DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) filed on 05/07/2024 is/are in compliance with the provisions of 37 CFR 1.97 and is/are being considered by the Examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/443,894 (filed on 02/07/2023), fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application, namely the secondary optic including: a substantially colorless body, arms configured to snap-fit engage with the circuit board and a fluted front surface configured to receive light; wherein the primary optic and the secondary optic are in abutting contact; wherein the primary optic and the secondary optic are integrally molded together, as recited in Claims 5-8, 13, and 18.
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 1-5, 7, 9-12 and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blank (US 20070171663 A1), as evidenced by NPL titled “Technical Data Sheet…” (2013).
Regarding Claim 1, Blank discloses: A rearview assembly (see FIGS. 3-6; ¶0022: exterior rearview mirror system 300), comprising: a housing including a dimmable reflective element and a glare sensor assembly, the glare sensor assembly including: a circuit board disposed within the housing (¶0021, 0026, 0029-30, 0034-35: dimming mirror system 300/400/500/600; ¶0029: an interior mirror assembly 520; ¶0030: housing 522; ¶0030: glare sensor 564 (that detects glare from headlights of vehicles approaching from the rear of the vehicle) for use in the electronic circuitry (also included on PCB 521) used to electrically vary the reflectance level of reflective element 510; ¶0030: Housing 522 houses printed circuit board (PCB) 521); a light sensor in communication with the circuit board (¶0030: photo-sensor 562 is adapted to be an ambient light sensor for use in the electronic circuitry); wherein the primary optic is a substantially homogeneous cured epoxy having an infrared blocker dye with a green tint that at least partially blocks infrared light from being exposed to the light sensor (¶0036: near infrared absorbing filters can be formed by incorporation (such as by casting, molding, mixing, and the like) of near infrared dyes into a polymer structure such as into polycarbonate or polystyrene or acrylic or polyester or acrylate or CR39 or a COC polyolefin or another similar optical polymer [cured epoxy]. For example, EPOLIGHT near infrared absorbing dyes can be used such as Epolin 2062. In this regard, such infrared absorbing dyes may be included in the light conduiting members [primary optic] described above so as to reduce infrared transmission though the light conduits/light pipes; ¶0037: infrared absorbing dyes included in the plastic polymeric material so that the light conduiting member is a light guide/light pipe that is substantially transmitting to visible light but that is attenuating to radiation above 600-700 nm or so, such as near-IR radiation). Use of polymeric filter materials such as the 3M.TM. material above (that optionally is moldable to a form such as a lens or cover or the like) and/or use of the infrared attenuating dyes; the Examiner notes that Epolight 2062 is known to possesses a green tint (see also evidentiary reference NPL “Technical Data Sheet…” disclosing ‘green appearance’)); a primary optic proximate to and in communication with the light sensor and a secondary optic configured to receive and direct light to the primary optic, wherein the primary optic is disposed between the circuit board and the secondary optic (¶0030: electrically vary the reflectance level of reflective element 510 [secondary optic] by means of light guide/light pipe element 554 [primary optic] and photo-sensor 564 that is adapted to be a rearward-detecting (i.e., detecting light that passes through the rear window and that is incident on the mirror reflective element); see FIG. 5 (& also FIGS. 3-4, 6) showing primary optic 554 proximate to and in communication with the light sensor 562, wherein the primary optic 554 is disposed between the circuit board 521 and the secondary optic 510).
Regarding Claim 2, Blank discloses the rearview assembly according to Claim 1, as above. Blank further discloses: wherein at least a portion of the primary optic extends through the circuit board (¶0022: photo-sensors are used in a circuit to establish a reflectance level of reflective element, and are mounted on a common side of circuit board and are interconnected by a plurality of light pipes [primary optic]; see FIGS. 3-6).
Regarding Claim 3, Blank discloses the rearview assembly according to Claim 1, as above. Blank further discloses: wherein the infrared blocker dye blocks between 99% and 99.99% of infrared light (¶0036: infrared blocking; the Examiner notes that the infrared blocker dye Epolin 2060 as disclosed by Blank (see rejection of claim 1 supra) blocks between 99% and 99.99% of infrared light as evidenced by the absorption spectrum of the dye provided herewith in NPL “Technical Data Sheet: Epolight 2062…” in accordance with the broadest reasonable interpretation of the recited terms in light of the instant specification filed 02/06/2024).
Regarding Claim 4, Blank discloses the rearview assembly according to Claim 1, as above. Blank further discloses: wherein the glare sensor assembly is disposed behind an electro-optic assembly (¶0029: an electro-optic reflective element 510 (preferably an electrochromic mirror element); ¶0030: photo-sensor 564 that is adapted to be a rearward-detecting glare sensor (that detects glare from headlights of vehicles approaching from the rear of the vehicle); see FIGS. 3-6 showing glare sensor assembly 564 is disposed behind an electro-optic assembly 510).
