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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered. Claim 14 is cancelled.
Claim Rejections - 35 USC § 102
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 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.
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.
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) 1-13 and 15-20 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by Teder (2008/0116379 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Teder (2008/0116379 A1) in view of Backes (2008/0297803 A1).
Regarding claim 1, Teder discloses an optical sensor is included in a rain sensor (figs. 1-4) comprising:
an optical radiation source (30) configured to generate optical radiation directed at a target object an object a rain drop 34;
an optical radiation receiver (detector 40) configured to receive reflected optical radiation reflected off the target object a rain drop 34; and
a housing cap is included in a housing 20, as can be seen depicted drawing (fig. 1) structure comprising:
a transmission opening is the structure section collimator region 54 included in "folder" structure 60 configured to transmit a portion of the optical radiation rays emitted from emitter 30 through the transmission opening collimator region 54 toward the target object rain drop 34 along the optical transmission axis emission axis and/or on-axis rays 90, the transmission opening comprising:
implicitly the structure section that includes a lower portion proximate the optical radiation source (30); and further
implicitly includes structure section that is an upper portion proximate a top surface of the housing cap in the housing 20 along On-axis collimator lens 50,
a transmission opening upper portion vertical surface element (i.e. collimator lens 50 and/or reflector surface 64) disposed within the upper portion of the transmission opening, implicitly includes wherein the transmission opening upper portion vertical surface element is substantially parallel to the optical transmission axis emission axis and/or on-axis rays 90; as can be seen depicted drawing (figs. 1-4), and
wherein at least a second portion of the upper portion of the transmission opening emission axis and/or on-axis rays 90 comprises
an upper portion angled surface element (i.e. reflector surface 64) disposed within the upper portion of the transmission opening as can be seen depicted drawing (figs. 1-4), wherein the upper portion angled surface element (i.e. reflector surface 64) progresses into the transmission opening from an outer surface of the housing cap that is included in the housing 20, as can be seen depicted drawing (figs. 1-4) structure at a transmission opening angle relative to the optical transmission axis emission axis and/or on-axis rays 90; and
a receiving opening is the structure section included in the group of receiver optical elements 70 region positioned proximate the optical radiation receiver (detector 40) configured to receive a portion of reflected optical radiation through the receiving opening included in receiver ray fan 82 opening region and/or on-axis receiver lens 72 region, as can be seen depicted drawing (figs. 1-4) structure [pars. 0036-37], wherein the receiving opening receiver optical elements 70 region structure that is configured to direct a portion of the radiation reflected from the external object vehicle window towards the receiver or detector 40 implicitly/ and/or inherently comprises: a lower receiving portion bottom part of the opening proximate the optical radiation receiver detector 40, bottom part of the opening of the optical elements 70 region structure opening include(s) configuration that provide plurality of angle(s) surface(s), as can be seen in the depicted drawing (figs. 1-4) include(s) the lower receiving portion that comprising a first angled surface element receiver side inside-reflecting surface 80; and the receiver side inside-reflecting surface 80 further includes an upper receiving portion proximate the top surface of the housing cap in the housing 20 along On-axis collimator lens 50, the upper receiving portion comprising a second angled surface element as can be seen in the depicted drawing (figs. 1-4); wherein at least a first portion of the upper receiving portion of the receiving opening comprises a receiving opening upper portion vertical surface element receiver side inside-reflecting surface 80 and/or convex detector-facing lens 78), wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis, as can be seen in the depicted modified drawing (fig. 3).
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In the alternative, if the Applicant argues that Teder does not anticipates wherein the receiving opening comprises a lower receiving portion proximate the optical radiation receiver, the lower receiving portion comprising a first angled surface element; and an upper receiving portion proximate the top surface of the housing cap, the upper receiving portion comprising a second angled surface element; wherein at least a first portion of the upper receiving portion of the receiving opening comprises a receiving opening upper portion vertical surface element, wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis, then in view of Teder teaching of a group of receiver optical elements 70 that is molded into coupler 16 in proximity to detector 40 the optical elements arranged generally symmetrically, as can be seen in depicted drawing (figs. 1-4), it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it is well settled that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it is well settled that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954). In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it is well established, that whether the element is separated into multiple elements, see In re Dulberg, 129 USPQ 348 (CCPA, 1961) or the element is integrated into a single element, see In re Larson, 144 USPQ 347 (CCPA, 1965) so long as the same function (in this case element is directing reflected beam/light) performed by the prior art and the claimed invention, then the prior art still anticipates or renders obvious the claimed invention.
