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 .
Response to Amendment
Applicant’s submission filed 05/21/2026 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 1-21 are currently pending.
Response to Arguments
With regard to the specification objection:
Applicant has amended the title to align with the features of the claimed invention. Acceptance of the new title is reflected in the attached Bib Datasheet.
With regard to the 112(b) rejection:
Applicant persuasively argues the term “housing base” is the claimed housing and is consistently used throughout the body of the claims. The 112(b) rejection of the claim is withdrawn.
Applicant has amended Claim 6 to resolve the inconsistent plurality of actuators. The 112(b) rejection of the claim is withdrawn.
With regard to the 103 rejection:
Applicant has amended Claim 1 to roll up the limitation of Claim 17 and Applicant’s argument is persuasive in that Fujimoto in view of Katsumi do not teach the feature of a housing base that includes an elastic body to absorb vibration of the light-transmitting body.
Claim 3 is amended to an independent claim and adds additional limitations not previously considered.
A housing containing an optical sensor, comprising: according to according to a light-transmitting body; a housing base to contain the optical sensor, the housing base holding the light- transmitting body in such that the light-transmitting body is able to vibrate; and one or a plurality of actuators that vibrate the light-transmitting body.
Claim 18 is amended to an independent claim and adds additional limitation not previously considered.
A housing containing an optical sensor, comprising: according to according toa light-transmitting body; a housing base to contain the optical sensor, the housing base holding the light- transmitting body in such that the light-transmitting body is able to vibrate; and one or a plurality of actuators that vibrate the light-transmitting body.
Applicant’s arguments and/or amendments with regard to Claims 1-21 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention.
Upon further consideration, a new ground(s) of rejection is made in view of the new reference of Matsumoto.
Indication of Allowable Subject Matter
Claims 12-14 & 16 are objected to and would be allowable if Claim 12 is rolled into independent base Claim 3. The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 12. The closest prior art is Matsumoto (JP2010178074) which discloses the features of Claim 3. Matsumoto nor the prior art disclose the first vibration-transmitting portion and the second vibration-transmitting portion each include a vibration portion and a support portion, the vibration portion including one end portion and another end portion, the one end portion being connected to the actuator, and extending along the side surface, the support portion extending from the another end portion of the vibration portion toward the side surface and supporting the light-transmitting body; and the support portions, respectively, of the first vibration-transmitting portion and the second vibration-transmitting portion oppose each other and support the side surface of the light-transmitting body therebetween.
Regarding Claims 13-14 & 16 are objected to based on their dependence on the indicated allowable material of Claim 12.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 3-4 & 7 are rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Matsumoto (JP2010178074: "Matsumoto” translation provided for citations).
Claim 3. Dependent on the housing according to Claim 1. Matsumoto discloses a housing (10 & 17-18) containing an optical sensor (12), comprising: according to according to a light-transmitting body (30); a housing base (10 &17-18) to contain the optical sensor (12), the housing base (10 &17-18) holding the light- transmitting body (30) in such that the light-transmitting body (30) is able to vibrate [0011 & 0028]; and one or a plurality of actuators (20)[0007] that vibrate the light-transmitting body (30)[0011]; wherein the light-transmitting body (30) has a plate shape [0060]; the plurality of actuators (20) include a first actuator (20 left side) and a second actuator (20 right side); and the first actuator (20 left side) is provided on one end portion side of the light-transmitting body (30), and the second actuator (20 right side); is provided on another end portion side of the light-transmitting body (30) opposite to the first actuator (20 left side) and the one end portion side of the light-transmitting body (30)[0033].
Claim 4. Dependent on the housing according to Claim 3. Matsumoto further disclose the first actuator (Figs. 2-4: 20 left side) and the second actuator (20 right side) oppose each other (Figs. 2-4)[0033].
Claim 7. Dependent on the housing according to Claim 3. Matsumoto, as modified, further discloses a plurality of actuators (20)[0033] vibrate the light-transmitting body (30) in a direction that intersects a thickness direction of the light-transmitting body (30) [0010-0011].
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 1, 8-11, 15, 17-18 & 21 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto (JP2010178074: "Matsumoto” translation provided for citations).
