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 .
Specification
The amendments to the title were received on July 15, 2026. These amendments to the title are acceptable.
Terminal Disclaimer
The terminal disclaimer filed on July 15, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of patent application 18/623,385 has been reviewed, accepted and recorded.
Response to Arguments
Applicant’s arguments, see remarks, filed July 15, 2026, with respect to claim rejections under 112 have been fully considered and in combination with the amendments are persuasive. The claim rejections under 112 have been withdrawn.
Applicant’s arguments with respect to prior art rejections have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12, 15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. WO2021100301, using 2022/0404614 as an English translation, of record, in view of Yeh US Patent Application Publication 2014/0126127, of record.
Regarding claims 1-6 and 15 Suzuki discloses a mirror apparatus (title e.g. figure 2 mirror unit 100) comprising: a base portion (e.g. main body portion 41) including a disposition surface (e.g. first surface 43a of disposition portion 43), the base portion being formed with a recess that is open to the disposition surface (e.g. recessed portion 42); a magnet unit (e.g. light scanning device 1) including a permanent magnet (e.g. paragraph [0030] “configured to include permanent magnetics in a Halbach array”), the magnet unit is disposed in the recess (paragraph [0052] “recessed portion 42 of the main body portion 41 includes a device disposition portion 43 in which the light scanning device 1 is disposed” e.g. see figure 2); a mirror unit including a movable portion (e.g. movable mirror portion 10) configured to swing around a predetermined axis (axiomatic see inter alia paragraph [0044] discusses operation of 10 using Lorentz force “to swing around the first axis”, e.g. see figures 5 & 8 axis X1 or X2), a coil (e.g. figure 5 coil 11) which is provided to the movable portion and on which a magnetic field generated by the magnet unit acts (axiomatic e.g. see inter alia paragraph [0044] discusses operation of 10 includes “current is applied to the first driving coil 11. At this time, a magnetic field generated by the magnetic field generation portion M acts on the first driving coil 11”), and a mirror surface provided on the movable portion (e.g. mirror 7), and disposed on the magnet unit (e.g. 1); a frame member (e.g. frame-shaped side wall 45) including a first surface facing one side in a first direction (e.g. see figure 2); and a window member (e.g. window member 51) disposed on the frame member (e.g. see figure 2), wherein the frame member (e.g. 45) includes a first wall portion and a second wall portion (e.g. pair of first wall portions 46) facing the first wall portion in a second direction perpendicular to the first direction (e.g. paragraph [0057] “46 facing each other in the X axis direction” see figure 2), a height of the first wall portion is lower than a height of the second wall portion (e.g. figure 2 shows relative height of left side 46 being less than the relative height of right side 46), the window member (e.g. 51) is disposed on a top surface of the first wall portion and a top surface of the second wall portion (e.g. see figure 2), and is inclined with respect to the mirror surface (paragraph [0053] “10 is inclined with respect to the main surfaces 51a of the window member 51” e.g. see figure 2), at least a part of a portion of the first surface of the frame member (e.g. abutment surface 63a), is an inclined surface inclined with respect to the mirror surface (e.g. see figure 2), and the window member (e.g. 51) is disposed on the inclined surface (paragraph [0062] “main surfaces 51a of the window member 51 are in contact with (are caused to abut) the abutment surfaces 63a” e.g. see figure 2).
Suzuki discloses the frame integrated with the base, instead of being separable. Specifically, Suzuki does not disclose the frame has and a second surface facing the other side from the first surface in the first direction disposed on the disposition surface of the base portion at the second surface; a projection portion is formed on the second surface of the frame member, the projection portion is disposed between the magnet unit and an opening edge of the recess when viewed in the first direction, the part overlapping the projection portion in the first direction, and the projection portion is disposed between an outer edge of the magnet unit and an opening edge of the recess when viewed in the first direction, as required by claim 1; and wherein the projection portion is disposed between the magnet unit and a side surface of the recess, as required by claim 2; and wherein the projection portion includes a first portion formed on a bottom surface of the first wall portion, as required by claim 3; and wherein the first portion extends along a third direction perpendicular to the first direction and the second direction, as required by claim 4; and wherein the projection portion further includes a second portion formed on a bottom surface of the second wall portion, as required by claim 5; and wherein the second portion extends along a third direction perpendicular to the first direction and the second direction, as recited in claim 6; and wherein the first portion is located on a side of the mirror unit with respect to an outer edge of the window member in the second direction, an edge of an opening of the frame member is located on a side of the mirror unit with respect to the outer edge of the window member in the second direction, and when viewed in a third direction perpendicular to the first direction and the second direction, a position of the edge of the opening of the frame member in the second direction overlaps a position of the first wall portion in the second direction, as recited in claim 15.