Additionally, Beckes from the same field of endeavor teaches of receiver 28 has a stepped structure includes wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis at the output portion 44, as can be seen in depicted drawing (fig. 2) [pars. 0013-20] in order to shaped reflected light/beam such that they focus the light beam parts onto the receiver/detector 28.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Beckes in order to accurately shaped reflected light/beam such that they focus the light beam parts onto the receiver/detector.
For the purposes of clarity, the depicted drawing and the Teder discloses structure that collimate a fan of rays from the emitter, and direct them at an angle of about 45 degrees into the window [par. 0017].
As to claims 2-5, Teder when modified by Beckes, Teder also discloses a structure that is use in the optical sensor that is included in the included in a rain sensor (figs. 1-4) system that is implementing limitations such as, wherein the lower portion of the transmission opening that is included in the collimator region 54 implicitly comprises a lower portion vertical surface element (i.e. collimator lens 50 and/or reflector surface 64), wherein the lower portion vertical surface element is substantially parallel to the optical transmission axis emission axis and/or on-axis rays 90 (claim 2);
implicitly wherein the upper portion of the transmission opening that is included in the collimator region 54 and/or (i.e. collimator lens 50 and/or reflector surface 64) comprises a receiver-side region proximate the optical radiation receiver (detector 40), wherein the transmission opening that is included in the collimator region 54 and/or (i.e. collimator lens 50 and/or reflector surface 64) upper portion vertical surface element (i.e. receiver folder 76 and/or a receiver side inside-reflecting surface 80) is disposed within the receiver-side region of the transmission opening (claim 3); the transmission opening of the housing cap further comprising a transmission opening lower portion angled surface element (i.e. collimator lens 50 and/or reflector surface 64), wherein the transmission opening lower portion angled surface element (i.e. collimator lens 50 and/or reflector surface 64) commences at an intersection of the lower portion of the transmission opening and the upper portion of the transmission opening and extends along a lower portion angled surface angle away from the optical transmission axis emission axis and/or on-axis rays 90, as can be seen depicted drawing (figs. 1-4) structure (claim 4); and wherein the lower portion of the transmission opening implicitly included in collimator region 54 comprises a distant region opposite the transmission opening of the receiver-side region the group of receiver optical elements 70 region, wherein the transmission opening lower portion angled surface element (i.e. collimator lens 50 and/or reflector surface 64) is disposed within the distant region of the transmission opening, as can be seen depicted drawing (figs. 1-4) structure (claim 5).
As to claims 10-13 and 15, Teder when modified by Beckes, Teder also discloses a structure that is use in the optical sensor is included in a rain sensor (figs. 1-4) system that is implementing limitations such as, wherein the receiver-side region of the transmission opening in the group of receiver optical elements 70 region implicitly comprises detector 40 location is a receiver-region side (claim 10); wherein the transmission opening upper portion vertical surface element that is included in the group of receiver optical elements 70 region implicitly is disposed on the receiver-region side of the transmission opening (claim 11);
wherein the distant region of the transmission opening implicitly comprises a distant-region side, opposite the receiver-region side that is included in the region location between collimator region 54 and receiver optical elements 70 region (claim 12); implicitly, wherein the transmission opening lower portion angled surface element that is included in the collimator region 54 is disposed on the distant-region side of the transmission opening that is included in the region location between collimator region 54 and receiver optical elements 70 region (claim 13); and
wherein at least a second portion of the upper portion of the receiving opening optical structures 70 implicitly comprises an angled surface element (i.e. receiver lens 74 and/or receiver side inside-reflecting surface 80 and/or convex detector-facing lens 78) that is included in the optical structures 70 lower angle incident angle within a specific range field of incidence/viewing, wherein the angled surface element progresses into the receiving opening optical structures 70 implicitly from the outer surface of the housing cap at a receiving opening angle, as can be seen depicted drawing (figs. 1-4) structure (claim 15)
As to claims 17, Teder also discloses a structure that is use in an electronic system configured to determine a proximity of a target object is included in a rain sensor (figs. 1-4) system, the electronic system comprising:
an external cover is a vehicle window 12 of thickness T; and
an optical sensor is a rain sensor 10 disposed in an internal compartment defined by the external cover, the optical sensor comprising:
an optical radiation source (30) configured to generate optical radiation directed at the target object a rain drop 34;
