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 .
Election/Restrictions
Applicant's election with traverse of Species B, claims 1-20 in the reply filed on 06/22/2026 is acknowledged. The traversal is on the ground(s) that (1) the Restriction Requirement fails to establish a proper basis for restriction under MPEP § 806.05(d), because the Restriction Requirement does not establish that the groups as claimed do not overlap in scope, i.e., are mutually exclusive, as required by MPEP § 806.05(d). The Restriction Requirement has not established that at least Species A and B, as claimed,
do not overlap in scope as required to establish restriction under MPEP § 806.05(d). (2) The office has not Established a Serious Search Burden. This is not found persuasive because:
Firstly, these two Species are not restricted under MPEP § 806.05(d)(subcombinations usable together) or MPEP § 806.05(j)(Related Products; Related Processes), so that Species A and B can have claim limitations overlap with each other.
Secondly, these two Species are mutually exclusive embodiments to each other. In addition, these species are not obvious variants of each other based on the current record.
Species A, drawn to an apparatus having the first switch mirror, the second switch mirror, the first fixed mirror and the second fixed mirror are positioned in a substantially square orientation with respect to each other, further wherein the first switch mirror and the second switch mirror are located at bottom corners of the substantially square orientation and the first fixed mirror and the second fixed mirror are located at top corners of the substantially square orientation, and the optical input reflects off of the first switch mirror in the first state and the second switch mirror in the first state to position the optical output at a first location at the output in a first configuration of the first switch mirror and the second switch mirror, further wherein the optical input reflects off of the first switch mirror in the second state, reflects off the first fixed mirror and the second fixed mirror and then reflects off of the second switch mirror in the second state to position the optical output at a second location at the output in a second configuration of the first switch mirror and the second switch mirror according at least fig.3; and
Species B, drawn to an apparatus having the first switch mirror, the second switch mirror, the first fixed mirror and the second fixed mirror are positioned in a substantially T-shaped orientation with respect to each other, further wherein the second switch mirror is located between the first fixed mirror and the second fixed mirror along a horizontal portion of the substantially T-shaped orientation and the first switch mirror is located below the second switch mirror to form a vertical portion of the substantially T-shaped orientation and the optical input reflects off of the first switch mirror in the first state and the second switch mirror in the first state to position the optical output at a first location at the output in a first configuration of the first switch mirror and the second switch mirror, further wherein the optical input reflects off of the first switch mirror in the second state, reflects off the first fixed mirror and then reflects off of the second switch mirror in the second state to position the optical output at a second location at the output in a second configuration of the first switch mirror and the second switch mirror, further wherein the optical input reflects off of the first switch mirror in a third state, reflects off the second fixed mirror and then reflects off of the second switch mirror in the third state to position the optical output at a third location at the output in a third configuration of the first switch mirror and the second switch mirror according at least figs.4-7.
Lastly, these two Species require two different searching strategies/queries, and two different searching methods.
The requirement is still deemed proper and is therefore made FINAL.
In addition, Applicant elected claims 1-20 for Species B. However, The Examiner believes that claims 4,5,11-14,16 and 17 corresponds to Species A (fig.3) because of following reason:
Claims 4,5, 11,12, 16 and 17 referred to figure 3 clearly with “substantially square orientation of four mirrors”, claims 13 and 14 are depended on claim 11.
Therefore, only claims 1-3, 6-10, 15 and 18-20 are elected;
Claims 4, 5, 11-14,16 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/22/2026.
Claim Objections
Claim 15 objected to because of the following informalities:
Last line of claim 15, should be “providing the optical output from the output”.
Appropriate correction is required.
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 (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 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.
Claim(s) 1-3, 9, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Warner US 20060151449.
Regarding claim 1, Warner discloses an apparatus for rotating an optical input (101) about an optical axis of the optical input, in at least figs.3A-3B and 7A-7B, comprising:
an input (a surface of 112A or an output surface of 100) for receiving the optical input (see fig.3A);
an output (an input surface of 108) for providing an optical output (see fig.3A);
a plurality of switch mirrors (112A and 112B) rotatably moveable between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see figs.3A and 3B);
a plurality of fixed mirrors (114A and 114B) each in a fixed position (see figs.3A and 3B, they fixed in horizontal axis position and not moving in figs.3A and 3B); and
wherein the plurality of switch mirrors may be placed in a plurality of configurations to rotate the optical output between a plurality of positions (see positions formed by parallel shift light on 108) at the output responsive to receipt of the optical input (see fig.3A).
Regarding claim 2, Warner discloses the plurality of switch mirrors comprise a first switch mirror (112A) and a second switch mirror (112B).
