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 .
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pei US 20190120940.
Regarding clam 1, Pei US 20190120940 discloses (in Fig. 6) a measuring device (600) comprising:
a sensor unit (640/650/620) including a light emitting element (640) configured to emit light and a light receiving element (650) configured to receive reflected light;
an optical unit (612/614) configured to irradiate an object with the light emitted from the light emitting element (640) and configured to cause the light receiving element (650) to receive the reflected light;
a holder (680a-b/630) configured to hold the sensor unit (640/650/620) and the optical unit (612/614) in a relatively movable manner;
a substrate (660) fixed to the holder (680a-b/630); and
a support member (680a/680b) that is deformable and configured to support an end portion of the substrate (660) from the holder (680a-b/630).
Regarding claim 3, Pei discloses the measuring device according to claim1, wherein the support member (680) includes:
a first fixing portion (fastener of 972) configured to fix the support member (680) to the holder (630);
a second fixing portion (fastener of 982) configured to fix the support member (680) to the substrate (660 through 630); and
a coupling portion (972) that is deformable while coupling the first fixing portion (fastener of 972) and the second fixing portion (fastener of 982).
Regarding claim 4, Pei discloses the measuring device according to claim1, wherein the support member (680) includes an alignment pin (pin of 972 in Fig. 9) , and
the substrate (630) includes an alignment portion (972) configured to align the substrate (630) with the alignment pin (pin of 972).
Regarding claim 5, Pei discloses the measuring device according to claim 4 wherein the alignment portion (972) is a concave portion at a peripheral edge of the substrate (630 as depicted in Fig. 9).
Allowable Subject Matter
Claims 2 and 6-9 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 2, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 1, a combination of limitations that “wherein the substrate is fixed to the holder at three corners among four corners of the substrate, and
the substrate is supported from the holder by the support member at a corner of the substrate that is not fixed to the holder”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 6, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 1, a combination of limitations that “a housing configured to accommodate the sensor unit, the optical unit, and the substrate while exposing an incident and emission surface of light of the optical unit; and
an electromagnetic shield member disposed between the substrate and the optical unit”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 7, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 1, a combination of limitations that “a housing; and
a heat transfer sheet sandwiched between the substrate and the housing”.
None of the reference art of record discloses or renders obvious such a combination.
Claims 8-9 depending from claim 7 would therefore also be allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pei US 10955530 Fig. 1-4; Pennecot US 8836922 Fig. 3a-4 disclose a measuring device housing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L AUGUSTIN whose telephone number is (571)270-7659. The examiner can normally be reached Monday - Friday 8 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER L AUGUSTIN/Examiner, Art Unit 2841
/JAMES WU/Primary Examiner, Art Unit 2841
