DETAILED ACTION
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.
Claims 1-3, 7, 9, 10, 11 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.
Claims 1-3, 7, 9, 10, 11 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a horizontal section of the lens being substantially inclined with respect to an optical device, does not reasonably provide enablement for a transverse section of the lens being substantially inclined. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or operate the invention commensurate in scope with these claims. Specifically, inclining the vertical axis is not enabled and would not perform the functions of claim 1. As written, the claim is broader than and covers embodiments that the disclosure does not set forth.
Claims 1-3, 7, 9, 10, 11 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 1 recites “a transverse section of the lens being substantially inclined with respect to an optical axis of said lighting device and with respect to the at least one light module such that a horizontal focal point of the lens is coaxial with a vertical focal point of the lens along the optical axis of said lighting device… the vertical focal point being positioned behind an associated light module.”
The disclosure sets forth only lenses that are symmetrical in the horizontal and vertical cross section. Although they may be astigmatic, as argued, the lens has symmetry in the respective cross sections. Therefore the optical axis by definition is located at the center, the dividing point of symmetry, and the focal point is arranged on the optical axis. When the lens is inclined with respect to an optical axis of said lighting device, the focal points will be displaced with respect to the light modules and cannot be positioned behind an associated light module (in light of the disclosure, i.e. directly behind an associated light module) and cannot be located in the vicinity of the rear edge as recited in claim 2.
Applicant argues that certain lens can perform the function. No such lenses are disclosed, and therefore the disclosure is not enabling for the claims.
Applicant has argued, that the lens may be astigmatic, which is shown in the figures. An astigmatic lens may have focal points at different locations in the horizontal and vertical planes, however said focal points are still located on the optical axis.
Examiner has included annotated figures from the application to indicate that the arrangement set forth is not possible. Figure 1 shows a horizontal focal point (31.2) that is off the horizontal axis. The focal point is on the optical axis by definition.
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Claims 2, 3, 7, 9, 10 rejected for their dependence on claim 1.
Claim 7 further recites that the horizontal focal point of the lens is aligned with a vertical focal point in an overall direction of emission. It is unclear if “a vertical focal point” is the vertical focal point of the lens previously set forth. The Examiner has interpreted that it is, and that this arrangement is not possible as the optical lens is tilted with respect to the overall direction of emission.
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.
Claim(s) 1, 3, 7, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okubo (U.S. 2017/0146209) in view Kim (U.S. 11,313,528, published 7/4/2019 as US 2019/0203897, references made to the patent).
Regarding claim 1, Okubo teaches a motor vehicle lighting device for lighting the road, comprising (system for vehicle, see fig. 1-14):
at least one light module (see fig. 14, two light modules), with each light module including a light source (light emitting surface 22) capable of emitting a light beam,
each light module associated with a collector with a reflective surface (reflection surface 30s) configured to collect and reflect the light beam emitted by each respective light source into a reflected beam;
a lens (lens 4) configured to project the reflected light beam from each collector of each of the light module, where each collector is positioned in such a way that collected light is mutually directed toward the lens (see fig. 13);
the lens being configured to form on a road an image of the reflective surface of each collector of each of the light module (see p. 0061, projects image);
a transverse section axis of the lens (see fig. 13) being substantially inclined (theta 3 in figure 13, inclined with respect to optical axis) with respect to an optical axis of the lighting device and with respect to the at least one light module such that a horizontal focal point of the lens is coaxial with a vertical focal point of the lens along the optical axis of said lighting device;
the lens including a horizontal focal point and a vertical focal point, with the horizontal focal point being offset with respect to the vertical focal point along the optical axis of said device(must be either aligned or offset); and
the vertical focal point being positioned behind an associated light module (see fig. 2, lens 4S is a plano-convex lens with a very far focal length as indicated in figure 2).
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As shown, Okubo teaches that the emitted light is collimated (L2S), therefore the focal point can be found by extending the light rays of the input light. Furthermore, as a relatively flat plano-convex lens, the lens has a very long focal point and the input light is only mostly collimated as the light source is placed close to the focal length of the reflection surface.
Okubo does not teach that the lens includes a horizontal focal point and a vertical focal point, with the horizontal focal point being offset with respect to the vertical focal point.
Kim teaches that the lens includes a horizontal focal point and a vertical focal point, with the horizontal focal point being offset with respect to the vertical focal point (see col. 12 lines 37-55, see equation of horizontal and vertical curvature).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used offset horizontal and vertical focal points as taught by Kim to result in different levels of distortion in the horizontal and vertical direction in Okubo, thereby enabling a larger distortion in the horizontal direction to enable more overlapping and a larger spread of the light beam, as required by federal standards, see Kim col. 5 lines 45-col. 6 line 23.
The Examiner notes that offset vertical and horizontal focal points is particularly well known in the art of vehicle lighting as both low and high beam light distributions require a large horizontal spread and a relatively narrow vertical spread.
It is unclear if Okubo teaches that the collectors are in contact with one another. The Examiner takes official notice that it would be obvious to form a contact boundary between the collectors of Okubo to prevent undesired light leakage and to form a unified structure that is more secure.
