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 .
DETAILED ACTION
Response to Amendment
The amendment and the request for continuing Examination filed on 11/07/2025 have been entered. Claims 1 and 3-20 remain pending in the application. Claims 1, 4, and 18 have been amended by the Applicant.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 201.04, 210, 214.03, acknowledgement is made of applicant’s claim for priority based on provisional Application US 63266034 , filed 12/27/2021
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claims 1,3-5, 10-12, 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kollar et al. (hereafter Kollar, of record) US 20100027119 A1.
In regard to independent claim 1, Kollar teaches (see Figs. 1-11) an optical module (e.g. system 10 for protecting an emitter/receiver device e.g. camera, radiation source with window, lens, on a vehicle/housing 16, see Abstract, paragraphs [02-10, 34-41, 45-50, 52-61, 64-66, 69-76]), for corresponding to an optical component ( for e.g. optical component emitter or receiver with parts, paragraphs [02-10, 34-41]), and the optical module (10) comprising:
a panel (i.e. engaging surface 22a,b of window, lens, fixed cover of optical component, od optical device 12, paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11); and
a foreign object removal assembly, removing a foreign object that is attached to the panel in a physical way (i.e. as system 10 with e.g. actuator(s) 20 and active material (AM) for removal from 22a,b of e.g. undesirables, such as foreign objects, abrasive particulate matter, mud, ice, snow, water, wax, debris, dirt accumulation and other damaging conditions, e.g. paragraphs [5, 7, 36-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11),
wherein the foreign object removal assembly comprises a vibration module (as actuator 20 of 18 that includes AM, paragraphs [34-40]) and a lever, the lever moves relative to the panel (as leveraging system with 18 with lever arm 70, end of 18, and moving relative to and over and across 22a,b, of 12 by 20 including SMAs 28,44,66 mechanism 56 with levers 58, tube/rods 62,64, 58b, mated 68, that extend and move across and contact surface of portion of 22a,b see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11)
wherein the vibration module is in contact with the panel, so that the panel vibrates (i.e. as 20, 18 on 22a,22b, moves reciprocal/vibrating fashion, as based on piezoelectric materials (both unimorphic and bimorphic), where it is noted that the reciprocal movement is considered vibrational movement, and such vibrational movement due to contact with 22a,22b transferers some vibrations to the panel 22a,22b at least to an extent, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11), and
the panel is disposed between the lever and the vibration module when viewed along a direction parallel to a surface of the panel (e.g. as panel 22a,b of 12 is between 18/70 and actuator 20 with AM, SMAs 28 see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], see specifically Figs. 9-11a,b).
Regarding claim 3, Kollar teaches (see Figs. 1-11) that the vibration module comprises a piezoelectric element (as actuator 20, cover 18 includes AM with piezoelectric materials paragraphs [34-40]).
Regarding claim 4, Kollar teaches (see Figs. 1-11) that the lever is positioned across at least a portion of the panel and in contact with the surface of the panel (as leveraging system with 18,70, end of 18, and moving over and across surface of 22a,b of 12, by actuator 20 including SMAs 28,44,66 mechanism 56 with levers 58, tube/rods 62,64, 58b, mated 68, arm 18/70, that extend and move across and contact surface of portion of 22a,b see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11).
Regarding claim 5, Kollar teaches (see Figs. 1-11) that the lever moves relative to the panel along a direction that is parallel to a width of the lever (i.e. as 18, end 18 moves across 22a,b, parallel to a width of lever, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11).
Regarding claim 10, Kollar teaches (see Figs. 1-11) that there are a plurality of levers (i.e. as plurality in e.g. 18, 70, SMAs 28,44,66 mechanism 56 with levers 58, 58b composites with tube/rods 62,64, also mated levers 68, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11).
Regarding claim 11, Kollar teaches (see Figs. 1-11) that the foreign object removal assembly (10,20) comprises a temperature control component, wherein the temperature control component is in contact with the panel, and the temperature control component increases temperature of the panel (i.e. as SMA 28, 44, 66 is temperature controlled element on or sides of 22a,b, that can increase temperature 22a,b by heating it, see e.g. paragraphs [09, 40, 47-52]).
