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 because elements 42-46 point to the same object in figure 9. 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 § 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 and 5 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Perkins et al. (US 5,438,333), hereinafter Perkins.
In re. claim 1, Perkins teaches an electromagnetic wave transmissive cover configured to be employed in a vehicle to which a sensor device (10) is attached, the sensor device including an electromagnetic wave transmissive portion (32) and being configured to emit and receive electromagnetic waves through the electromagnetic wave transmissive portion (emitted and reflected radiation) (col. 1, ln. 24-32), the electromagnetic wave transmissive cover comprising: a cover body (22) that is configured to be attached to the vehicle and cover the sensor device from a front side in an emission direction of the electromagnetic waves (fig. 1); and a seal member (14) attached to the cover body, the seal member being configured to be disposed between the sensor device and the cover body (fig. 1), wherein the seal member includes a foam seal portion formed by foaming an elastic material (col. 6, ln. 22-26), the foam seal portion being configured to be in contact with the sensor device in a state of surrounding the electromagnetic wave transmissive portion (fig. 1).
In re. claim 5, Perkins teaches a sensor module, comprising: a sensor device (10) that is configured to be attached to a vehicle (fig. 1), includes an electromagnetic wave transmissive portion (32), and is configured to emit and receive electromagnetic waves through the electromagnetic wave transmissive portion (emitted and reflected radiation) (col. 1, ln. 24-32); an electromagnetic transmissive cover that is configured to be attached to the vehicle and includes a cover body (22) (fig. 1), the cover body covering the sensor device from a front side in an emission direction of the electromagnetic waves (fig. 1); and a seal member (14) that is disposed between the sensor device and the cover body (fig. 1), wherein one of the cover body and the sensor device serves as an attachment object to which the seal member is attached, and the other one of the cover body and the sensor device serves as a contact object with which the seal member is in contact (fig. 1), the seal member is attached to the attachment object (fig. 1), and the seal member includes a foam seal portion that is formed by foaming an elastic material (col. 6, ln. 22-26) and is in contact with the contact object in a state of surrounding the electromagnetic wave transmissive portion (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 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Perkins as applied to claims 1 and 5 respectively above, and further in view of Otoyo et al. (US 2020/0096612), hereinafter Otoyo.
In re. claim 2, Perkins teaches the electromagnetic wave transmissive cover according to claim 1, wherein the sensor device is configured to be capable of adjusting an orientation (bracket 36 generally permits adjustment of the position of radar gun 26 relative to windshield 22) (col. 4, ln. 15-17), the seal member further includes an auxiliary seal portion (110) (fig. 4A), the auxiliary seal portion being disposed between the cover body and the foam seal portion and coupled to each of the cover body and the foam seal portion (fig. 4A).
Perkins fails to disclose at least a part of the auxiliary seal portion includes an accordion-folded shape-changing portion that is configured to change its shape by expanding and contracting to adapt to adjustment of the orientation of the sensor device.
Otoyo teaches at least a part of the auxiliary seal portion (30) includes an accordion-folded shape-changing portion (33) that is configured to change its shape by expanding and contracting to adapt to adjustment of the orientation of the sensor device (para [0029]).
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 Perkins to incorporate the teachings of Otoyo to have the recited auxiliary seal portion includes an accordion-folded shape-changing portion, for the predictable result of providing increased flexibility in the orientation change of the radar.
In re. claim 6, Perkins teaches the sensor module according to claim 5, wherein the sensor device is configured to be capable of adjusting an orientation (bracket 36 generally permits adjustment of the position of radar gun 26 relative to windshield 22) (col. 4, ln. 15-17), the seal member further includes an auxiliary seal portion (110) (fig. 4A), the auxiliary seal portion being disposed between the attachment object and the foam seal portion and coupled to each of the attachment object and the foam seal portion (Fig. 4A),
Perkins fails to disclose at least a part of the auxiliary seal portion includes an accordion-folded shape-changing portion that is configured to change its shape by expanding and contracting to adapt to adjustment of the orientation of the sensor device.
Otoyo teaches at least a part of the auxiliary seal portion (30) includes an accordion-folded shape-changing portion (33) that is configured to change its shape by expanding and contracting to adapt to adjustment of the orientation of the sensor device (para [0029]).