Regarding Claim 5, Blank discloses the rearview assembly according to Claim 1, as above. Blank further discloses: wherein the secondary optic includes a substantially colorless body (¶0029: an interior mirror assembly 520 that includes an electro-optic reflective element 510 (preferably an electrochromic mirror element).
Regarding Claim 7, Blank discloses the rearview assembly according to Claim 1, as above. Blank further discloses: wherein the primary optic and the secondary optic are in abutting contact (¶0026: a light-conduiting member 456 (that comprises, for example, an acrylic light pipe) that views through an aperture 457 in a bezel portion of mirror housing 422; see FIG. 4 showing primary optic 456 and the secondary optic 410 are in abutting contact).
Regarding Claim 9, Blank discloses: A rearview assembly, comprising: a housing including a dimmable reflective element and a glare sensor assembly, the glare sensor assembly including: a circuit board disposed within the housing; a light sensor in communication with the circuit board; and a primary optic proximate to and in communication with the light sensor, wherein the primary optic is a substantially homogeneous cured epoxy that at least partially blocks infrared light from being exposed to the light sensor; and a secondary optic configured to receive and direct light to the primary optic (see rejection of claim 1 supra).
Regarding Claim 10, Blank discloses the rearview assembly according to Claim 9, as above. Blank further discloses: wherein the primary optic attaches to a rear surface of the circuit board (¶0032; see FIG. 5 showing primary optic 556 attaches to a rear surface of the circuit board 521), and wherein at least a portion of the primary optic extends through the circuit board (see rejection of claim 2 supra).
Regarding Claim 11, Blank discloses the rearview assembly according to Claim 9, as above. Blank further discloses: wherein light having a wavelength between 800 nm and 1,000 nm is substantially blocked by the primary optic (the Examiner notes that the infrared blocker dye Epolin 2060 as disclosed by Blank (see rejection of claim 1 supra) substantially blocks light having a wavelength between 800 nm and 1,000 nm, as evidenced by the absorption spectrum of the dye provided herewith in NPL “Technical Data Sheet: Epolight 2062…”).
Regarding Claim 12, Blank discloses the rearview assembly according to Claim 9, as above. Blank further discloses: wherein light having a wavelength between 400 nm and 700 nm is not substantially blocked by the primary optic (the Examiner notes that the infrared blocker dye Epolin 2060 as disclosed by Blank (see rejection of claim 1 supra) does not substantially block light having a wavelength between 400 nm and 700 nm, as evidenced by the absorption spectrum of the dye provided herewith in NPL “Technical Data Sheet: Epolight 2062…”).
Regarding Claim 14, Blank discloses the rearview assembly according to Claim 9, as above. Blank further discloses: wherein the glare sensor assembly is disposed behind an electro-optic assembly (see rejection of claim 4 supra).
Regarding Claim 15, Blank discloses: A rearview assembly, comprising: a housing; a circuit board disposed within the housing; and a glare sensor assembly disposed within the housing, the glare sensor assembly including: a light sensor in communication with the circuit board (see rejection of claim 9 supra); and an optic in communication with the light sensor, wherein the optic is formed from an infrared blocker dye and a cured epoxy (see rejection of claim 1 supra).
Regarding Claim 16, Blank discloses the rearview assembly according to Claim 15, as above. Blank further discloses: wherein the infrared blocker dye blocks infrared light (see rejection of claim 3 supra).
Regarding Claim 17, Blank discloses the rearview assembly according to Claim 15, as above. Blank further discloses: wherein the optic includes a primary optic proximate to and in communication with the light sensor and a secondary optic configured to receive and direct light to the primary optic (see rejection of claim 9 supra).
Regarding Claim 18, Blank discloses the rearview assembly according to Claim 17, as above. Blank further discloses: wherein the primary optic and the secondary optic are integrally molded together (¶0037: light conduit/light guide can be formed of polycarbonate or acrylic (and preferably, with infrared absorbing dyes included in the plastic polymeric material so that the light conduiting member is a light guide/light pipe [primary optic] that is substantially transmitting to visible light but that is attenuating to radiation above 600-700 nm or so, such as near-IR radiation). Use of polymeric filter materials above (that optionally is moldable to a form such as a lens or cover or the like) and/or use of the infrared attenuating dyes may be used in conjunction with an independently dimming exterior electro-optic mirror [primary optic]).
Regarding Claim 19, Blank discloses the rearview assembly according to Claim 15, as above. Blank further discloses: wherein the glare sensor assembly provides light input to the light sensor which is in communication with an interior cabin monitoring system (¶0032, 0035: Ambient light detecting photo-sensor 562 views via a light-conduiting member 554 (that comprises, for example, an acrylic light pipe or an acrylic or similar optical plastic light conduiting pathway or element) that views via terminal portion 559 towards the interior cabin roof of the vehicle out of mirror housing 522; see FIGS. 5-6).
