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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-3, 11-14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asahi Glass #1 (WO 2016/185898; applicant cited).
Regarding Claim 1, Asahi #1 discloses a glass plate 11 for a vehicle; a first bus bar 26 provided in or on the glass plate and including an upper portion extending in a direction along an upper edge of the glass plate (Fig. 4); a second bus bar 27 provided in or on the glass plate and including a lower portion extending in a direction along a lower edge of the glass plate (Fig. 4); and an antenna 18 disposed in a space near the upper portion and configured to transmit and receive a radio wave having a certain frequency; wherein the glass plate has a heating area extending between the upper portion and the lower portion (Fig. 4; between bus bars 26 and 27), and a non-heating area extending above the upper portion (Fig. 4); wherein the heating area is an area where a conductive member 13 is disposed (Fig. 4), the conductive member being configured to flow a direct current in an up-down direction by applying the direct voltage between the first bus bar and the second bus bar by the power supply 16, 17 such that the heating area is heated by heat generation of the conductive member; and wherein the antenna 18 has a conductor spaced apart from the glass plate and opposed to the glass plate (see Fig. 11).
Regarding Claim 2, there is a gap between the conductor 13 and the upper portion as viewed in a horizontal direction from a vehicle interior side (Fig. 4).
Regarding Claim 3, the non- heating area has a recessed portion 41 (Fig. 4) descending downward as viewed in a horizontal direction from the vehicle interior side; and wherein the recessed portion is configured to overlap with a projected plane formed by projecting the conductor onto the glass plate in the horizontal direction.
Regarding Claim 11, the antenna 18 has a radiating surface radiating the radio wave, and a dielectric 33 having a relative dielectric constant of greater than 1 is disposed between the glass plate and the radiating surface (Fig. 11; translation, page 21).
Regarding Claim 12, the dielectric 33 includes a resin (translation; page 24).
Regarding Claims 13 and 14, the antenna 18 has a radiating surface radiating the radio wave, and the radiating surface is disposed substantially parallel to the glass plate (Fig. 11), and substantially parallel to a vertical direction.
Regarding Claim 16, the antenna 18 is disposed in a space near the upper portion in a central portion of the glass plate in a horizontal direction (Fig. 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4, 15, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Asahi Glass #1 as applied to claim 2 above, and further in view of Asahi Glass #2 (JP 2003-170739).
Regarding Claim 4, It is unclear if Asahi #1 discloses an angle of the conductor. Asahi #2 discloses a windshield system including an antenna area 10 (Fig. 1A) wherein the entire windshield is set at an angle greater than 5 degrees to the horizontal (Fig. 1B; translation, paragraph 0022). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to have the windshield of Asahi #1, and the conductor, at an angle of greater than 5 degrees as it is a standard windshield mounting angle used in the art, as taught by Asahi #2.
Regarding Claim 15, the antenna area 10 of Asahi #2 is a patch style film antenna.
Regarding Claim 17, Asahi #2 discloses that the windshield may be in the range of 20 to 30 degrees.
Regarding Claim 18, Asahi #2 discloses the antenna transmits in 5.8GHz (paragraph 0017).
Allowable Subject Matter
Claims 5-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 5 and 6, applicant’s use of the formula:(1/4) x ƛ ≤ D wherein the antenna is configured to transmit and receive a radio wave having a wavelength ƛ in air, and the gap has a length D in a vertical direction, is novel.
Regarding Claims 7-10, applicant having the antenna configured to transmit and receive a vertically polarized wave, and a projected surface on which the conductor is projected horizontally onto the glass plate overlaps the heating area, is novel.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612