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 Perkins to incorporate the teachings of Otoyo to have the recited auxiliary seal portion includes an accordion-folded shape-changing portion, for the predictable result of providing increased flexibility in the orientation change of the radar.
Claims 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Perkins.
In re. claims 3-4, Perkins teaches the electromagnetic wave transmissive cover according to claim 1, wherein the sensor device is configured to adjust an orientation by being rotated about at least one of a first axis (vertical) and a second axis (horizontal) (bracket 36 generally permits adjustment of the position of radar gun 26 relative to windshield 22) (col. 4, ln. 15-17), the first axis and the second axis extend along a plane orthogonal to the emission direction and are orthogonal to each other (fig. 4A), the foam seal portion in contact with the sensor device includes: two first band portions that extend in a direction along the first axis while being disposed on opposite sides of the electromagnetic wave transmissive portion (two vertical portions of foam (14) in figure 2); and two second band portions that extend in a direction along the second axis while being disposed on opposite sides of the electromagnetic wave transmissive portion (two horizontal portions of foam (14) in figure 2), the two first band portions and the two second band portions are coupled to each other at coupling portions (at the corners) (fig. 2).
Perkins fails to disclose at least one of a width and a thickness of each of the first band portions is set to be larger at the coupling portion at which the first band portion is coupled to the adjacent one of the second band portions than at a central portion of the first band portion in a direction along the first axis, and at least one of a width and a thickness of each of the second band portions is set to be larger at the corresponding coupling portion at which the second band portion is coupled to the adjacent one of the first band portions than at a central portion of the second band portion in a direction along the second axis; wherein at least one of the width and the thickness of each of the first band portions in contact with the sensor device is set to gradually increase from the central portion in the direction along the first axis toward the coupling portion at which the first band portion is coupled to the adjacent second band portion, and at least one of the width and the thickness of each of the second band portions in contact with the sensor device is set to gradually increase from the central portion in the direction along the second axis toward the coupling portion at which the second band portion is coupled to the adjacent first band portion.
It would have been an obvious matter of design choice to make the different portions of the seal of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Doing so allows the invention to be applied with a shape of the seal desired by the user.
In re. claims 7-8, Perkins teaches the sensor module according to claim 5, wherein the sensor device is configured to adjust an orientation by being rotated about at least one of a first axis (vertical) and a second axis (horizontal) (bracket 36 generally permits adjustment of the position of radar gun 26 relative to windshield 22) (col. 4, ln. 15-17), the first axis and the second axis extend along a plane orthogonal to the emission direction and are orthogonal to each other (fig. 4A), the foam seal portion in contact with the contact object includes: two first band portions that extend in a direction along the first axis while being disposed on opposite sides of the electromagnetic wave transmissive portion (two vertical portions of foam (14) in figure 2); and two second band portions that extend in a direction along the second axis while being disposed on opposite sides of the electromagnetic wave transmissive portion (two horizontal portions of foam (14) in figure 2), the two first band portions and the two second band portions are coupled to each other at coupling portions (at the corners) (fig. 2).
Perkins fails to disclose at least one of a width and a thickness of each of the first band portions is set to be larger at the coupling portion at which the first band portion is coupled to the adjacent one of the second band portions than at a central portion of the first band portion in a direction along the first axis, and at least one of a width and a thickness of each of the second band portions is set to be larger at the corresponding coupling portion at which the second band portion is coupled to the adjacent one of the first band portions than at a central portion of the second band portion in a direction along the second axis; wherein at least one of the width and the thickness of each of the first band portions in contact with the contact object is set to gradually increase from the central portion in the direction along the first axis toward the coupling portion at which the first band portion is coupled to the adjacent second band portion, and at least one of the width and the thickness of each of the second band portions in contact with the contact object is set to gradually increase from the central portion in the direction along the second axis toward the coupling portion at which the second band portion is coupled to the adjacent first band portion.
It would have been an obvious matter of design choice to make the different portions of the seal of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. Doing so allows the invention to be applied with a shape of the seal desired by the user.
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.
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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