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 .
Information Disclosure Statement
The information disclosure statements submitted on 12/31/2024 and 10/28/2025 have been considered by the examiner and made of record in the application file.
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 9 and 11 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 9 recites the limitation "a/the plurality of radial directions" in Line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "a/the plurality of radial directions" in Lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 depends from Claim 11 and is rejected for the same reasons of indefiniteness as indicated above.
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.
Claim(s) 1 isrejected under 35 U.S.C. 102(a)(2) as being anticipated by Uchida (US 20230327782).
Consider Claim 1, Uchida discloses an underwater optical wireless communication system for acquiring a state of a rotating body rotating underwater, the underwater optical wireless communication system comprising: a first communication device (Figure 3, element 318) provided to the rotating body for rotating together with the rotating body (Paragraph 0037, where element 318 is arranged in runner cone element 20 which is rotating along rotation axis X); and a second communication device (Figure 3, element 4000b within element 400 and Paragraph 0042, where element 400 receives signal from element 318) spaced away from the first communication device in a direction intersecting a rotation axis of the rotating body (Paragraph 0040 where element 400b is on extension of ration axis X and Figure 1, where element 40 is intersecting with rotation axis X) to wirelessly communicate with the first communication device by using light (Paragraph 0042, where element 400 receives optical signal from element 318), wherein the first communication device includes a first light emitter for emitting first light (Paragraph 0038, where element 318 emits optical signal downstream along rotation axis X) to be used for communication with the second communication device as the light in the direction intersecting the rotation axis of the rotating body (Figure 1, where element 40 is downstream intersection with rotation axis X; Figure 3 and Paragraph 0042, where element 400 receives signal from element 318), and an information converter for converting state information (Figure 2, element 308 and Paragraph 0035, where element 308 converts measurement signal) input from a state information detector for detecting the state information (Figure 2, element 300 and Paragraph 0034, where element 300 takes measurement data such as pressure and temperature of element 5; Figure 1 where element 20 is included in element 5 and paragraph 0025, where element 20 is rotated with element 5), which is information on the state of the rotating body, into the first light (Paragraph 0036, where measurement data is supplied to element 318 and Paragraph 0038, where element 318 transmits optical signalwd , and the second communication device includes a second light receiver for receiving the first light (Figure 4, element 4000b).
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.
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.
Claim(s) 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Uchida, and further in view of Naruki (US 20040096224).
Consider Claim 2, Uchida discloses the underwater optical wireless communication system according to claim 1, wherein the second communication device further includes a second light emitter for emitting the second light (Figure 3, element 400a and Paragraph 0043, where element 400a transmits emits optical signal as laser light) but does not disclose the first communication device further includes a first light receiver for receiving second light for communication as the light emitted from the second communication device.
However, Naruki discloses the first communication device further includes a first light receiver for receiving second light for communication as the light emitted from the second communication device (Figure 1, where element 22 has element 21 to transmit signal to element 1 and Paragraph 0024, where element 21 transmits signal to element 21).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Naruki into Uchida to enable communication between two devices.
Consider Claim 13, Uchida discloses the underwater optical wireless communication system according to claim 2, wherein the first communication device further includes a first controller (Figure 3, element 3180c); the second communication device further includes a second controller (Figure 4, element 4000c); the second controller is configured to control the second communication device so as to transmit a control signal that is a signal for controlling the first communication device by using the second light to the first controller (Paragraph 0039, measurement portion and element 316 of first communication system are controlled by optical signal transmitted from air side where second controller is); and the first controller is configured to control the first communication device so as to transmit the state information by using the first light based on the control signal transmitted from the second controller (Paragraph 0036, where measurement data is supplied to element 318 and Paragraph 0038, where element 318 transmits optical signal; Paragraph 0039, measurement portion and controlled by optical signal transmitted from air side where second controller is).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Naruki into Uchida to enable communication between two devices.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Uchida, in view of Naruki and further in view of Swoboda (US 9350458)
Consider Claim 3, Uchida discloses The underwater optical wireless communication system according to claim 2 further comprising a housing for accommodating the first light emitter and the first light receiver and rotating together with the rotating body, wherein the first light emitter includes a first light source for emitting the first light (Figure 0037, where element 3180 includes laser for light source), and a light guide for guiding the first light (Figure 1, element 22 and paragraph 0038, where light from element 3180a travels through element 22 and into element 40, which includes receiver element 4000b), which is emitted from the first light source in the direction intersecting the rotation axis of the rotating body (Paragraph 0038, where element 318 emits optical signal downstream along rotation axis X and Figure 1, where element 40 is downstream intersection with rotation axis X) but does not disclose a housing for accommodating the first light emitter and the first light receiver and rotating together with the rotating body.
