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 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.
Status of Claims
Claims 1 – 13 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/08/2024 and 07/18/205 were filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a device for accelerating the movement of droplets in at least claim 1. A review of the specification identifies the accelerating device as an air flow projection device or fan.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 3 – 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karsten (DE 102017216917 A1) as cited by Applicant – see machine translation provided.
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Regarding Independent Claim 1, Karsten teaches a system for cleaning a detection surface sensor (Fig. 3B) comprising: a cleaning device (droplet dispenser, 23; Fig. 3B) including a plurality of nozzles (Annotated Fig. 3B) configured to deposit droplets of liquid on an acceleration surface (protective screen, 4) situated upstream of the detection surface (field of view, 8), a tank (Paragraph [0038]) connected to the cleaning device (23) and configured to store the liquid (Paragraph [0038]), and a device for accelerating the movement of the droplets of liquid (superhydrophobic layer, 30 with hydrophobic layer of 4; Paragraph [0024]) from the acceleration surface (4) onto the detection surface (Paragraph [0025]).
Regarding Claim 3, Karsten teaches the cleaning system for cleaning a detection surface sensor (Fig. 3B) wherein the liquid has a surface tension greater than a surface tension of said detection surface (the superhydrophobic layer, 30 of Karsten causes the liquid to bead up and forms drops (Paragraph [0025]), thus the liquid has a surface tension greater than a surface tension of said detection surface).
Regarding Claim 4, Karsten teaches the cleaning system for cleaning a detection surface sensor (Fig. 3B) wherein said nozzles (Annotated Fig. 3B) are spaced apart from one another such that said droplets form a water front (Fig. 3B).
Regarding Claim 5, Karsten teaches the cleaning system for cleaning a detection surface sensor (Fig. 3B) wherein said cleaning device (23) further comprises a perforated bar (Annotated Fig. 3B) connected on one side to said nozzles (Annotated Fig. 3B) and on another side to said tank (Paragraph [0038]).
Regarding Claim 6, Karsten teaches the cleaning system for cleaning a detection surface sensor (Fig. 3B) wherein said cleaning device (23) further comprises comprising a support element for the perforated bar (Annotated Fig. 3B).
Regarding Claim 7, Karsten teaches the cleaning system for cleaning a detection surface sensor (Fig. 3B) wherein said acceleration device is: an air flow-projection device, or a device composed of a grid of electrodes that is configured to be passed through by an electrical current, or a device configured to create a Leiden frost effect, or a device configured to synthesize an ultrasonic wave propagating in the acceleration surface, or a device composed of particles of different polarities (Karsten teaches superhydrophobic layer as discussed in Paragraph [0038] which inherently teaches a composite material combining low surface energy chemistry with nanoscale surface roughness to trap air, creating a texture where water beads up and rolls off effortlessly, preventing wetting and allowing for self-cleaning; and thus teaches a device composed of particles of different polarities).
Regarding Independent Claim 8, Karsten teaches an assembly (Fig. 3B) comprising a detection surface (8) of a sensor (camera, 3) and a cleaning system (Fig. 3B), with the cleaning system (Fig. 3B) including a cleaning device (23) with a plurality of nozzles (Annotated Fig. 3B) configured to deposit droplets of liquid on an acceleration surface (protective screen, 4) situated upstream of the detection surface (Fig. 3B), a tank (Paragraph [0038]) connected to the cleaning device (23) and configured to store the liquid (Paragraph [0038]), and a device for accelerating the movement of the droplets of liquid (superhydrophobic layer, 30 with hydrophobic layer of 4; Paragraph [0024]) from the acceleration surface (4) onto the detection surface (Paragraph [0025]).
Regarding Claim 9, Karsten teaches the assembly (Fig. 3B) wherein the sensor (3) is an optical sensor (camera, 3; Fig. 3B).
Regarding Claim 10, Karsten teaches the assembly (Fig. 3B) the detection surface and the acceleration surface form part of the sensor or the detection surface (8) and the acceleration surface (4) do not form part of the sensor (Fig. 3B).
Regarding Claim 11, Karsten teaches the assembly (Fig. 3B) wherein the detection surface (8) and the acceleration surface (4) are on the same plane (Fig. 3B).
Regarding Claim 12, Karsten teaches the assembly (Fig. 3B) a portion of the detection surface (8) is partially coincident with a portion of the acceleration surface (4; Fig. 3B).
Regarding Independent Claim 13, Karsten teaches a method for cleaning a detection surface (8) of a sensor (3) for a vehicle comprising: depositing droplets of liquid on an acceleration surface (4) of the sensor (3); the acceleration surface (4) being situated upstream of the detection surface (8), by means of a plurality of nozzles (Annotated Fig. 3B) of a cleaning device (23), accelerating the movement of the droplets of liquid from the acceleration surface (4) onto the detection surface (8) by means of an acceleration device (30; Paragraph [0038]).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Karsten (DE 102017216917 A1) as cited by Applicant – see machine translation provided.
Regarding Claim 2, Karsten teaches the cleaning system of claim 1 as discussed above.
Karsten teaches droplets but does not explicitly teach the droplets have a volume of between 2 L and 50 L.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karsten to explicitly teach the droplets have a volume of between 2 L and 50 L, as claimed, since such a modification would have involved a mere change in the
size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04).
Conclusion
Art made of record, however, not relied upon for the current rejection is as follows: WO 2020254077 A1 to Gunter teaches a vehicle which preferably comprises an air brake that is fed from a compressed air line. A viewing window is located on the outside of the vehicle. An optical device, for example a light source or a light detector, is protected toward the outside by the viewing window. At least one gas nozzle is fed from the compressed air line. The gas nozzle is mounted near the viewing window and is designed to produce a gas stream across the viewing window during travel of the vehicle.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723