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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the primary optics and non-triangulating optical arrangement must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-20 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.
Regarding claim 1, the portion of the primary photosensor that varies, as discussed in lines 7-8, is not shown or discussed in the disclosure sufficiently to convey understanding of the invention to one skilled in the relevant art.
Regarding claims 1, 14, and 20, the non-triangulating optical arrangement of the secondary optics is not shown or discussed in the disclosure sufficiently to convey understanding of the invention to one skilled in the relevant art.
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 1-20 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.
Claim 1 recites the limitation "that portion" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 1, the portion of the primary photosensor that varies is not shown or discussed in the disclosure. This creates confusion as to the scope of the claim.
Regarding claims 1, 14, and 20, the non-triangulating optical arrangement of the secondary optics, as discussed in line 10, in not shown or discussed in the disclosure. This creates confusion as to the scope of the claim.
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 1-2, 5-6, 9-15, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Becker et al. (US 2016/0146938), hereinafter Becker.
In re. claim 1, Becker teaches a proximity sensor comprising: a triangulating optical arrangement including an illumination source (120) (fig. 1), a primary photosensor (180) spaced apart from the illumination source (fig. 1), and corresponding primary optics (550) (fig. 5) arranged to direct light from the illumination source to a target area such that light from the illumination source reflected from an object at the target area is monitored by the primary photosensor and received at a portion of the primary photosensor (para [0030]), wherein that portion of the primary photosensor varies based on the distance between the proximity sensor and the object (light detected by various photodetectors (270) of far zone sensor) (para [0027]) (fig. 2), and wherein the triangulating optical arrangement has a primary working range above a minimum distance (beyond near object) (fig. 1) and a blind zone below the minimum distance (near object and transmissive medium distance) (fig. 1); a non-triangulating optical arrangement including a secondary photosensor (170) and corresponding secondary optics ((fig. 6) and lens can be employed on near zone sensor (520)) (fig. 5) (para [0030]) directed at the target area such that the light from the illumination source reflected from the object in at least a portion of the target area is monitored by the secondary photosensor (light detected by various photodetectors (260) of near zone sensor) (para [0027]) (fig. 2), wherein the non-triangulating optical arrangement has a secondary working range that includes at least a portion of the blind zone (para [0034]) (fig. 1).
In re. claims 2 and 15, Becker teaches a controller circuitry (190) interfaced with the illumination source and with the first and the second photosensors, the controller circuitry operative to: read distance measurement information as measured by the primary photosensor (para [0019]), the distance measurement information corresponding to the target area monitored by the photosensor (para [0019]); read a detection measurement made by the secondary photosensor (para [0019]); computationally determine any presence of at least a portion of an object within the primary working range in the target area (via processed output of converter), wherein the determination of the presence within the primary working range is based on the distance measurement information (output from sensors); in an absence of any portion of an object within the primary working range in the target area, computationally determine any presence of at least a portion of an object within the secondary working range, wherein the determination of the presence within the secondary working range is based on the detection measurement (compare outputs from sensors 170 and 180) (para [0019]).
In re. claims 5 and 19, Becker teaches the secondary working range includes the entire blind zone (para [0034]).
In re. claim 6, Becker teaches the proximity sensor of claim 1, wherein the secondary optics include a light guide (lens for near zone sensor) (para [0030]).
In re. claim 9, Becker teaches the proximity sensor of claim 1, wherein the primary photosensor is spaced apart from the illumination source by a spacing distance, and wherein the secondary photosensor is situated within the spacing distance (fig. 3).
In re. claim 10, Becker teaches the proximity sensor of claim 1, wherein the primary photosensor comprises a set of position-sensitive photoelectric elements, and wherein the secondary photosensor is a non-position-sensitive photosensor (example where only multiple photodetectors (270) are used) (para [0027]).
In re. claim 11, Becker teaches the proximity sensor of claim 1, wherein the primary optics comprise an illumination lens aligned with the illumination source, and a receiving lens aligned with the primary photosensor (fig. 5).