However, Swoboda discloses a housing (Figure 8A, element 810) for accommodating the first light emitter (Figure 8A, element 870) and the first light receiver (Figure 8A, element 860) While Swoboda does not explicitly disclose a housing rotating together with the rotating body, it would be obvious that the transmitter and receiver 3180a and 3180b of Uchida can be put in a housing like Swoboda as they are rotating to protect from underwater damage while still maitaing functionality.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Swoboda into Uchida and Naruki to provide protection of device from underwater damage.
Consider Claim 4, Figure 1 of Uchida, Naruki, Swoboda does not disclose the limitations of this claim.
However, Figure 8 of Uchida discloses the underwater optical wireless communication system according to claim 3, wherein the light guide (Figure 8, element 210) is configured to guide the first light in a plurality of radial directions of the rotating body as the direction intersecting the rotation axis of the rotating body (Figure 8, where there are multiple light guide elements 210 in different directions with respect to element 20 and paragraph 0065, where element 210 are in positions perpendicular to axis of rotation X).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Figure 8 of Uchida, Naruki, and Swoboda to provide for transmission of signal to multiple receives in different locations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Uchida, in view of Naruki in view of Swoboda and further in view of Zigan (US 20090182315).
Consider Claim 7, Uchida, and Naruki do not disclose the limitations of this claim.
However, Swoboda discloses wherein the light guide is an optical fiber connected to the first light emitter (Figure 8A, where fiber element 850 is connected to emitter element 870) but does not disclose the optical fiber is configured to emit the first light from a plurality of positions on a side surface of the optical fiber.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Swoboda into Uchida and Naruki to provide protection of device from underwater damage.
However, Zigan discloses the optical fiber is configured to emit the first light from a plurality of positions on a side surface of the optical fiber (Paragraph 0042, where fiber element 510 is rotated so radiation can be emitted in any direction).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Zigan, Naruki, and Swoboda to use side emitting fibers as they are more flexible and can be used in compact spaces.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Uchida, in view of Naruki and further in view of Swoboda and further in view of Kasono (JP 2021028597).
Consider Claim 9, Uchida discloses the underwater optical wireless communication system according to claim 3, wherein the first light source is configured to emit the first light in a direction extending along the rotation axis of the rotating body (Paragraph 0038, where element 318 emits optical signal downstream along rotation axis X) but does not disclose the light guide is a reflective part that is arranged at a position facing the first light source in the housing to reflect the first light in a/the plurality of radial directions of the rotating body.
However, Kasumo discloses the light guide is a reflective part (Figure 1, where element 12s reflects light from light source element 11) that is arranged at a position facing the first light source (Figure 1, where element 12 is facing element 11_to reflect the first light in a/the plurality of radial directions of the rotating body (Pargagraph 0018, where element 12 rotates so element 12s reflects scanning light in different directions). While the reference does not disclose housing in Figure 1, it would be obvious to use the housing Swoboda to protect the light source and reflection part from outside elements.
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kasumo into Uchida, Naruki, and Swoboda to ensure transmitted light reaches destination.
Consider Claim 10, Uchida, Naruki, and Swoboda do not disclose the limitations of this claim.
However, Kasumo discloses wherein the reflective part has a pyramidal(Claim 12, Lines 1-3, where rotating body has reflection part and is in prism shape) and is configured to reflect the first light in the plurality of radial directions of the rotating body (Pargagraph 0018, where element 12 rotates so element 12s reflects scanning light in different directions).
Therefore, it would have been obvious to one of ordinary skill in the art before theeffective filing date of applicant’s claimed invention to have incorporated the teachingsof Kasumo into Uchida, Naruki, and Swoboda to ensure transmitted light reaches destination.
Allowable Subject Matter
Claims 5-6 and 8 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.
Claims 11-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/ASIF SHAMEEM/Examiner, Art Unit 2634
/KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
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