Regarding claim 3, Warner discloses the plurality of fixed mirrors comprise a first fixed mirror (114A) and a second fixed mirror (114B)(see figs.3A and 3B, they fixed in horizontal axis position and not moving in figs.3A and 3B).
Regarding claim 9, Warner discloses the optical input and the optical output comprises a laser beam (see fig.3A).
Regarding claim 10, Warner discloses the optical input and the optical output comprises an image (para.58,107 and 118 and fig.3A).
Regarding claim 15, Warner discloses a method for rotating an optical input (101) about an optical axis of the optical input, in at least figs.3A-3B, comprising:
receiving the optical input at an input (a surface of 112A or an output surface of 100)(see fig.3A);
rotatably moving a plurality of switch mirrors (112A and 112B) between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see figs.3A and 3B);
maintaining a plurality of fixed mirrors (114A and 114B) in a fixed position (see figs.3A and 3B, they fixed in horizontal axis position and not moving in figs.3A and 3B);
placing the plurality of switch mirrors in a plurality of configurations to rotate an optical output between a plurality of positions (see positions formed by parallel shift light on 108) at an output (an input surface of 108) responsive to receipt of the optical input (see fig.3A); and
providing the optical output from the output (see fig.3A).
Claim(s) 1-3, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yen US 2024/0324872.
Regarding claim 1, Yen discloses an apparatus for rotating an optical input (LIN or L2) about an optical axis of the optical input, in at least figs.2 and 6A-6C, comprising:
an input (SP) for receiving the optical input (see fig.2);
an output (EYE) for providing an optical output (see fig.2);
a plurality of switch mirrors (M5 and M6) rotatably moveable between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see figs.6A-6C);
a plurality of fixed mirrors (M1-M4) each in a fixed position (see figs.6A-6C); and
wherein the plurality of switch mirrors may be placed in a plurality of configurations to rotate the optical output between a plurality of positions (see figs.6A-6C) at the output responsive to receipt of the optical input (see figs.6A-6C).
Regarding claim 2, Yen discloses the plurality of switch mirrors comprise a first switch mirror (M5) and a second switch mirror (M6)(see figs.6A-6C).
Regarding claim 3, Yen discloses the plurality of fixed mirrors comprise a first fixed mirror (M1 or M3) and a second fixed mirror (M2 or M4)(see figs.6A-6C).
Regarding claim 10, Yen discloses the optical input and the optical output comprises an image (see figs.2 and 6A-6C).
Regarding claim 15, Yen discloses a method for rotating an optical input (LIN or L2)about an optical axis of the optical input, in at least figs.2 and 6A-6C, comprising:
receiving the optical input at an input (SP);
rotatably moving a plurality of switch mirrors (M5 and M6) between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see figs.6A-6C);
maintaining a plurality of fixed mirrors (M1-M4) in a fixed position (see figs.6A-6C);
placing the plurality of switch mirrors in a plurality of configurations to rotate an optical output between a plurality of positions (see figs.6A-6C) at an output (EYE) responsive to receipt of the optical input (see figs.6A-6C); and
providing the optical output from the output (see figs.6A-6C).
Claim(s) 1-3, 10 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kramer US Patent 4103991.
Regarding claim 1, Kramer discloses an apparatus for rotating an optical input (4) about an optical axis (3) of the optical input, in at least fig.1, comprising:
an input (8) for receiving the optical input (see fig.1);
an output (6) for providing an optical output (see fig.1);
a plurality of switch mirrors (10 and 16) rotatably moveable between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see fig.1);
a plurality of fixed mirrors (12,14 and 18) each in a fixed position (see fig.1); and
wherein the plurality of switch mirrors may be placed in a plurality of configurations to rotate the optical output between a plurality of positions (see fig.1) at the output responsive to receipt of the optical input (see fig.1).
Regarding claim 2, Kramer discloses the plurality of switch mirrors comprise a first switch mirror (10) and a second switch mirror (16).
Regarding claim 3, Kramer discloses the plurality of fixed mirrors comprise a first fixed mirror (12) and a second fixed mirror (14 or 18)(see fig.1).
Regarding claim 10, Kramer discloses the optical input and the optical output comprises an image (see fig.1).
Regarding claim 15, Kramer discloses a method for rotating an optical input (4) about an optical axis (3) of the optical input, in at least fig.1, comprising:
receiving the optical input at an input (8)(see fig.1);
rotatably moving a plurality of switch mirrors (10 and 16) between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see fig.1);
maintaining a plurality of fixed mirrors (12,14 and 18) in a fixed position (see fig.1);
placing the plurality of switch mirrors in a plurality of configurations to rotate an optical output between a plurality of positions (see fig.1) at an output (6) responsive to receipt of the optical input (see fig.1); and
providing the optical output from the output (see fig.1).