Claim 1. Matsumoto discloses a housing (Figs. 2 & 3: 10 &17-18) containing an optical sensor (12), comprising: a light-transmitting body (30); a housing base (10 &17-18) to contain the optical sensor (12)[0030], the housing base (10 &17-18) holding the light-transmitting body (30) in such that the light-transmitting body (30) is able to vibrate [0028]; and one or a plurality of actuators (20)[0033] that vibrate the light-transmitting body (30)[0028 & 0033] wherein the housing base (10 &17-18) includes an elastic body (18) [0031: The airtight sealing member 18 is made of a low-rigidity elastic material such as foamed resin or rubber, ensuring airtightness e.g. while vibration is allowed the seal is maintained through elastic damping between lens 30 and housing 17 ]. Matsumoto does not explicitly disclose:
an elastic body to absorb vibration of the light-transmitting body
The elastic body sealing between the light-transmitting body and the housing base would implicitly cushion vibration in order to maintain a seal while allowing vibration of the light-transmitting body by an actuator without structural distinction. The courts have held claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) and a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an elastic body to absorb the vibration of Matsumoto’s light-transmitting body since the absorption of vibration ensures a reliable environmental seal between the housing and a vibrating of the light-transmitting body.
Claim 8. Dependent on the housing according to Claim 1. Matsumoto further discloses the light-transmitting body (30) has a plate shape [0060] including a first main surface (Fig. 1: lens 30 outer surface) positioned outside and a second main surface (Fig. 2: lens 30 inner surface of lens) opposite to the first main surface (Fig. 4: lens 30 outer opposing surface of lens); and the plurality of actuators (20)[0060] are provided [0060]. Matsumoto does not explicitly disclose:
the plurality of actuators are provided on the second main surface side of the light-transmitting body.
The actuators placed on the second main surface instead of on the first main surface is a reversal of parts when no distinguishing features the plate are provided and the courts have held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, USPQ 167. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the actuators on the second main surface because the second main surface improves the reliability of the actuators by protecting the actuators from damaging environmental elements.
Claim 9. Dependent on the housing according to Claim 8. Matsumoto further discloses the plurality of actuators (20) vibrate the light-transmitting body (30) in a thickness direction of the light-transmitting body (30) [0010-0011].
Claim 10. Dependent on the housing according to Claim 1. Matsumoto further discloses including a first end portion and a second end portion opposite to the first end portion (Fig. 1: 4 is circular with opposing sides throughout the circumference); and the plurality of actuators (7-9) are arranged at regular intervals on at least one of the first end portion side and the second end portion side. Matsumoto’s embodiment Figs. 2-8 does not explicitly disclose:
the light-transmitting body has a cylindrical or substantially cylindrical shape.
Matsumoto’s embodiment in figures 10-12 cites a round filter with depth which is cylindrical [0055] and [0060].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Matsumoto’s cylindrical filter lens embodiment over Matsumoto’s square filter lens because the cylindrical filter lens improves alignment when optical sensor uses spherical optics.
Claim 11. Dependent on the housing according to Claim 10. Matsumoto further discloses the plurality of actuators (20) vibrate [0011 & 0028] the light-transmitting body (30) in an axial direction [0011 & 0028]. Matsumoto’s embodiment Figs. 2-8 does not explicitly disclose:
the light-transmitting body has a cylindrical or substantially cylindrical shape.
Matsumoto’s embodiment in figures 10-12 cites a round filter with depth which is cylindrical [0055] and [0060].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Matsumoto’s cylindrical filter lens embodiment over Matsumoto’s square filter lens because the cylindrical filter lens improves alignment when optical sensor uses spherical optics.
Claim 15. Dependent on the housing according to Claim 1. Matsumoto further discloses the one or plurality of actuators (20) each include a unimorph or bimorph piezoelectric element (20)[0061]; and the housing base (10 &17-18) includes a frame (17) supporting the light-transmitting body (30) and a connection portion (19) connecting the light-transmitting body (30) and the one or plurality of actuators (20)[0041].
Claim 17. Dependent on the housing according to Claim 3. Matsumoto further discloses the housing base (10 &17-18) includes an elastic body (18) to absorb vibration of the light-transmitting body (30). (18) [0031: The airtight sealing member 18 is made of a low-rigidity elastic material such as foamed resin or rubber, ensuring airtightness e.g. while vibration is allowed the seal is maintained through elastic damping between lens 30 and housing 17]. Matsumoto does not explicitly disclose:
an elastic body to absorb vibration of the light-transmitting body
The elastic body sealing between the light-transmitting body and the housing base would implicitly cushion vibration in order to maintain a seal while allowing vibration of the light-transmitting body by an actuator without structural distinction. The courts have held claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) and a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an elastic body to absorb the vibration of Matsumoto’s light-transmitting body since the absorption of vibration ensures a reliable environmental seal between the housing and a vibrating of the light-transmitting body.
Claim 18. Matsumoto further discloses a housing (10 & 17) containing an optical sensor (12), comprising: according to according to a light-transmitting body (30); a housing base (10 &17-18) to contain the optical sensor (12), the housing base (10 &17-18) holding the light- transmitting body (30) in such that the light-transmitting body (30) is able to vibrate [0011 & 0028]; and one or a plurality of actuators (20)[0033] that vibrate the light-transmitting body (30); wherein a cushioning portion (18) is provided between the light-transmitting body (30) and the housing base (10 &17-18) [0031: The airtight sealing member 18 is made of a low-rigidity elastic material such as foamed resin or rubber, ensuring airtightness e.g. while vibration is allowed the seal is maintained through elastic damping between lens 30 and housing 17 ].
