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 .
Election/Restrictions
Applicant’s election without traverse of claims 16-26 in the reply filed on 03/31/2026 is acknowledged.
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) 16, 18, 19, 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inomata (US Pub. No.: 2005/0184224 A1) (hereinafter Inomata).
Regarding claim 16, Inomata anticipates An apparatus for sensing surroundings of a motor vehicle, comprising: a laser sensing device (Fig. 2; RC 2, 6); a holder (Fig. 2, RC 1a; ¶0017) fixedly connected to the laser sensing device and configured to fix the sensing device to a body of the motor vehicle (¶0029); an outer skin component (Fig. 2; RC 1b ; ¶0019) transmissive to a wavelength of the laser sensing device and/or to laser radiation of every wavelength completely or at least in a sensing area, wherein the holder and the outer skin component each have one end face that faces toward one another (Fig. 3; RC 1f, 1g), and the holder and the outer skin component are fixedly connected to one another at the end faces facing toward one another (¶0019).
Regarding claim 18, Inomata anticipates the fixed connection is formed by at least one molten zone on respective end face in the holder and/or in the outer skin component (¶0018, ¶0019, ¶0028).
Regarding claim 19, Inomata anticipates the at least one molten zone comprises one or more plastic spot welds and/or weld seams (¶0018, ¶0019, ¶0028).
Regarding claim 21, Inomata anticipates the end faces of the holder and the outer skin component are shaped complementary to one another (Fig. 1, Fig. 2).
Regarding claim 22, Inomata anticipates the outer skin component (1f, 1b) is also transmissive to laser radiation in an area of a projection of the end face of the holder in the outer skin component (¶0028).
Regarding claim 23, Inomata anticipates the laser sensing device (6) comprises a housing, which is essentially closed, and the housing is mounted on the holder (1a) of the laser sensing device (Fig. 2).
Regarding claim 24, Inomata anticipates the holder is only connected via the outer skin component to the motor vehicle (¶0016).
Regarding claim 25, Inomata anticipates the laser sensing device is only fastened via the holder on the motor vehicle (¶0016).
Regarding claim 26, Inomata anticipates the laser sensing device is only fastened via the holder on the motor vehicle.
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inomata (US Pub. No.: 2005/0184224 A1) (hereinafter Inomata).
Regarding claim 17, Inomata discloses the fixed connection at the end faces in formed spaced apart around flanges (1f and 1g) (Fig. 3). The examiner acknowledge Inomata discloses rectangular shape as opposed to circular. However, a fixed connection made around a rectangular shape can also be made around circular configuration. 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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inomata as applied to claims 16-19, 21-26 above, and further in view of Matthias Karl (DE 102016210436A1) (hereinafter Karl).
Regarding claim 20, the limitation of claim 16 are taught by Inomata as cited above. Inomata is silent about limitation of claim 20.
Matthias also discloses an apparatus for attaching a holder for a sensor to a fairing for a means of transportation. The holder (1) consist of shaft for receiving the sensor (2), which is typically oriented parallel to the main axis of the sensor, and a mounting bracket or base plate (3) (Fig.3). The benefit of doing so would have been to allow the sensor to be replaced easily without having to destroy the holder and outer skin component.
Given the wealth of knowledge, it would have been obvious to a person of ordinary skill in the art at the time of invention to utilize holder and outer skin component configuration as taught by Karl within the apparatus as taught by Inomata. The benefit of doing so would have been to allow the sensor to be replaced easily without having to destroy the holder and outer skin component.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL I PATEL whose telephone number is (571)270-7660. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at (571) 270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL I PATEL/Primary Examiner, Art Unit 1746
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