Regarding Claim 20, Blank discloses the rearview assembly according to Claim 17, as above. Blank further discloses: wherein the primary optic is a substantially homogeneous cured epoxy (see rejection of claim 9 supra).
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 6, 8 and 13 is rejected under 35 U.S.C. 103 as being unpatentable over Blank (US 20070171663 A1) in view of Ockerse et al. (US 2005/0024729 A1; as cited in IDS filed 05/07/2024).
Regarding Claim 6, Blank discloses the rearview assembly according to Claim 1, as above. Blank does not appear to explicitly disclose: wherein the secondary optic includes arms configured to snap-fit engage with the circuit board.
Ockerse is related to Blank with respect to a rearview assembly (FIGS. 26-31: 1600), comprising: a housing (1610) including a dimmable reflective element (¶0148: electrochromic mirror element 1620) and a glare sensor assembly (¶0148: glare sensor subassembly 1650), the glare sensor assembly including: a circuit board (1630) disposed within the housing; a light sensor (1652) in communication with the circuit board; and a primary optic (¶0192: filter 630 may be an infrared filter) proximate to and in communication with the light sensor, wherein the primary optic having an infrared blocker that at least partially blocks infrared light from being exposed to the light sensor (¶0194: a filter that separates infrared (IR) radiation from visible radiation by either blocking all IR radiation); and a secondary optic (1660) configured to receive and direct light to the primary optic, wherein the primary optic is disposed between the circuit board and the secondary optic (¶0152-55; ¶0167, 0170) and Ockerse teaches: wherein the secondary optic includes arms configured to snap-fit engage with the circuit board (¶0152: glare sensor subassembly 1650 includes a sensor device 1652 and a secondary-optical element 1660 mounted to circuit board 1630. Circuit board 1630 includes a first hole 1632 though which sensor device 1652 extends such that sensor device may be surface mounted to the rear surface 1631 of circuit board 1630…Circuit board 1630 further includes a pair of holes 1634 through which a corresponding pair of resilient legs 1662 of secondary optical element 1660 extends. Holes 1634 allow secondary optical element to be snapped into circuit board 1630 so as to extend in front of glare sensor device 1652; see FIGS. 29-30,33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to slightly modify the rearview assembly of Blank in view of Ockerse to satisfy the claimed condition, because such a secondary optic is known and would be selected to allow the sensors and the optic to be surface-mounted to the same surface (1631) of circuit board 1630, as taught in paragraph [0152] of Ockerse.
Regarding Claim 8, Blank discloses the rearview assembly according to Claim 1, as above. Blank does not appear to explicitly disclose: wherein the secondary optic includes a fluted front surface configured to receive light.
Ockerse is related to Blank (see rejection of claim 6 supra) and Ockerse teaches: wherein the secondary optic includes a fluted front surface configured to receive light (see FIGS. 30,32 showing fluted front surface of secondary optic 1660; ¶0154-56: Secondary optical element 1660 functions as a lens…Secondary optical element 1660 comprises a relatively flat substrate 1664 having a front surface 1665 and a rear surface 1666…a first lenticular lens 1668 is provided on front surface 1665 of substrate 1664…First lenticular lens 1668 includes a plurality of parallel enlongated first lenslets 1668a…first lenslets 1668a extend perpendicular to second lenslets 1669a so as to allow for different focal lengths in the horizontal and vertical planes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to slightly modify the rearview assembly of Blank in view of Ockerse to satisfy the claimed condition, because such a secondary optic is known and would be selected for different focal lengths in these different planes, resulting in the field of view of the glare sensor may be different horizontally than it is vertically. Thus, the field of view may be narrowed or broadened to attempt to limit the field of view to that field that is viewable through the rear window without also including other parts of the interior of the vehicle such as the rear seats as would otherwise occur particularly when the vehicle employs theater seating, as taught in paragraph [0156] of Ockerse.
Regarding Claim 13, Blank discloses the rearview assembly according to Claim 9, as above. Blank does not appear to explicitly disclose: wherein the secondary optic includes arms configured to snap-fit engage with the circuit board (see rejection of claim 6 supra).
Other Relevant Documents Considered
Prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Tonar et al. (US 2004/0160657 A1), Holland et al. (US 2013/0223055 A1), and Stam et al. (US 2003/0123706 A1) all disclose a rearview assembly comprising: a housing, a circuit board, a glare sensor assembly, an optic in communication with the light sensor, and further satisfying some of the additional conditions as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANVITHA SRIDHAR whose telephone number is (571)270-0082. The examiner can normally be reached M-F 930-1800 (EST).
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/SAMANVITHA SRIDHAR/Examiner, Art Unit 2872
/WYATT A STOFFA/Primary Examiner, Art Unit 2881