Claim 21. Dependent on the sensor device (Fig. 3) comprising: the housing according to Claim 1. Matsumoto further discloses an optical sensor (12) included in the housing (10 & 17)[0032].
Claims 2 & 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto in view of Kenji (WO 2019225042: “Kenji”).
Claim 2. Dependent on the housing according to Claim 1. Matsumoto does not explicitly disclose:
the one or plurality of actuators each include a coil to generate a magnetic field when an electric current flows therethrough, a core provided a hollow of the coil and supporting the light-transmitting body, and a magnet to attract the core due to the magnetic field generated by the coil; and the one or plurality of actuators vibrate the light-transmitting body in an axial direction of the core.
Kenji teaches a vibration device and an optical detection device that can reliably move a water droplet without relying on differences in surface tension at each position [0006]. Kenji further teaches (Fig. 14) the one or plurality of actuators (75) each include a coil (76) to generate a magnetic field when an electric current flows therethrough, a core (76 core in coil) provided a hollow of the coil (76) and supporting the light-transmitting body (4), and a magnet (77) to attract the core due to the magnetic field generated by the coil (76); and the one or plurality of actuators (75) vibrate the light-transmitting body (4) in an axial direction of the core (76 core in coil)[0080-0081].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kenji’s electromagnetic actuators as Matsumoto’s, as modified, vibration actuator because an electromagnetic actuator improves durability by providing a rugged and reliable actuator for high use elements in a dynamic environment.
Claims 5 & 6. Dependent on the housing according to Claim 3. Matsumoto, as modified, does not explicitly disclose:
a detector to detect an output voltage of at least one actuator among the first actuator and the second actuator and a controller to control vibrations of the one or plurality of actuators wherein the controller is configured or programmed to control vibrations of the plurality of actuators based on the output voltage of the at least one actuator detected by the detector.
Kenji teaches a vibration device and an optical detection device that can reliably move a water droplet without relying on differences in surface tension at each position [0006]. Kenji further teaches a detector (7c) to detect an output voltage of at least one actuator (5a) among the first actuator (5a) and the second actuator (5b) and a controller (13) to control vibrations of the one or plurality of actuators (5a&b) wherein the controller (13) is configured or programmed to control vibrations of the plurality of actuators (5a&b) based on the output voltage of the at least one actuator (5a) detected by the detector (7c)[0027] & [0034: The timing generation circuit 14A applies an electric signal to the switching circuit 14B at a fixed timing according to the feedback signal output from the piezoelectric vibrator 5A].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Kenji’s detecting electrode to create a feedback signal with Matsumoto’s, as modified, vibration actuator’s signals because a feed back signal improves the quality of the applied vibration signal by providing timing feedback [Kenji 0034].
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumoto in view of Dolezal (WO 2013082726; “Dolezal”).
Claims 19-20. Dependent on the housing according to Claim 1. Matsumoto further discloses a cushioning portion (18) is provided between the light-transmitting body (30) and the housing base (10 &17) [0011 & 0033]. Matsumoto, as modified, does not explicitly disclose:
the cushioning portion includes a bellows structure and the cushioning portion is made of an elastomer.
Dolezal teaches In vibration engineering, hollow elastomer springs with a pressurizable interior are used to influence the vibration behavior of an oscillating system formed with these springs. [0008]. Dolzeal further teaches a cushioning portion (Fig. 1: 4) is provided between the body (12) and the housing base (3) or between and wherein the cushioning portion (4) includes a bellows structure (4) and the cushioning portion (4) is made of an elastomer [0069: The two spring bellows 4, 5 thus form opposing elastomer spring elements as required, via which the connecting body 2 and the connecting plate 3 are connected to each other in a spring-elastic manner, such that the connecting body 2, when the spring element 1 is unloaded, is positioned along the displacement axis X by the two spring bellows 4, 5 in the basic position shown relative to the connecting plate 3, and when the connecting plate 3 is fixed, it can be displaced from this basic position along the displacement axis X in both directions against the spring forces generated by the two spring bellows 4, 5 by applying a force acting along the displacement axis X].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Dolezal’s vibration cushion elastomer bellow spring to modify Matsumoto’s elastic hinge because the bellows spring improves vibration control by eliminating a damaging over-shock vibration to an attached device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Monica S Young whose telephone number is (303)297-4785. The examiner can normally be reached M-F 08:30-05:30 MST.
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/MONICA S YOUNG/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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