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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim3, the phrase "a first heating element attached via heat-conductive attaching means to a second surface" has been interpreted as a “second heating element” distinct from the first heating element that is attached to a second surface.
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.
Claim(s) 1-2, 4, 9 are rejected under 35 U.S.C. 103 as being unpatentable over DeGiovine et al (US6612493).
Referring to claim 1. DeGiovine et al (herein “DeGiovine”) discloses a “Optical Scanner Including a Thermostatically Controlled Heater Module or Hermetic Seal To Prevent Internal Condensation”. See Figs. 1-5 and respective portions of the specification. DeGiovine further discloses a safety laser (optical scanner, “laser-type bar code reader”) intended to move in environments at different temperatures, said safety laser comprising laser emission means and at least one optical element (See Col. 3 L. 36-40, Col. 4 L. 27-29), characterized in that said safety laser comprises means for protecting said at least one optical element comprising means for regulating (68, 70) the temperature internal to said safety laser (See Col. 4 L. 55-61, Col. 5 L. 1-10), means for making said safety laser airtight (hermetically sealed enclosure) (See Col. 4 L. 7-12) and means and means for regulating the moisture level internal (Silica gel cartridge) (See Col. 6 L. 60-63) to said safety laser to protect said at least one optical element. It should be noted that DeGiovine discloses the heater embodiment and the hermetic-seal/desiccant as alternative, interchangeable solutions to the problem of condensation and frost arising when the device is moved between hot and cold environments (See Col. 3 L. 12-30). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify DeGiovine heater-module embodiment to combine with its hermetic-seal and desiccant embodiment in a single device in order to achieve a more complete protection against condensation, moisture, and temperature variations across the full range of thermal transitions.
Referring to claim 2. DeGiovine discloses a safety laser characterized in that means for regulating the internal temperature comprises a first heating element attached via heat-conductive attaching means to a first surface of said safety laser (See Col. 6 L. 5-20).
Referring to claim 4. DeGiovine discloses a safety laser, characterized in that it comprises means for controlling (70) regulating the internal temperature (See Col. 7 L. 33-36).
Referring to claim 9. DeGiovine discloses a safety laser, characterized in that said means for regulating the internal moisture level comprises at least one element of a desiccant material (silica gel cartridge) (See at least Col. 6 L. 60-63).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over DeGiovine et al (US6612493) in view of Yamamoto (US11867839).
Referring to claim 3. DeGiovine discloses the apparatus as set forth above as applied to claim 1. DeGiovine does not disclose a heating element attached via heat-conductive attaching means to a second surface of said safety laser. Yamamoto discloses a “Lidar Device Heating Optical Window”. See Figs. 1-6 and respective portions of the specification Yamamoto further discloses a lidar optical window heated by two discrete transparent film heaters (91, 92) covering different parts of the window (See Col. 6 L. 46-56, Col. 7 L. 20-29). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify DeGiovine’s single zone heater to include a second heating element positioned at a second surface of the housing as taught by Yamamoto, in order to more evenly and efficiently heat additional regions of the laser device prone to condensation and provide an improvement in handling cold temperature fluctuations.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over DeGiovine et al (US6612493) in view of Mao et al (US9690965).
Referring to claim 5. DeGiovine discloses the apparatus as set forth above as applied to claim 1. DeGiovine does not disclose a discrete seal element/airtightness means applied around the optical element. Mao et al. (herein “Mao”) discloses a “Scanner With Replaceable Bezel and Desiccant Cartridge”. See Figs. 1-16 and respective portions of the specification. Mao discloses a housing (102) an that an interior of the housing and an interior of the rear bezel are sealed via a sealing gasket configured to isolate the desiccant cartridge and an interior of the device housing from an exterior of the device housing (See Col. 4 L. 40-46, Claim 10, Col. 13 L. 23-25). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Mao’s known gasket seal arrangement at the optical element/housing interface of DeGiovine’s device, in order to more directly exclude moist ambient air at the point of the greatest condensation risk and limit/insulate the element to temperature conditions more efficiently.
Claim(s) 6-8, 10, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over DeGiovine et al (US6612493) in view of Yamamoto (US11867839) and in further view of Zhu et al (US10520647).
