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 § 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 – 12 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.
Independent claim 1 and dependent claim 8 recites “substantially in parallel”. This term of “substantially” is a relative term. The Specification of the present application fails to disclose what requirement would be met for “substantially”.
Allowable Subject Matter
Claims 1 – 12 would be allowable if rewritten or amended 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.
Claims 13 – 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to independent claim 1, Jin (US 7,705,309 B1) is determined to be the closest art, teaching an apparatus, comprising:
an array of micro mirrors configured on a first plane; an image sensor configured on a second plane that is substantially in parallel with the first plane; but the prior art of record fails to teach or reasonably suggest:
a reflective surface positioned spatially between the first plane and the second plane; wherein the reflective surface is configured to direct incoming lights going through a space between the first plane and the second plane towards the micro mirrors; wherein the micro mirrors are operable to reflect first lights, resulting from the reflective surface directing the incoming lights, in angles representative of intensity of infrared radiations absorbed by the micro mirrors; and wherein the image sensor is configured to capture an image of second lights resulting from the micro mirrors reflecting the first lights.
With respect to independent claims 13 and 17, because of the same allowable subject matter as in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIHO KIM, Ph.D. whose telephone number is (571)270-1628. The examiner can normally be reached M-F: 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached at (571)272-2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KIHO KIM, Ph.D.
Primary Examiner
Art Unit 2884
/Kiho Kim/ Primary Examiner, Art Unit 2884
Prosecution Insights