an optical radiation receiver (detector 40) configured to receive reflected optical radiation reflected off the target object the rain drop 34; and
a housing cap is included in a housing 20, as can be seen depicted drawing (fig. 1) structure comprising:
a transmission opening is the structure section collimator region 54 included in "folder" structure 60 configured to transmit a portion of the optical radiation through the transmission opening toward the target object along an optical transmission axis emission axis and/or on-axis rays 90, the transmission opening comprising:
implicitly includes the structure section that is a lower portion proximate the optical radiation source (30);
an upper portion proximate a top surface of the housing cap in the housing 20 along On-axis collimator lens 50 and/or in the rain sensor 10 a transmission opening upper portion vertical surface element (i.e. collimator lens 50 and/or reflector surface 64) disposed within the upper portion of the transmission opening,
wherein the transmission opening upper portion vertical surface element (i.e. collimator lens 50 and/or reflector surface 64) is substantially parallel to the optical transmission axis, as can be seen depicted drawing (figs. 1-4); and
an upper portion angled surface element (i.e. reflector surface 64) disposed within the upper portion of the transmission opening as can be seen depicted drawing (figs. 1-4), wherein the upper portion angled surface element (i.e. reflector surface 64) progresses into the transmission opening from an outer surface of the housing cap that is included in the housing 20, as can be seen depicted drawing (figs. 1-4) structure at a transmission opening angle relative to the optical transmission axis emission axis and/or on-axis rays 90; and
a receiving opening is included in the group of receiver optical elements 70 region structure section positioned proximate the optical radiation receiver (detector 40) configured to receive a portion of reflected optical radiation through the receiving opening included in receiver ray fan 82 opening region and/or on-axis receiver lens 72 region, as can be seen depicted drawing (figs. 1-4) structure’, wherein the receiving opening receiver optical elements 70 region structure that is configured to direct a portion of the radiation reflected from the external object vehicle window towards the receiver or detector 40 implicitly/ and/or inherently comprises: a lower receiving portion bottom part of the opening proximate the optical radiation receiver detector 40, bottom part of the opening of the optical elements 70 region structure opening include(s) configuration that provide plurality of angle(s) surface(s), as can be seen in the depicted drawing (figs. 1-4) include(s) the lower receiving portion that comprising a first angled surface element receiver side inside-reflecting surface 80; and the receiver side inside-reflecting surface 80 further includes an upper receiving portion proximate the top surface of the housing cap in the housing 20 along On-axis collimator lens 50, the upper receiving portion comprising a second angled surface element as can be seen in the depicted drawing (figs. 1-4); wherein at least a first portion of the upper receiving portion of the receiving opening comprises a receiving opening upper portion vertical surface element receiver side inside-reflecting surface 80 and/or convex detector-facing lens 78), wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis, as can be seen in the depicted modified drawing (fig. 3).
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In the alternative, if the Applicant argues that Teder does not anticipates wherein the receiving opening comprises a lower receiving portion proximate the optical radiation receiver, the lower receiving portion comprising a first angled surface element; and an upper receiving portion proximate the top surface of the housing cap, the upper receiving portion comprising a second angled surface element; wherein at least a first portion of the upper receiving portion of the receiving opening comprises a receiving opening upper portion vertical surface element, wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis, then in view of Teder teaching of a group of receiver optical elements 70 that is molded into coupler 16 in proximity to detector 40 the optical elements arranged generally symmetrically, as can be seen in depicted drawing (figs. 1-4), it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it is well settled that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Further, it is well settled that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954). In addition, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Teder of a group of receiver optical elements that is/are configured to direct a portion of the radiation reflected from the external object/vehicle window towards the receiver or detector 40 in order to fully direct the fan of rays of reflected at the optimum direction into the detector, since it is well established, that whether the element is separated into multiple elements, see In re Dulberg, 129 USPQ 348 (CCPA, 1961) or the element is integrated into a single element, see In re Larson, 144 USPQ 347 (CCPA, 1965) so long as the same function (in this case element is directing reflected beam/light) performed by the prior art and the claimed invention, then the prior art still anticipates or renders obvious the claimed invention.
