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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6, and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee US 20220283270 A1.
Regarding claim 1, Lee teaches a vehicle upper structure, comprising:
a roof member of a vehicle (1b on roof of vehicle VCL in Fig. 13, [0078]);
a sensor mounted on an upper part of the vehicle such that at least part of the sensor is located above the roof member (1b above roof of vehicle in Fig. 13, [0078]), the sensor being configured to emit and receive electromagnetic waves to recognize an external environment of the vehicle (optical sensing device 1b, [0047-49, 74-76, 78]);
a sensor cover that covers at least the part of the sensor that is above the roof member (housing 10 in Figs. 11-12, [0074-76]; examiner notes that alternatively, isolation plate 80 could be considered a sensor cover in Fig. 12, [0072-76]); and
an external cover that covers the sensor cover from outside with a gap between the external cover and the sensor cover (cooling channel forming member 70 in Figs. 11-12, [0074-76]; examiner notes that alternatively, upper portion (12) of housing 10 could be considered an external cover above isolation plate 80 in Fig. 12, [0072-76]).
Regarding claim 6, Lee teaches the vehicle upper structure according to claim 1, wherein a front end and a rear end of the external cover in an emission direction of the electromagnetic waves are respectively open (71 and 72 in Figs. 11-12, [0074-76]), a portion of an open part at the front end around the sensor cover forms an intake port for drawing in air from the outside of the vehicle (71 in Figs. 11-12, [0074-76]), a portion of an open part at the rear end around the sensor cover forms an outlet port for discharging air to the outside of the vehicle (72 in Figs. 11-12, [0074-76]), and the gap is connected to the intake port and the outlet port (73 in Figs. 11-12, [0074-76]).
Regarding claim 8, Lee teaches the vehicle upper structure according to claim 6, further comprising a heat conductive member having a higher thermal conductivity than that of the sensor cover (heat conductive member 50 in Figs. 11-12, [0058]), wherein the heat conductive member is disposed to extend over a space covered by the sensor cover and the gap. (cooling fins 52 of heat conductive member 50 extend over a space covered by the sensor and gap in Figs. 11-12, [0070-76]; examiner notes that “extend over a space covered by the sensor cover and the gap” is being interpreted in light of Applicant’s specification paragraph [0091] and Fig. 4 where the heat conductive member 34 extends into the gap; Lee’s cooling fins extend above upper portion 12 into the channel 73 in Figs. 11-12)
Regarding claim 9, Lee teaches the vehicle upper structure according to claim 1, further comprising a heat sink disposed at a position adjacent to the sensor (50 in Figs. 11-12, [0058, 74-76]).
Regarding claim 10, Lee teaches the vehicle upper structure according to claim 9, further comprising a fan configured to increase an amount of air that passes through the heat sink (19 in Figs. 11-2, [0074-76]).
Regarding claim 11, Lee teaches the vehicle upper structure according to claim 9, further comprising a cooling passage through which a coolant flows, wherein a part of the cooling passage is located inside the heat sink (air acts as a coolant and flows through fins of heat conductive member 50 in Fig. 12, [0058, 74-76]).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220283270 A1 in view of Higashimachi US 20210354636 A1.
Regarding claim 2, Lee teaches the vehicle upper structure according to claim 1,
Lee does not explicitly teach wherein, of the sensor cover and the external cover, at least the external cover is made of a plastic material.
Higashimachi teaches cover member 10 which can be made of a resin (10 in Figs. 1-2, [0028-29])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee such that of the sensor cover and the external cover, at least the external cover is made of a plastic material similar to Higashimachi with a reasonable expectation of success. This would have the predictable result of protecting the sensor and sensor cover with a lightweight material that would reliably provide extra cooling to the sensor.
Regarding claim 3, Lee as modified above teaches the vehicle upper structure according to claim 2, wherein the sensor cover is made of a metal material (housing 10 includes heat conductive member 50 made of metal in Figs. 11-12, [0058]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220283270 A1 in view of Novotny US 20220373651 A1.
Regarding claim 4, Lee teaches the vehicle upper structure according to claim 1, wherein the sensor is configured to emit and receive infrared rays as the electromagnetic waves to recognize the external environment of the vehicle ([0049]), the vehicle upper structure further comprises a decorative component, and the decorative component is arranged at a position in front of the sensor in an emission direction of the infrared rays (optical window 11 in Figs. 11-12, [0048, 53].
Lee does not explicitly teach but Novotny teaches the decorative component limits passage of visible light and permits passage of the infrared rays (12 in Fig. 1, [0018, 21])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee such that the decorative component limits passage of visible light and permits passage of the infrared rays similar to Novotny with a reasonable expectation of success. This would have the predictable result of allowing IR sensing while
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220283270 A1 in view of Novotny US 20220373651 A1 and further in view of Delneufcourt US 20220206157 A1.
Regarding claim 5, Lee as modified above teaches the vehicle upper structure according to claim 4,
Lee does not explicitly teach but Delneufcourt teaches wherein the decorative component is detachably attached to at least one of the sensor cover, the external cover, and the roof member (4 in Fig. 3, [0029, 62]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee such that the decorative component is detachably attached to at least one of the sensor cover, the external cover, and the roof member similar to Delneufcourt with a reasonable expectation of success. This would have the predictable result of allowing only the cover lens to be removed and replaced in case of damage which can save on repair cost (Delneufcourt: [0029, 62])
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee US 20220283270 A1 in view of Yajima US 20080237768 A1 and Yang CN 216740232 U.
Regarding claim 7, Lee teaches the vehicle upper structure according to claim 6, wherein the sensor cover includes a connecting hole in a section that is covered by the external cover the connecting hole connecting a space covered by the sensor cover to the gap (air vents 14 in Figs. 11-12, [0070-76]),
Lee does not explicitly teach a piece of air permeable adhesive tape is provided on at least one of an inner surface and an outer surface of the sensor cover to close an opening of the connecting hole, the air permeable adhesive tape allowing air and water vapor to pass therethrough, while restricting water from passing therethrough.
Yajima teaches a hole 49 and air permeable tape 78 to prevent entrance of foreign substances (Fig. 14, [0083-86])
Yang teaches an air permeable adhesive tape which allows water vapor to pass through and is waterproof (Pg. 3 paragraph 6; examiner notes one of ordinary skill in the art would recognize that Yajima’s use of air permeable tape could be substituted with other air permeable tapes to provide desired effects of preventing different types of foreign substances (e.g. dust, water) passing through )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to include a piece of air permeable adhesive tape is provided on at least one of an inner surface and an outer surface of the sensor cover to close an opening of the connecting hole, the air permeable adhesive tape allowing air and water vapor to pass therethrough, while restricting water from passing therethrough similar to Higashimachi with a reasonable expectation of success. This would have the predictable result of protecting the sensor and heat conductive member from being contaminated with foreign substances like dust and water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Maranville US 20170261273 A1 teaches a cooling system for a vehicle mounted sensor
Yamamoto US 20220056310 A1 teaches an air-permeable adhesive sheet
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH C FRITCHMAN whose telephone number is (571)272-5533. The examiner can normally be reached M-F 8:00 am - 5:00 pm.
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/J.C.F./Examiner, Art Unit 3645
/ISAM A ALSOMIRI/Supervisory Patent Examiner, Art Unit 3645
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