Regarding claim 12, Kollar teaches (see Figs. 1-11) further comprising a circuit assembly (e.g. activation source 32, connections, controller 42, paragraphs [47-52]), electrically connected to the foreign object removal assembly (i.e. as system 10, 20 with SMAs is connected to 32-42 paragraphs [47-52]), wherein the temperature control component is arranged in the circuit assembly (i.e. as SMA 28,44 is arranged with 32, connections, and 42, paragraphs [47-52]).
Regarding claim 14, Kollar teaches (see Figs. 1-11) that the temperature control component (28,44, 32,42 and connections) comprises a shape memory alloy (i.e. as 28, 44 are SMAs, paragraphs [34-41, 45-61, 64-66, 69-76], as depicted in Figs. 2-11).
Regarding claim 15, Kollar teaches (see Figs. 1-11) that the temperature control component is located at an outside of the panel alloy (i.e. as connections, 32 and 42 are outside of 22a,b, paragraphs [45-52, 64-66], as depicted in Figs. 1-2, as applied to Figs. 3-11).
Regarding claim 16, Kollar teaches (see Figs. 1-11) that a light passing through the panel and entering the optical component, wherein the temperature control component does not block the light (i.e. as connections, 32 and 42 are outside of light engaging surface 22a,b of emitter/receiver 12, see e.g. paragraphs [45-52, 64-66], as depicted in Figs. 1-2).
Regarding claim 17, Kollar teaches (see Figs. 1-11) that an inner space of the optical module is isolated from an outside (i.e. as inner space of 10, 20 e.g. retraction space 26 is inside housing 16, and/or center-high-mounted-stop lamp (CHMSL) 14, see paragraphs [35-39], see Figs. 1-2).
Regarding claim 18, Kollar teaches (see Figs. 1-11) that the foreign object removal assembly (10, 20) comprises (i.e. previously mentioned as 20 has 18 on 22a,22b, moves reciprocal/vibrating fashion, e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11 with leveraging system with 18, end of 18, and moving over and across 22a,b, with 20 including SMAs 28,44,66 mechanism 56 with levers 58, tube/rods 62,64, 58b, mated 68 parts, 18/70, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11), and a temperature control component (i.e. as SMA 28, 44, 66 is temperature controlled element on or sides of 22a,b, that can increase temperature 22a,b by heating it, see e.g. paragraphs [09, 40, 47-52]), wherein the lever is located above the vibration module and the temperature control component (as e.g. levers 58 are above vibration and temperature control i.e. SMA wires 28 with control as 28 are connected to 42, , 32, as depicted in Figs. 1-2, 6), and the vibration module extends below the temperature control component (i.e. as lowermost members 58a extend below SMA 28 that functions as temperature control, see Figs. 6, 1-2, see e.g. paragraphs [09, 34-41, 47-52, 56-58]).
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.
Claims 6, 13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kollar et al. (hereafter Kollar, of record) US 20100027119 A1.
Regarding claim 6, Kollar teaches (see Figs. 1-11) that the width of the lever (i.e. as in each case lever 18, end of 18, including SMAs 28,44,66 mechanism 56 with levers 58, 58b composites with tube/rods 62,64, also mated levers 68, and/or 18/70 have width, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11), and an f-number of the optical component is greater than 5.6 (i.e. as best understood this limitation if a functional property of optical component which is not part of the optical module but is external to the optical module, specifically since claim 1 recites in the preamble that “optical module, for corresponding to an optical component”, therefore the optical component is not part of the optical module device but an object for intended use of the optical module, as it is held that “A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).” Moreover, any functional property such as f-number of an external object to the device such as optical component does not have any structural implications on the optical module. The recitation " f-number of the optical component is greater than 5.6 " is of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. MPEP §2111.04, §2114. The device of system 10 for protecting an emitter/receiver device 12 e.g. camera, radiation source that has window, lens, on a vehicle/housing 16, is fully capable or protecting emitter/receiver device 12 optical component such as camera lens or window or radiation source lens/window that can have such f-number, see, paragraphs [34-36, 56]). But Kollar is silent that the aperture of the optical component is greater than 5.6, and the width of the lever is less than 1 mm.
