having engagement projections which would predicably allow the lens hood to be more securely engaged and supported by the bracket as Usami discloses that the lens hood shown with the engagement projections is fitted into a support section of a bracket.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is noted that the ground of rejection has bee changed to meet the newly recited claim recitation regarding the opening that is defined by a bracket as recited wherein the claimed opening is shown by Ooji which discloses the opening that is defined by a pair of wall portions extending from the bracket as stated in the ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at 571-272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761