Additionally, Beckes from the same field of endeavor teaches of receiver 28 has a stepped structure includes wherein the receiving opening upper portion vertical surface element is substantially parallel to an optical receiving axis at the output portion 44, as can be seen in depicted drawing (fig. 2) [pars. 0013-20] in order to shaped reflected light/beam such that they focus the light beam parts onto the receiver/detector 28.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder with structure of the receiving opening in the manner set forth in applicant’s claims, in view of the teaching of Beckes in order to accurately shaped reflected light/beam such that they focus the light beam parts onto the receiver/detector.
As to claims 18-19, Teder when modified by Beckes, Teder also discloses a structure that is use in the optical sensor that is included in a rain sensor (figs. 1-4) system that is implementing limitations such as, the transmission opening of the housing cap is included in a housing 20 further comprising a transmission opening lower portion angled surface element (i.e. collimator lens 50 and/or reflector surface 64), wherein the transmission opening lower portion angled surface element (i.e. collimator lens 50 and/or reflector surface 64) commences at an intersection of the lower portion of the transmission opening and the upper portion of the transmission opening and extends along a lower portion angled surface angle away from the optical transmission axis emission axis and/or on-axis rays 90, as can be seen depicted drawing (figs. 1-4) structure (claim 18); and wherein the lower portion of the transmission opening that is included in the collimator region 54 and/or (i.e. collimator lens 50 and/or reflector surface 64) comprises a distant region opposite the transmission opening of the receiver-side region the group of receiver optical elements 70 region, wherein the transmission opening lower portion angled surface element is disposed within the distant region of the transmission opening as can be seen depicted drawing (figs. 1-4) structure (claim 19).
As to claims 6-9, 16 and 20, Teder when modified by Beckes, Teder teaches of the structure of the optical sensor of claim 1 is included in a rain sensor (figs. 1-4) system, comprising some sort of lower portion angled surface angle included in the lower angle incident angle within light ray emitter degree angles, and Teder discloses structure that collimate a fan of rays from the emitter, and direct them at an angle of about 45 degrees into the window [pars. 0011-12, 0017], wherein the transmission opening lower portion angled surface included in the collimator region 54 commences at an intersection of the lower portion of the transmission opening and the upper portion of the transmission opening and follows a lower portion angled surface angle away from the optical transmission axis, wherein the transmission opening shape is cone, as can be seen depicted drawing (figs. 1-4) structure, as applied to claims 6-9, 16 and 20.
Teder fail to explicitly teach the constructional changes in the device/system of transmission opening shape of claim 1, as that claimed by Applicants claims 6-9 and 16, such as, wherein the lower portion angled surface angle is between 10 degrees and 20 degrees (claims 6 and 20); wherein the transmission opening is symmetric about a transmitter-receiver axis, wherein the transmitter-receiver axis intersects a center of the transmission opening and a center of the receiving opening (claim 7); wherein the transmission opening is non-symmetric about a lateral axis, wherein the lateral axis is perpendicular to the transmitter-receiver axis, and wherein the lateral axis bisects the transmission opening (claim 8); wherein the transmission opening comprises a quadrilateral shape (claim 9); and wherein the receiving opening angle is between 25 degrees and 35 degrees (claim 16).
However, even though, Teder fail to teach the constructional changes in the device of claims 1 and 17, as that claimed by Applicants claims 6-9, 16 and 20, the constructional changes are considered obvious design variation in view of Teder [par. 0053] teachings that numerous modifications and alterations of the device/system is possible while retaining the teachings of the invention. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder system as desired appropriate such as in the manner set forth in applicant’s claims 6-9, 16 and 20, in view of the teaching of Teder that it is possible to modified and altered his device/system while retaining the teachings of the invention in order to make the desired geometrical structure easy to implement.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Teder system as desired appropriate such as in the manner set forth in applicant’s claims 6-9 and 16, in view of the teaching of Teder that it is possible to modified and altered his device/system while retaining the teachings of the invention in order to make the desired geometrical structure of the system easy to implement, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Response to Arguments
Applicant’s arguments/remarks, filed on 12/23/2025, with respect to the rejection(s) of claim(s) have been considered but are moot because the arguments do not apply to the current rejection(s) because the claims invention is broad enough to on the reference(s).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art optical sensor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877