In re. claim 12, Becker teaches the proximity sensor of claim 1, wherein the primary optics are integrally formed with the secondary optics (integral to substrate) (para [0018]).
In re. claim 13, Becker teaches the proximity sensor of claim 1, wherein the illumination source, the primary photosensor, and the secondary photosensor are assembled as a unitary module (unitary to substrate) (para [0018]).
In re. claim 14, Becker teaches a method for operating a proximity sensor, the method comprising: directing light, by a triangulating optical arrangement, from an illumination source (120) (fig. 1) to a target area such that light from the illumination source is reflected from an object at the target area (fig. 1); monitoring the target area by a primary photosensor (180) that is spaced apart from the illumination source (fig. 3), wherein the primary photosensor has a primary working range above a minimum distance and a blind zone below the minimum distance (para [0034]); and monitoring the target area by a non-triangulating optical arrangement including a secondary photosensor (170) and corresponding secondary optics (lens for near zone sensor not shown) (para [0030]) directed at the target area such that the light from the illumination source reflected from the object in at least a portion of the blind zone area is monitored by the secondary photosensor (fig. 1).
In re. claim 20, Becker teaches a proximity sensor, comprising: means for directing light from an illumination source (120) (fig. 1) to a target area such that light from the illumination source is reflected from an object at the target area (fig. 1); means for monitoring the target area by a primary photosensor (180) that is spaced apart from the illumination source (fig. 3), wherein the primary photosensor has a primary working range above a minimum distance and a blind zone below the minimum distance (para [0034]); and means for monitoring the target area by a secondary photosensor (170) arranged such that the light from the illumination source reflected from the object in at least a portion of the blind zone area is monitored by the secondary photosensor (fig. 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.
Claims 3-4 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Becker as applied to claims 2 and 15 respectively above and further in view of Yeruhami et al. (US 2020/0249351), hereinafter Yeruhami.
In re. claims 3 and 16, Becker fails to disclose the controller circuitry is further operative to: computationally determine any presence of an obstruction of the proximity sensor based on the detection measurement.
Yeruhami teaches a controller circuitry is further operative to: computationally determine any presence of an obstruction of the proximity sensor based on the detection measurement (para [0268]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Becker to incorporate the teachings of Yeruhami to determine any presence of an obstruction, for the purpose of preventing degradation of system performance.
In re. claims 4 and 17, Becker teaches the controller circuitry is further operative to receive distance measurement information (predetermined distance) and a detection measurement (presence) (para [0019]).
Becker fails to disclose computationally determine a property of the object based on the measurements.
Yeruhami teaches wherein the controller circuitry is further operative to computationally determine a property of the object based on a distance measurement information and a detection measurement (aspects of object 208, such as shape, color, material, etc. may also be determined) (para [0149]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Becker to incorporate the teachings of Yeruhami to determine a property of the object, for the purpose of providing additional information of the environment to the system to improve control of the sensor.
Claims 7-8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Becker as applied to claims 6 and 14 respectively above and further in view of Hwangbo et al. (US 2020/0225331), hereinafter Hwangbo.
In re. claims 7 and 18, Becker fails to disclose the light guide comprises a light pipe.
Hwangbo teaches the light guide comprises a light pipe (cylinder of photodetector (120) in figure 5) (para [0082]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Becker to incorporate the teachings of Hwangbo to have the light guide comprises a light pipe, for the predictable result of providing a means of supporting the lens above the sensor.
In re. claim 8, Becker fails to disclose the light guide comprises an entry surface having an angled surface oriented at a predefined inclination to the optical axis.
Hwangbo teaches the light guide comprises an entry surface (143) having an angled surface oriented at a predefined inclination to the optical axis (figure 5).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art at the time the invention was filed to have modified Becker to incorporate the teachings of Hwangbo to have the recited angled surface, for the purpose of directing light received at an angle to a desired location on the sensor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher D. Hutchens whose telephone number is (571)270-5535. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.D.H./
Primary Examiner
Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647