Regarding the integration of the inner plate shaped element into one piece, the claimed limitation of a structure into integral pieces does not render the claimed invention nonobvious over the prior art if the use of an integral structure would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). Such an obviousness rejection may be overcome if there is insight contrary to the understandings and expectation of the prior art, Schenck v. Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983).
Regarding claim 3, Okubo teaches that the at least one light module includes two light modules with the two light modules referred to as end light modules, each located at one end of the lighting device in the substantially horizontal direction, and wherein the distance between the rear edges of the collectors of the end light modules is less than a predetermined threshold (see fig. 14).
Regarding claim 7, Okubo teaches that that the lens is configured to project the light beams reflected by the collector in an overall direction of projection
Kim teaches the horizontal focal point of the lens is aligned with the vertical focal point in this overall direction of emission (see fig. 1, different effective focal length, both arranged on optical axis, see col. 7-8).
Regarding claim 9, Kim teaches that that the horizontal focal point of the lens is located downstream of the lens (see fig. 1, Y-X plane has a biconcave lens with a positive focal point downstream the lens, any biconcave lens has two focal points, one on each side of the lens).
Claim(s) 2, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okubo in view of Kim, further in view of De Lamerterie (U.S. 9,134,000).
Regarding claim 2, Okubo and Kim does not teach that the collector of each of the at least one light module has a rear edge and wherein the vertical focal point of the lens is located in the vicinity of the rear edge of the collector such that the image of the collector formed by the lens has an upper cut-off formed by the rear edge of the collector.
De Lamberterie teaches that the collector of each of the at least one light module has a rear edge and wherein the vertical focal point of the lens is located in the vicinity of the rear edge of the collector such that the image of the collector formed by the lens has an upper cut-off formed by the rear edge of the collector (see fig. 1, light rays that strike the lower edge of the reflector form the upper most of the light projection before shield 120).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used an elliptical reflector with the light source at the focal point of the reflector as taught by De Lamberterie to optimize the amount of light being received by the lens of Okubo, as is well known in the art. The use of this form of a reflector by De Lamberterie results in the rear edge of the reflector being imaged as the top of the low beam cutoff, as is well known in the art. It is obvious to optimize the focal point of the lens to be the rear edge of the reflector to from a clear cutoff.
The Examiner finds that using a lens with a focal point on the rear edge of the reflector is known in the art to image the rear of the reflector properly. The adjustment of the light source, reflector, and lens to form this ideal projection without a shield is a result effective variable that involves routine skill in the art. I.e. each of the optical components are well known, predictable structures in the art of optics and the specific arrangement of them is an obvious optimization to form a specific cutoff, which is also well known.
It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 10, the combination of Okubo and De Lamberterie teaches that the rear edges of the collectors together define a cut off of the light beam formed by said device (see fig. 1 of De Lamberterie), the lens horizontally spreading beams coming from each collector such that each collector beam together is configured to homogenously form the light beam (uniform emission see col. 2 lines 19-26 of De Lamberterie).
Regarding claim 11, Okubo teaches a motor vehicle lighting device for lighting the road, comprising (system for vehicle, see fig. 1-14):
at least two light modules (see fig. 14, two light modules), each light module including a light source (light emitting surface 22) capable of emitting a light beam
each light module associated with a collector with a reflective surface (reflection surface 30s) configured to collect and reflect the light beam emitted by a combination of light sources;
a lens (lens 4) configured to reflect the light by each collector of each of the light module, where each collector is positioned in such a way that collected light is mutually directed toward the lens (see fig. 13);
the lens being configured to form on a road an image of the reflective surface of each collector of each of the light module (see p. 0061, projects image);
a vertical section axis of the lens being substantially inclined with respect to an optical axis of said lighting device and with respect to at least one of the two light modules such that a horizontal focal point of the lens is coaxial with a vertical focal point of the lens along the optical axis of said lighting device (see fig. 13);
the lens substantially inclined with respect to at least one of the two light module(s) (horizontally inclined).
Okubo does not teach that the lens is astigmatic and has a horizontal focal point and a vertical focal point with the horizontal focal point being offset with respect to the vertical focal point; the vertical focal point being positioned behind an associated light module.
Kim teaches that the lens is astigmatic (see fig. 1, different curvatures in different profiles) and has a horizontal focal point and a vertical focal point with the horizontal focal point being offset with respect to the vertical focal point (see col. 12).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used offset horizontal and vertical focal points as taught by Kim to result in different levels of distortion in the horizontal and vertical direction in Okubo, thereby enabling a larger distortion in the horizontal direction to enable more overlapping and a larger spread of the light beam, as required by federal standards, see Kim col. 5 lines 45-col. 6 line 23.
The Examiner notes that offset vertical and horizontal focal points is particularly well known in the art of vehicle lighting as both low and high beam light distributions require a large horizontal spread and a relatively narrow vertical spread.