Referring to claims 6-8. DeGiovine discloses the apparatus as set forth above as applied to claim 1. DeGiovine does not disclose protection means comprising anti-mist means applied as a surface treatment applied to the optical element. Zhu et al (herein “Zhu”) discloses an “Anti-Fog and Anti-Reflective Dual-Functional Coating For Optical Articles”. See Figs. 1-4 and respective portions of the specification. Zhu further discloses a coating for an optical article comprising a bottom coating comprising at least one hydrophilic resin binder which forms an anti-fogging layer (first solution) and a top coating overlying the bottom coating forming an anti-reflective layer comprising nanopores (second solution). Thus, Zhu discloses an anti-mist means comprising a specific anti-mist treatment applied to the optical element, wherein said anti-mist treatment comprises at least one layer of a first solution and a second solution, and wherein the first solution and a layer of a second solution is applied to an interior surface and an exterior surface. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Zhu’s two layer anti-fog and anti-reflective coating to the optical element of DeGiovine, as complementary barrier, in order to reduce residual fogging directly at the optical surface.
Referring to claim 10. DeGiovine discloses a method comprising the following steps: regulation (E1) of internal temperature by the heater module (See Col. 4 L. 30-36); application (E2) of airtightness means (See Col. 4 L. 7-12); regulation (E3) of the moisture (via silica gel cartridge) level internal to said safety laser (Col. 6 L. 60-63);for a safety laser moved between environments of different temperature (See Col. 3 L. 12-30, 36-40). DeGiovine does not explicitly disclose application (E4) of anti-mist means delivering said protected optical element. Zhu further discloses a coating for an optical article comprising a bottom coating comprising at least one hydrophilic resin binder which forms an anti-fogging layer (first solution) and a top coating overlying the bottom coating forming an anti-reflective layer comprising nanopores (second solution). Thus, Zhu discloses an anti-mist means comprising a specific anti-mist treatment applied to the optical element, wherein said anti-mist treatment comprises at least one layer of a first solution and a second solution, and wherein the first solution and a layer of a second solution is applied to an interior surface and an exterior surface. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Zhu’s two layer anti-fog and anti-reflective coating to the optical element of DeGiovine, as complementary barrier, in order to reduce residual fogging directly at the optical surface.
Referring to claim 12. DeGiovine discloses a safety laser characterized in that means for regulating the internal temperature comprises a first heating element attached via heat-conductive attaching means to a first surface of said safety laser (See Col. 6 L. 5-20).
Referring to claim 13. DeGiovine discloses the apparatus as set forth above as applied to claim 1. DeGiovine does not disclose a discrete seal element/airtightness means applied around the optical element. Mao et al. (herein “Mao”) discloses a “Scanner With Replaceable Bezel and Desiccant Cartridge”. See Figs. 1-16 and respective portions of the specification. Mao discloses a housing (102) an that an interior of the housing and an interior of the rear bezel are sealed via a sealing gasket configured to isolate the desiccant cartridge and an interior of the device housing from an exterior of the device housing (See Col. 4 L. 40-46, Claim 10, Col. 13 L. 23-25). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Mao’s known gasket seal arrangement at the optical element/housing interface of DeGiovine’s device, in order to more directly exclude moist ambient air at the point of the greatest condensation risk and limit/insulate the element to temperature conditions more efficiently.
Referring to claim 14. DeGiovine discloses a safety laser, characterized in that said means for regulating the internal moisture level comprises at least one element of a desiccant material (silica gel cartridge) (See at least Col. 6 L. 60-63).
Referring to claim 15. DeGiovine discloses a method comprising the following steps: regulation (E1) of internal temperature by the heater module (See Col. 4 L. 30-36); application (E2) of airtightness means (See Col. 4 L. 7-12); regulation (E3) of the moisture (via silica gel cartridge) level internal to said safety laser (Col. 6 L. 60-63);for a safety laser moved between environments of different temperature (See Col. 3 L. 12-30, 36-40). DeGiovine does not explicitly disclose application (E4) of anti-mist means delivering said protected optical element. Zhu further discloses a coating for an optical article comprising a bottom coating comprising at least one hydrophilic resin binder which forms an anti-fogging layer (first solution) and a top coating overlying the bottom coating forming an anti-reflective layer comprising nanopores (second solution). Thus, Zhu discloses an anti-mist means comprising a specific anti-mist treatment applied to the optical element, wherein said anti-mist treatment comprises at least one layer of a first solution and a second solution, and wherein the first solution and a layer of a second solution is applied to an interior surface and an exterior surface. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply Zhu’s two layer anti-fog and anti-reflective coating to the optical element of DeGiovine, as complementary barrier, in order to reduce residual fogging directly at the optical surface.
Allowable Subject Matter
Claims 11, 16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL HOWARD MATTHEWS whose telephone number is (571)272-5929. The examiner can normally be reached Monday thru Friday; 8:00 AM - 4:30 PM EST.
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/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653
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