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 .
Status Of Claims
This Office Action is in response to an amendment received 5/11/2026 in which Applicant lists claims 13, 15 as being cancelled, claims 2, 14 as being withdrawn-previously presented, claims 3, 10-11 as being withdrawn-currently amended, and claims 1, 4-9, 12 as being currently amended. It is interpreted by the examiner that claims 1-12, 14 are pending.
If applicant is aware of any relevant prior art, or other co-pending application not already of record, they are reminded of their duty under 37 CFR 1.56 to disclose the same.
Election/Restrictions
Applicant’s election without traverse of Group III in the reply filed on 5/11/2026 is acknowledged.
Claims 2-3, 10-11, 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to at least one nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/11/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 4/5/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the crossed-through information referred to therein has not been considered (It is noted that applicant has not provided a complete copy of the crossed-through reference.).
Drawings
The drawings were received on 4/5/2024. These drawings are accepted.
Specification
The disclosure is objected to because of the following informalities: the specification labels element 30 as the object/article, and labels the optical element with both 30 and 40 (see at least page 30, lines 25-34 of the specification).
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 5, 8-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 clearly refers to “a first reference plane” and then refers back to the reference plane as “the first reference plane”. Whereas, claim 5 then refers to “a first reference plane” where it is not clear if the “a first reference plane” of claim 5 is an additional first reference plane, or is intended to refer back to the original “a first reference plane” of claim 4. Additionally, claims 5, 8 and 9 refer to “the first reference plane” wherein it is not clear if this refers back to the “a first reference plane” of claim 4 or the “a first reference plane” of claim 5. Therefore, claims 5, 8 and 9 are indefinite.
Claims 8 and 9 are rejected for inheriting the same indefiniteness of the claim from which they depend.
Claim 8 recites the limitations “the second center of the second circle”, “the common center line” and “the first center”. There are insufficient antecedent basis for these limitations in the claim. For the purpose of this examination, these limitations have been interpreted as “the second center of curvature of the second family of second circles”, “a common center line” and “the first center of curvature of the first family of first circles”.
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 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.
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.
Claims 1, 4-7 and 12 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Klein, U.S. Patent Number 4,864,137 (hereafter Klein), and/or Klein, U.S. Patent Number 4,864,137 (hereafter Klein) in view of Fuse, U.S. Patent Application Publication Number 2020/0132970 A1 (hereafter Fuse).
Regarding claim 1, Klein discloses a camera arrangement (see at least the abstract and figure 1) for an interior of a vehicle, the camera arrangement comprising:
a camera with an optical axis and a camera field of view for optically capturing at least one piece of image information from a surround (see at least figure 1, elements 12, 16, “Sensor Axis” and “Field of View”, and
an extensive cover (see at least figure 1, element 14) comprising:
an outer surface (see at least figure 1, element 20),
an inner surface (see at least figure 1, element 18), and
at least one optically effective region, in which the cover is at least partially light transmissive and, for a purpose of an optical capture of the at least one piece of image information from the surround, at least partially penetrable by associated light rays which represent the at least one piece of image information (see at least figure 1, element 14, col. 2, line 18 through col. 3, line 7),
wherein the cover is arranged such that the cover protrudes into the camera field of view with the at least one optically effective region and at least partially covers the camera field of view (see at least figure 1, elements 12 and 14, col. 2, line 18 through col. 3, line 7),
wherein the outer surface is situated on a side facing away from the camera (see at least figure 1, elements 20 and 12) and the inner surface is situated on a side facing the camera (see at least figure 1, elements 18 and 12),
wherein at least portions of each of the outer surface and the inner surface are curved in the at least one optically effective region (see at least figure 1, elements 18, 20 and Φ), and
wherein a curvature of the outer surface and a curvature of the inner surface in the at least one optically effective region are configured and matched to one another in such a way and the cover is arranged relative to the camera in such a way that at least one parameter characterizing an unwanted optical influence by the cover is within a defined range (see at least figure 1, elements R1 and R2, col. 2, line 18 through col. 3, line 40).
The recitation “for an interior of a vehicle” has not been given significant patentable weight under MPEP Chapter 2111.02 [R-3] – Effect of Preamble because the recitation occurs in the preamble where it merely recites the intended use of a structure and fails to structurally limit the body of the claim.
MPEP 2112.02 (II) states that “statements in the preamble reciting the purpose of intended use of the claimed invention must be evaluated to determine whether the recited purpose or intended use results in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art. If so, then the recitation serves to limit the claims.” Additionally, In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962), is a case where the “statement of intended use in an apparatus claim did not distinguish over the prior art apparatus”.
In the instant case, the listed claims are made with regard to an apparatus whose intended use does not distinguish it from the prior art apparatus, as the use of the camera, as claimed, cannot be considered a structural or manipulative difference from cameras in the prior art without evidence present in the disclosure and set forth in the claims as to how this intended use of the polarizer renders it structurally or manipulatively different from the prior art.
However, Fuse is related to Klein as being also drawn to a camera arrangement (see at least the titles and abstracts of Klein and Fuse), wherein Fuse teaches a camera arrangement (see at least figures 1 and 44, paras. [0004], [0074], [0115] of Fuse), including an extensive cover having an outer surface and an inner surface (see at least element CGI of Fuse), wherein the camera arrangement may be used in an interior of a vehicle (see at least paras. [0004], [0074], [0115] of Fuse).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the camera arrangement of Klein to include the teachings of Fuse so that a camera arrangement may be used in an interior of a vehicle, for the purpose of using known camera arrangement structures in an interior of a vehicle for performing sensing inside a desired location.