Yeh teaches a similar apparatus (title e.g. see figure 2) including a base portion (e.g. second housing member 130) being formed with a recess (e.g. space 140), a frame member (e.g. side wall 113), a window member (e.g. upper lid 111) on top of the frame member (e.g. see figure 2), wherein the frame member includes a first wall portion (e.g. left 113) and a second wall portion (e.g. right 113); and further teaches a second surface facing the other side from the first surface in the first direction disposed on the disposition surface of the base portion at the second surface (e.g. end surface 114); a projection portion (e.g. engaging potion 115) is formed on the bottom of the frame member (e.g. see figure 2) Including a first portion (e.g. left 115) formed on a bottom surface of the first wall portion (e.g. left 111) in a plane perpendicular to the first direction (e.g. see figure 2), the projection portion is disposed in a recess (e.g. recess 135), the part overlapping the projection portion in the first direction (e.g. see figure 2), wherein the first portion (e.g. left 115) extends along a third direction perpendicular to the first direction and the second direction (e.g. see figures 1-2); and projection portion further includes a second portion (e.g. right 115) formed on a bottom surface of the second wall portion (e.g. right 111), wherein the second portion extends along a third direction perpendicular to the first direction and the second direction (e.g. see figures 1-2); wherein the first portion (e.g. left 115) is located on a side with respect to an outer edge of the window member in the second direction (e.g. see figures 1-2), an edge of an opening of the frame member is located on a side with respect to the outer edge of the window member in the second direction (e.g. see figures 1-2), and when viewed in a third direction perpendicular to the first direction and the second direction, a position of the edge of the opening of the frame member in the second direction overlaps a position of the first wall portion in the second direction (e.g. see figures 1-2); for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal (paragraph [0007]). Further, regarding the frame being separable from the base – it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to separably attach the element, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. It was further held in In re Dulberg, 289 F.2d USPQ 348, 349 (CCPA 1961) that "if it were considered desirable for any reason” to make an element removable it would be obvious to make the element removable for that purpose; see MPEP 2144.04. In the current case it would be desirable to make the elements separable for the purpose of having an easier assembly/placement of the magnetic unit on the base.
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by Suzuki to be separable and to have the frame has and a second surface facing the other side from the first surface in the first direction disposed on the disposition surface of the base portion at the second surface; a projection portion is formed on the second surface of the frame member, the projection portion is disposed between the magnet unit and an opening edge of the recess when viewed in the first direction, the part overlapping the projection portion in the first direction, and the projection portion is disposed between an outer edge of the magnet unit and an opening edge of the recess when viewed in the first direction; and wherein the projection portion is disposed between the magnet unit and a side surface of the recess; and wherein the projection portion includes a first portion formed on a bottom surface of the first wall portion; and wherein the first portion extends along a third direction perpendicular to the first direction and the second direction; and wherein the projection portion further includes a second portion formed on a bottom surface of the second wall portion; and wherein the second portion extends along a third direction perpendicular to the first direction and the second direction; and wherein the first portion is located on a side of the mirror unit with respect to an outer edge of the window member in the second direction, an edge of an opening of the frame member is located on a side of the mirror unit with respect to the outer edge of the window member in the second direction, and when viewed in a third direction perpendicular to the first direction and the second direction, a position of the edge of the opening of the frame member in the second direction overlaps a position of the first wall portion in the second direction as taught by Yeh for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal, and since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art and to make an element removable it would be obvious to make the element removable for any reason.