However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to minimize width/thickness of lever as parts of18, wires 28-66, levers/rods/tubs of Kollar since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, the width or thickness/size of such lever is an art-recognized results effective variable in that the such size influences light through window of the emitter/receiver device as taught by Kollar pars. [49, 56-58-51]. Thus, one would have been motivated to optimize the width/thickness of such lever of Kollar in order to not obstructs the window 22b in the open position allowing functioning beam, radiation or otherwise signal to be transmitted or received by the device 12 (see pars. [49, 56-58-51]), and because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process.” Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because selecting thin lever designs for not obstructing the window of the receiver/emitter device is a routine activity in optical design.
Claims 1 and 6 recite specific use with an optical component with specific f-number, however, this is intended use and the specific f-number has no structural implications on the optical module.
Regarding claim 13, Kollar teaches (see Figs. 1-11) connecting the circuit assembly to the panel (i.e. as activation source 32, connections, controller 42 connected to 22a,c, and through 28 providing heating, see paragraphs [47-52]), but is silent connecting with a thermally conductive adhesive with thermal conductivity that is greater than 0.5 W-m-1-K-1.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use thermal adhesive to connect the thermal circuit with temperature control element to panel using thermally conductive adhesive, in order to provide good heat conduction between the thermal circuit assembly and the panel so that heat energy is generated over a period sufficient to melt the ice, snow (see paragraphs [50-52]), since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice. that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Leshin, 125 USPQ 146. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the thermal conductivity of the thermally conductive adhesive to above range, in order that heat energy is generated over a period sufficient to melt the ice, snow (see paragraphs [50-52]), and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
Regarding claims 19 and 20, Kollar teaches (see Figs. 1-11) a vehicle (16) comprising: a front windshield, a bumper (as vehicle includes front and back windshield and bumper, see Fig. 1, paragraphs [04, 34-35, 42]); and the optical module as claimed in claim 1, and located inside the vehicle (as 10, 12, 20 is arranged on vehicle 16, paragraphs [04, 34-35, 42]). Kollar does not expressly disclose that module (10, 20), is arranged on the front windshield, or regarding claim 20 arranged on the bumper and located outside the vehicle. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the optical module (as system 10 of emitter/receiver 12 with actuators 12) on front windshield, and/or on bumper outside the vehicle cabin (since the emitter receiver 12 can function as object detection device with camera detecting objects in front of the vehicle, and for detecting close objects, arranged lower to the ground i.e. on the bumper, while in both cases enabling the normal functioning i.e. object detection , see paragraphs [4-6, 36, 45]), and since it has been held that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955), and In re Einstein, 8 USPQ 167 (MPEP §2144.04, sec. VI).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kollar et al. (hereafter Kollar) US 20100027119 A1 as evidenced by or in view of Easton US 20220106941 A1 (both of record).
Regarding claim 7, Kollar teaches (see Figs. 1-11) further comprising an insulating adhesive, wherein the two ends of the lever are fixed to a shape memory alloy wire (i.e. as ends of 18 are attached to SMA wire(s) 28, 44, 66, as depicted in Figs. 2-11, e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76]), but is silent about insulating adhesive and fixing via the insulating adhesive. However it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use insulating adhesive for connecting pieces and shape memory alloy components/wires, and the use thereof would have been predictable to one of ordinary skill in the art, as demonstrated by Easton (see paragraphs 05-08). The benefits of these materials/qualities include providing additional strength for connecting SMA wire to support structure and movable component (e.g. Easton see paragraphs 04-08), and since it has been held that the selection of a known material based on its suitability for its intended use is within the skill of one of ordinary skill in the art Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious). MPEP §2144.07.
Regarding claim 8, Kollar teaches (see Figs. 1-11) that the extension or contraction of the shape memory alloy wire is controlled by an electric current, and then the lever is driven to move horizontally relative to the panel (i.e. as 18, end of 18, levers 58, tube/rods 62,64, 58b, mated 68, and/or 18/70 are driven by current and thermal activation SMA 28,44,66 with e.g. source 32, controller 42, see e.g. paragraphs [38-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11).
Regarding claim 9, Kollar teaches (see Figs. 1-11) that the lever comprises a metal (e.g. as composite lever(s) 58b rods/tubs 62,64 include AM as SMA wires 66, e.g. paragraphs [45-50, 52-61,], Figs. 2-7).
Response to Arguments
Applicant's arguments filed in the Remarks dated 11/07/2025 regarding independent claim 1 have been fully considered but they are not persuasive.