Regarding claim 4, Klein, and/or Klein in view of Fuse discloses the limitations of claim 1, and wherein at least portions of the outer surface are convexly curved in the at least one optically effective region thereof (see at least figure 1, element 20 of Klein),
wherein the outer surface is convexly curved at least in a first reference plane (see at least figure 1, element 20 of Klein), and
wherein a curvature of the outer surface in the first reference plane is defined by a first family of first circles of curvature which are located in the first reference plane and each have a first center of curvature and a first radius of curvature (see at least figure 1, element R1 of Klein).
Regarding claim 5, as best understood, Klein, and/or Klein in view of Fuse discloses the limitations of claim 4, and wherein at least portions of the inner surface are concavely curved in the at least one optically effective region thereof (see at least figure 1, element 18 of Klein),
wherein the inner surface is concavely curved at least in the first reference plane (see at least figure 1, element 18 of Klein) and
a curvature of the inner surface in the first reference plane is defined by a second family of second circles of curvature which are located in the first reference plane and each have a second center of curvature and a second radius of curvature (see at least figure 1, element R2 of Klein).
Regarding claim 6, Klein and/or Klein in view of Fuse discloses the limitations of claim 4.
Klein does not specifically disclose that at least the first radius of curvature or a second radius of curvature in the first reference plane is less than 100 mm.
However, Fuse further teaches that the extensive cover having the outer surface and the inner surface (see at least element CGI of Fuse) of the camera arrangement (see at least figures 1 and 44, paras. [0004], [0074], [0115] of Fuse), including an extensive cover having an outer surface and an inner surface (see at least element CGI of Fuse) include at least the first radius of curvature and a second radius of curvature in the first reference plane is less than 100 mm (see at least paras. [0120], [0125], TABLE 1 of Fuse).
Therefore, it would have been obvious to an ordinarily skilled artisan before the effective filing date of the claimed invention to modify the camera arrangement of Klein and/or Klein in view of Fuse to include the further teachings of Fuse so that at least the first radius of curvature or a second radius of curvature in the first reference plane is less than 100 mm, for the purpose of choosing a desired radius of curvature for the first and second radii to achieve a desired physical size for the extensive cover for a particular camera arrangement application, and/or to achieve the desired optical correction provided by the first and second curved surfaces.
Regarding claim 7, Klein, and/or Klein in view of Fuse discloses the limitations of claim 1, and wherein the cover is configured such that at least in a first reference plane the curvature of the outer surface and the curvature of the inner surface are different from one another at points of intersection of an optical axis of the camera with the cover (see at least figures 1-2, elements 14, 16, 18, 20, D, R1 and R2, col. 2, line 18 through col. 3, line 40 of Klein).
Regarding claim 12, Klein, and/or Klein in view of Fuse discloses a cover for a camera arrangement, wherein the cover is configured for a camera arrangement as claimed in claim 1 (see at least figure 1, extensive cover 14 of Klein, and/or element CG1 of Fuse).
Allowable Subject Matter
Claims 8-9 would be objected to as being dependent upon a rejected base claim if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome the 112(b) rejections set forth above.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 8 would be objected to as being dependent upon a rejected base claim, for at least the reason that the prior art and cited art of record fails to teach or reasonably suggest that the cover is configured such that the first radius of curvature of a first circle of curvature which defines curvature of the outer surface at a point of intersection with the outer surface in the first reference plane and the second radius of curvature of a second circle of curvature which defines an associated curvature of the inner surface in the first reference plane extend along a common center line, wherein the second center of curvature of the second family of second circles is inwardly offset along a common center line vis-a-vis the first center of curvature of the first family of first circles by a wall thickness of the cover at the point of intersection of the optical axis with the outer surface, as generally set forth in claim 8, the device including the totality of the particular limitations recited in claims 1, 4 and 5 from which claim 8 depends.
Claim 9 would be objected to as being dependent upon a rejected base claim, for at least the reason that the prior art and cited art of record fails to teach or reasonably suggest that the cover is curved in such a way in a region of a point of intersection of the optical axis of the camera with the outer surface in the first reference plane that the following applies at least approximately:
R
2
=
R
1
-
(
n
-
1
)
/
d
n
, as generally set forth in claim 9, the device including the totality of the particular limitations recited in claims 1, 4 and 5 from which claim 9 depends.
Other Related Art
This prior art, made of record, but not relied upon is considered pertinent to applicant's disclosure since the following references have similar structure and/or use similar optical elements to what is claimed and/or disclosed in the instant application:
Crowther et al., US 6,180,938 B1, discloses a camera arrangement which disclose at least the limitations of claim 1 (figs. 3-4);
McCarty Jr. et al., US 10,612,898 B2, discloses a camera arrangement which disclose at least the limitations of claim 1 (figs. 4, 7); and
Pohlen et al., US 2022/0063242 A1, discloses a vehicle camera arrangement including a corrective structure (figs. 1-5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK S. CHAPEL whose telephone number is (571)272-8042. The examiner can normally be reached M-F 9:30am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone B. Allen can be reached at 571-272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Derek S. Chapel/Primary Examiner, Art Unit 2872 6/12/2026
Derek S. CHAPEL
Primary Examiner
Art Unit 2872
Prosecution Insights