Regarding the projection portion is disposed between the magnet unit and an opening edge of the recess when viewed in the first direction, and wherein the projection portion is disposed between the magnet unit and a side surface of the recess as further required by claims 1 and 2 – there is a limited number of places to arrange the protrusion that fitting into a groove It has been held that where there are only a finite number of predictable identifiable solutions, it would have been obvious to a person of ordinary skill in the art to try the known options within his or her technical grasp. KSR International Co. v Teleflex Inc., 82 USPQ2d 1385 (2007) and since it has been held that rearranging parts of an invention involves only routine skill in the art, In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) see MPEP 2144.04. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by the combination of Suzuki as modified by Yeh to have the projection portion being disposed between the magnet unit and an opening edge of the recess since there are a limited number of places to arrange the protrusion that fitting into a groove and since there are only a finite number of predictable identifiable solutions, it would have been obvious to a person of ordinary skill in the art to try the known options within his or her technical grasp and since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claims 7-8 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1 including projection portions formed on bottom surfaces of the wall portions, as set forth above. Suzuki further discloses wherein the frame member (e.g. 41) further includes a pair of third wall portions facing each other in a third direction perpendicular to the first direction and the second direction and that extend along the second direction (e.g. see figure 1 two wall of 41 on front and back with inclined top surface parallel with cross sectional view of figure 3).
Regarding claim 9 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. The combination of Suzuki as modified by Yeh further discloses wherein the frame member further includes a pair of third wall portions facing each other in a third direction perpendicular to the first direction and the second direction (as set forth in the rejection of claim 7 above), the projection portion includes a first portion formed on a bottom surface of the first wall portion (as set forth in the rejection of claim 3 above), a second portion formed on a bottom surface of the second wall portion (as set forth in the rejection of claim 5 above), and a third portion formed on one bottom surface of the pair of third wall portions (as set forth in the rejection of claim 7 above), and the third portion extends along the second direction (as set forth in the rejection of claim 8 above).
Suzuki does not disclose the third portion is connected to the first portion at one end in the second direction, and is connected to the second portion at the other end in the second direction.
Yeh further teaches the third portion is connected to the first portion at one end in the second direction, and is connected to the second portion at the other end in the second direction (e.g. see figures 1 and 3 & paragraph [0030] noting the structure circumferentially extends around an axis C) for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal (paragraph [0007]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by the combination of Suzuki as modified by Yeh to have the third portion is connected to the first portion at one end in the second direction, and is connected to the second portion at the other end in the second direction as further taught by Yeh for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal.
Regarding claim 10 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. Suzuki does not disclose wherein the projection portion includes a portion disposed at a location corresponding to a corner portion of the recess when viewed in the first direction.
Yeh further teaches wherein the projection portion includes a portion disposed at a location corresponding to a corner portion of the recess when viewed in the first direction (e.g. see figures 1 and 3 & paragraph [0030] noting the structure circumferentially extends around an axis C) for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal (paragraph [0007]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by the combination of Suzuki as modified by Yeh to have the projection portion includes a portion disposed at a location corresponding to a corner portion of the recess when viewed in the first direction as further taught by Yeh for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal.
Regarding claim 11 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. Suzuki does not disclose wherein the projection portion is formed in a ring shape to surround the magnet unit when viewed in the first direction.
Yeh further teaches the projection portion is formed in a ring shape to surround the central elements when viewed in the first direction (e.g. see figures 1 and 7 & paragraph [0030] noting the structure circumferentially extends around an axis C) for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal (paragraph [0007]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by the combination of Suzuki as modified by Yeh to have the projection portion is formed in a ring shape to surround the magnet unit when viewed in the first direction as further taught by Yeh for the purpose of securely positioning the cover onto to the base and allowing for a waterproof seal.
Regarding claim 12 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1 including projection portions formed on bottom surfaces of the wall portions, as set forth above. Suzuki further discloses wherein the second wall portion (e.g. right 46) includes a portion in which a width of the top surface in the second direction is narrower than a width of a bottom surface in the second direction (e.g. see figure 2).
Regarding claim 17 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. Suzuki further discloses wherein a gap is formed at least one of between the window member and the top surface of the first wall portion and between the window member and the top surface of the second wall portion (inter alia paragraph [0011-12] “gap may be formed between the top surface and the window member” e.g. gaps G1 and/or G2).
Regarding claim 18 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. Suzuki further discloses wherein when viewed in the first direction (see figure 5), an outer edge of the mirror unit (e.g. 10) is located inside an outer edge of the magnet unit (e.g. 1).
Regarding claim 19 the combination of Suzuki as modified by Yeh discloses the mirror apparatus according to claim 1, as set forth above. Suzuki further discloses wherein the predetermined axis (e.g. X1 or X2) is parallel to a third direction perpendicular to the first direction and the second direction (see figures 1 & 5).
