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 Group I (Claims 1-8) in the reply filed on 7/22/26 is acknowledged. The traversal is on the ground(s) that the subcombination claim (the mounting bracket of claim 15) is specifically configured for, tailored to, and inextricably linked with the object sensor of the combination claim. Specifically, the subcombination claim explicitly recites features dependent upon the physical characteristics of the subcombination claim explicitly recites features dependent upon the physical characteristics of the sensor.
This is not found persuasive because the mounting bracket of claim 15 does not require that the sensor be part of the claimed mounting bracket. Claim 15 separately requires the bracket be mountable at a loading dock with at least one wall vertically above the compartment; claim 1 does not require those particulars of the bracket. The bracket can also be used to mount a camera suitably sized for general monitoring in any location. Therefore, the mounting bracket has separate utility from the vehicle sensor apparatus of claim 1.
Further examination of the bracket construction also requires a search in the mounting hardware field in addition to the vehicle sensor apparatus field. Therefore, applicants’ arguments do not overcome the distinctness and search burden stated in the restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
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 1-8 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 1 recites, “a thickness of the object sensor is less than the first and second distances,” which as written is vague and indefinite. In that the claim does not specify which dimension of the sensor is it’s “thickness,” it is unclear whether that thickness is less than both wall distance.
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 is/are rejected under 35 U.S.C. 102a)(1) as being anticipated by US 9,194,725 to Kaufmann et al.
Regarding claim 1, Kaufmann ‘725 discloses a vehicle sensor apparatus comprising: a mounting bracket 5 comprising: a base portion 12 including a mounting portion 12a to mount the mounting bracket to a surface and a sensor receiving portion; a first wall portion 12c extending from a first peripheral side of the base portion 12 by a first distance; and a second wall portion 12d extending from a second peripheral side of the base portion 12 by a second distance, the first peripheral side different than the second peripheral side (Figs. 2-3; col. 3 lines 27-30), wherein the base 12, the first wall portion 12c, and the second wall portion 12d together define a compartment; and an object sensor 6 disposed in the compartment and coupled to the base portion 12 at the sensor receiving portion 14, wherein the mounting bracket 5 is mountable to the surface in at least two different orientations (col. 4, lines 6-17), wherein the object sensor is couplable to the mounting bracket in at least two orientations (col. 3, lines 47-55), and wherein a thickness of the object sensor is less than the first and second distances (Figs. 2-3).
Allowable Subject Matter
Claims 2-8 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.
The following is a statement of reasons for the indication of allowable subject matter: note the consecutively arranged sides and the base portion having only those sides; note the single piece bracket with bent wall bent from the base portion; note the mounting portion having a non-threaded opening and threaded opening in the second receiving portion; note the details of the object sensor sensitivity along on first horizontal axis and a second axis, the first sensitivity being less than the second.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, if applicable. The list of supports is as follows: US-7717004-B2 OR US-11690184-B2 OR US-11760274-B2 OR US-7546780-B2 OR US-12139182-B2 OR US-6892594-B2 OR US-6550679-B2 OR US-20100148027-A1 OR US-20090206218-A1 OR US-20150305502-A1 OR US-20120126081-A1 OR US-20160242546-A1 OR US-2599303-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MONICA E MILLNER/Primary Examiner, Art Unit 3632
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