De Lamberterie teaches that the collector of each of the at least one light module has a rear edge and wherein the vertical focal point of the lens is located in the vicinity of the rear edge of the collector such that the image of the collector formed by the lens has an upper cut-off formed by the rear edge of the collector (see fig. 1, light rays that strike the lower edge of the reflector form the upper most of the light projection before shield 120).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have used an elliptical reflector with the light source at the focal point of the reflector as taught by De Lamberterie to optimize the amount of light being received by the lens of Okubo, as is well known in the art. The use of this form of a reflector by De Lamberterie results in the rear edge of the reflector being imaged as the top of the low beam cutoff, as is well known in the art. It is obvious to optimize the focal point of the lens to be the rear edge of the reflector to from a clear cutoff.
The Examiner finds that using a lens with a focal point on the rear edge of the reflector is known in the art to image the rear of the reflector properly. The adjustment of the light source, reflector, and lens to form this ideal projection without a shield is a result effective variable that involves routine skill in the art. I.e. each of the optical components are well known, predictable structures in the art of optics and the specific arrangement of them is an obvious optimization to form a specific cutoff, which is also well known.
It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
It is unclear if Okubo teaches that the collectors are in contact with one another. The Examiner takes official notice that it would be obvious to form a contact boundary between the collectors of Okubo to prevent undesired light leakage and to form a unified structure that is more secure.
Regarding the integration of the inner plate shaped element into one piece, the claimed limitation of a structure into integral pieces does not render the claimed invention nonobvious over the prior art if the use of an integral structure would be merely a matter of obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). Such an obviousness rejection may be overcome if there is insight contrary to the understandings and expectation of the prior art, Schenck v. Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983).
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Regarding Applicant’s argument “said lens has a line of focus the curvature of which follows the curve of said lens”, the disclosure sets this out in background paragraph 3, but does not set forth what kind of lens this is. Convex lenses only have one focal point, not a focal line. They often have an image plane, however this is not the same as a focal point. Applicant also states that the lens is “substantially inclined” in the claim, the Examiner therefore assumes that Applicant is not referring to an Airy disc or blur circle.
Applicant argues that paragraphs 7-9 “describe points that indicate application of an oblong type lens”, there is no indication of such in the disclosure. If Applicant is using an oblong lens, the structure of the lens must be included as it is critical to the operation of the device, see In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Applicant’s arguments are generally directed that the arrangement as claimed is possible using specific nonspherical lenses. However details of such lenses are critical for operation of the device and are not disclosed in the application. The Application only sets forth that the curvature may be different in horizontal and vertical cross sections, this is not sufficient to set forth an oblong or aberrant lens.
Applicant further argues that “statements of taking horizontal and vertical sections across the common lens results in varied lens section profiles… corresponding to different focal points, which should indicate an astigmatic type lens”. The Examiner has reviewed the argued paragraphs and finds that the paragraphs do not support such an assertion. The paragraphs describe different embodiments with different cross sections, but does not set forth different cross sectional shapes within the same lens. Even more, there is no indication of different focal points along different cross sections of the same lens. The Examiner requests Applicant provide direct quotations to indicate support for such interpretation.
Applicant includes an image of astigmatic lens, annotated below. The Examiner notes that the caption for the lens specifically states “Due to astigmatism (strongly exaggerated here), the image planes "B" are different for rays in the meridional and saggital planes.” In the diagram that horizontal focal point and the vertical focal point are still located on the optical axis, as they are by definition. The diagram is an indication of an off axis object. The off axis object (just as with Applicant’s invention), is not arranged on an optical axis of the lens. The diagram below highlights the current issue in Applicant’s figures, i.e. one cannot tilt the lens “substantially” and maintain the optical axis in the same location.
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Applicant further argues “one can obtain offset focal points from the culmination of light rays off the lens curvature projected from each of the meridional and sagittal planes”. Applicant appears to be using different nomenclature from that which is generally used in the field of optics, as this is specifically against the definition of “focal point”. A focal point for a lens is “ a point onto which collimated light parallel to the axis is focused. Since light can pass through a lens in either direction, a lens has two focal points – one on each side.” An “offset focal point” is light that is not parallel to the axis, and therefore does not travel to the focal point of the lens. With reference to the included astigmatic lens above, the off axis image converges, but does not form focal points as it is not collimated light and is not parallel to the optical axis.
Most importantly, Applicant does not set forth the specifics for any form of lens. There is no support for an oblong or cylindrical lens, or an aberrant or asymmetrical lens. Without further specifics in the disclosure, the Examiner finds that the application does not have sufficient enablement to recite specific optical functions as one of ordinary skill in the art would not be able to make the invention without detailed schematics and more exact optical arrangements. The disclosure sets forth inaccurate depictions of the invention and the claims are not supported by the disclosure.
In conclusion, figure 1 is a cross section via of a symmetrical biconvex lens. The arrangement of figure 1 specifically states the horizontal focal point of 31.2 as indicated. Such an arrangement, as depicted, and with consideration of every possible horizontal cross section provided for in the disclosure, cannot exist.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J PEERCE whose telephone number is (571)272-6570. The examiner can normally be reached 8-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached on (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew J. Peerce/Primary Examiner, Art Unit 2875