Claims 13-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. WO2021100301, using 2022/0404614 as an English translation, of record, in view of Yeh US Patent Application Publication 2014/0126127, of record, in further view of Suzuki et al. US Patent Application Publication 2020/0174247, of record.
Regarding claims 13-14 and 16 the combination of Suzuki ‘301 as modified by Yeh discloses the mirror apparatus according to claim 1 including the frame member, the base portion, the projection portion and the recess, as set forth above. The combination of Suzuki ‘301 as modified by Yeh further discloses wherein the frame member further includes a pair of third wall portions facing each other in a third direction perpendicular to the first direction and the second direction (as set forth in the rejection of claim 7 above), as required by claim 16.
Suzuki ‘301 and Yeh do not disclose or teach wherein the frame member is fixed to the base portion by a first adhesive material, and the first adhesive material is disposed between the projection portion and a side surface of the recess, as required by claim 13; or wherein the frame member is fixed to the base portion by a first adhesive material, and the first adhesive material is disposed between the frame member and the base portion over an entire circumference, as required by claim 14; or the window member is fixed to top surfaces of the pair of third wall portions by a second adhesive material, as further required by claim 16.
Suzuki ‘247 teaches a similar mirror apparatus (title e.g. figures 1 & 3 optical module 100) including: a base portion (e.g. base 42) including a disposition surface (e.g. inner surface 42a), the base portion being formed with a recess that is open to the disposition surface (e.g. see figure 3); a magnet unit (e.g. MEMS mirror 1) disposed in the recess (e.g. see figure 3); a mirror unit (e.g. figure 4 mirror 7) including a movable portion (e.g. movable portion 3 or 4) configured to swing around a predetermined axis (e.g. axis X1 or X2), a coil (e.g. coil 11 or 12) which is provided to the movable portion (e.g. paragraph [0039] “first drive coil 11 is provided on the second part 32 of the first movable portion 3” or paragraph [0042] “second drive coil 12 is provided on the second movable portion 4”) and on which a magnetic field generated by the magnet unit acts (axiomatic e.g. see paragraph [0039 & 0042]), and a mirror surface (e.g. 7) provided on the movable portion (e.g. see figure 4), and disposed on the magnet unit (e.g. 1); a frame member (e.g. side wall 43) including a first surface (e.g. top of 43) facing one side in a first direction and a second surface (e.g. bottom of 43) facing the other side in the first direction, and disposed on the disposition surface (e.g. 42a) of the base portion at the second surface (e.g. see figure 3); and a window member (e.g. window member 44) disposed on the frame member (e.g. see figure 3), wherein the frame member (e.g. 43) includes a first wall portion (e.g. left 43 in figure 3) and a second wall portion (e.g. right 43 in figure 3) facing the first wall portion in a second direction perpendicular to the first direction (e.g. left-right in figure 3), a height of the first wall portion (e.g. left 43 in figure 3) is lower (e.g. see figure 3) than a height of the second wall portion (e.g. right 43 in figure 3), the window member (e.g. 44) is disposed on a top surface of the first wall portion and a top surface of the second wall portion (e.g. see figure 1), and is inclined with respect to the mirror surface (e.g. see figure 1 & 3), and at least a part of a portion of the first surface of the frame member, the part overlapping the projection portion in the first direction, is an inclined surface inclined with respect to the mirror surface, and the window member is disposed on the inclined surface (e.g. see figure 1 inclined front/read side 43); and further teaches elements are fixed to each other using adhesives (inter alia paragraphs [0004, 0064 & 0086]) where said adhesive is disposed between the surfaces of parts being adhered together (e.g. paragraph [0086] figure 3 adhesive resin R), which is combining prior art elements according to known methods to yield predictable results, KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007), see MPEP 2143. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the mirror apparatus as disclosed by the combination of Suzuki ‘301 as modified by Yeh to have fixing is by a first adhesive material disposed between the surfaces of parts being adhered together as a method of bonding elements together as taught by Suzuki ‘247 and would be combining prior art elements according to known methods to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hambeck et al. US Patent Application Publication 2015/0316762; in regards to a magnetic unit (see figure 1) that notes the driving magnetic field may be generated by permanent magnets or electromagnets, as is well-known in the art (paragraph [0029]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 August 31, 2026
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