Claim(s) 1-3, 9 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tseng US 2014/0263222.
Regarding claim 1, Tseng discloses an apparatus for rotating an optical input (an optical input from 10) about an optical axis of the optical input, in at least fig.1, comprising:
an input (20) for receiving the optical input (see fig.1);
an output (900) for providing an optical output (see fig.1);
a plurality of switch mirrors (40 and 70) rotatably moveable between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see fig.1);
a plurality of fixed mirrors (30,50 and 60) each in a fixed position (see fig.1); and
wherein the plurality of switch mirrors may be placed in a plurality of configurations to rotate the optical output between a plurality of positions (different positions 902) at the output responsive to receipt of the optical input (see fig.1).
Regarding claim 2, Tseng discloses the plurality of switch mirrors comprise a first switch mirror (40) and a second switch mirror (70).
Regarding claim 3, Tseng discloses the plurality of fixed mirrors comprise a first fixed mirror (50 or 30) and a second fixed mirror (60 or 50)(see fig.1).
Regarding claim 9, Tseng discloses the optical input and the optical output comprises a laser beam (see para.7).
Regarding claim 15, Tseng discloses a method for rotating an optical input (an optical input from 10) about an optical axis of the optical input, in at least fig.1 comprising:
receiving the optical input at an input (20)(see fig.1);
rotatably moving a plurality of switch mirrors (40 and 70) between a first state and a second state that rotates an associated mirror about the optical axis of the optical input (see fig.1);
maintaining a plurality of fixed mirrors (30,50 and 60) in a fixed position (see fig.1);
placing the plurality of switch mirrors in a plurality of configurations to rotate an optical output between a plurality of positions (different positions 902) at an output (900) responsive to receipt of the optical input (see fig.1); and
providing the optical output from the output (see fig.1).
Allowable Subject Matter
Claims 6-8 and 18-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, the prior art of record does not disclose or suggest the claim limitations of “the first switch mirror, the second switch mirror, the first fixed mirror and the second fixed mirror are positioned in a substantially T-shaped orientation with respect to each other, further wherein the second switch mirror is located between the first fixed mirror and the second fixed mirror along a horizontal portion of the substantially T-shaped orientation and the first switch mirror is located below the second switch mirror to form a vertical portion of the substantially T-shaped orientation”, along with other claim limitations. Claims 7-8 are depended on claim 6 so they are allowable for the same reason.
Warner US 20060151449, Yen US 2024/0324872, Tseng US 2014/0263222 and Kramer US Patent 4103991, either singularly or in combination, does not disclose or suggest the claim limitations of “the first switch mirror, the second switch mirror, the first fixed mirror and the second fixed mirror are positioned in a substantially T-shaped orientation with respect to each other, further wherein the second switch mirror is located between the first fixed mirror and the second fixed mirror along a horizontal portion of the substantially T-shaped orientation and the first switch mirror is located below the second switch mirror to form a vertical portion of the substantially T-shaped orientation”, along with other claim limitations. Claims 7-8 are depended on claim 6 so they are allowable for the same reason.
Regarding claim 18, the prior art of record does not disclose or suggest the claim limitations of “positioning a first switch mirror, a second switch mirror, a first fixed mirror and a second fixed mirror in a substantially T-shaped orientation with respect to each other; positioning the second switch mirror between the first fixed mirror and the second fixed mirror along a horizontal portion of the substantially T-shaped orientation; and positioning the first switch mirror below the second switch mirror to form a vertical portion of the substantially T-shaped orientation”, along with other claim limitations. Claims 19-20 are depended on claim 18 so they are allowable for the same reason.
Warner US 20060151449, Yen US 2024/0324872, Tseng US 2014/0263222 and Kramer US Patent 4103991 either singularly or in combination, does not disclose or suggest the claim limitations of “positioning a first switch mirror, a second switch mirror, a first fixed mirror and a second fixed mirror in a substantially T-shaped orientation with respect to each other; positioning the second switch mirror between the first fixed mirror and the second fixed mirror along a horizontal portion of the substantially T-shaped orientation; and positioning the first switch mirror below the second switch mirror to form a vertical portion of the substantially T-shaped orientation”, along with other claim limitations. Claims 19-20 are depended on claim 18 so they are allowable for the same reason.
Contact Information
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pagano US Patent 4929040 (fig.1) and Cook US 2009/0109561 (figs.1-11) can be a primary reference as well.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Caley can be reached at (571)272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIA X PAN/Primary Examiner, Art Unit 2871
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