Specifically, the Applicant argues on page 6-7 that the cited prior art of Kollar does not disclose amended features of claim 1, namely that (1) “the panel is disposed between the lever and the vibration module when viewed alone a direction parallel to the surface of the panel”, because the system of Kollar the panel (display surface 22a,b) is not disposed between the lever (cover 18) and the vibration module (actuator 20) when viewed along a direction parallel to the surface of the panel (i.e., when viewed along the direction parallel to the surface of the surface 22a), noting the depictions in Figs. 2,4 and 10a. The Examiner respectfully disagrees. With respect to the above issue (1), as noted in the rejection above, the cited prior art of Kollar teaches all limitations of claim 1, as Kollar teaches (see Figs. 1-11) an optical module (e.g. system 10 for protecting an emitter/receiver device e.g. camera, radiation source with window, lens, on a vehicle/housing 16, see Abstract, paragraphs [02-10, 34-41, 45-50, 52-61, 64-66, 69-76]), for corresponding to an optical component ( for e.g. optical component emitter or receiver with parts, paragraphs [02-10, 34-41]), and the optical module (10) comprising:
a panel (i.e. engaging surface 22a,b of window, lens, fixed cover of optical component, od optical device 12, paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11); and
a foreign object removal assembly, removing a foreign object that is attached to the panel in a physical way (i.e. as system 10 with e.g. actuator(s) 20 and active material (AM) for removal from 22a,b of e.g. undesirables, such as foreign objects, abrasive particulate matter, mud, ice, snow, water, wax, debris, dirt accumulation and other damaging conditions, e.g. paragraphs [5, 7, 36-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11),
wherein the foreign object removal assembly comprises a vibration module (as actuator 20 of 18 that includes AM, paragraphs [34-40]) and a lever, the lever moves relative to the panel (as leveraging system with 18 with lever arm 70, end of 18, and moving relative to and over and across 22a,b, of 12 by 20 including SMAs 28,44,66 mechanism 56 with levers 58, tube/rods 62,64, 58b, mated 68, that extend and move across and contact surface of portion of 22a,b see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as depicted in Figs. 2-11)
wherein the vibration module is in contact with the panel, so that the panel vibrates (i.e. as 20, 18 on 22a,22b, moves reciprocal/vibrating fashion, as based on piezoelectric materials (both unimorphic and bimorphic), where it is noted that the reciprocal movement is considered vibrational movement, and such vibrational movement due to contact with 22a,22b transferers some vibrations to the panel 22a,22b at least to an extent, see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], Figs. 2-11), and
the panel is disposed between the lever and the vibration module when viewed along a direction parallel to a surface of the panel (e.g. as panel 22a,b of 12 is between 18/70 and actuator 20 with AM, SMAs 28 see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], see specifically Figs. 9-11a,b).
Specifically, Kollar teaches that the panel is disposed between the lever and the vibration module when viewed along a direction parallel to a surface of the panel, as panel 22a,b of 12 is between 18/70 and actuator 20 with AM, SMAs 28 see e.g. paragraphs [34-41, 45-50, 52-61, 64-66, 69-76], as can be specifically seen in Figs. 9-11a,b. Specifically, examples of Figs. 9, 10 and 11 show this configuration. Applicant argues that in Fig. 10a the panel is not disposed between the lever and the vibration module, however, Fig. 10a is the same example configuration of Fig. 10, where in some of the use the cover has been activated and reconfigured, so as to enter into an open position relative to the surface, but otherwise covers all or at least part of the panel 22a.
Regarding Applicant’s interview dated 10/24/2025, it was noted that the them proposed amendments could overcome the previous rejection of record, but not that the amendments were fully distinguishable over the cited references. In addition, after additional considerations, it was found that the above cited specific configuration examples of Kollar reference do read on the claim amendments. Lastly additional cited prior art of Easton was not used in rejecting independent claim 1.
In response to applicant's argument that the references fail to show certain features of applicant’s invention, it is noted that the features upon which applicant relies (i.e., specific frequency or amplitude of vibrational motion, or present of audible acoustic frequency due to vibrations of the module and the panel) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Specifically the claims do not require any details of the vibrations of the module or the panel, in terms of frequency, amplitude, or resulting motions of the panel with some audible acoustic frequency. In addition the secondary reference of Easton was not relied upon in the teaching of the above limitation noted under issue (1).
No additional substantial arguments were presented in the Remarks dated 07/28/2025 after page 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872