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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6-7, 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 6-7 and 10 set forth directions (fourth, fifth and/or sixth) that are not defined in the specification. Without these defined directions, one of skilled in the art would have to guess as to the directions in which claimed elements are positioned.
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) 1-5, 8, 10, 12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tatara et al. (US 9,120,418 B2).
Re claim 1: Tatara et al. teaches a vehicle lamp (figures 1, 10-13, headlamp HL), comprising:
a housing (1) including an accommodation space (area to the left of housing (1) defined therein, the accommodation space being configured to accommodate a light source (21);
an outer lens (front cover (12) connected to one side of the housing, the outer lens being configured to cover the accommodation space (figure 10); and
a vibration part (3) fixed to one of the housing and the outer lens, the vibration part being configured to generate vibration (column 7, line 11),
wherein the one of the housing and the outer lens, to which the vibration part is fixed, comprises:
a mounting area (see location depicted in figure 10-13) on which the vibration part is mounted; and
a peripheral area (figures 11-13, portion (151)) extending from an edge of the mounting area, the peripheral area being configured to surround the mounting area, and
wherein the peripheral area includes a peripheral part (outermost portion of (15)) having a surface, the surface being configured to protrude or be recessed with respect to the mounting area (column 7, lines 32-35; formed higher satisfying the alternative claimed language “to protrude or be recessed”; and wherein, when one side of the vibration part is viewed parallel to a direction in which the mounting area and the vibration part face each other (see figure 11), a portion (152) of the peripheral area is disposed between the vibration part (3) and the peripheral part.
Re claim 14: Tatara et al. teaches a vehicle (car, figure 1) comprising a vehicle body (B, BP); and a vehicle lamp (headlamp HL) mounted on the vehicle body, wherein the vehicle lamp includes (as seen from figures 10-13):
a housing (1) including an accommodation space (area to the left of housing (1) defined therein, the accommodation space being configured to accommodate a light source (21);
an outer lens (front cover (12) connected to one side of the housing, the outer lens being configured to cover the accommodation space (figure 10); and
a vibration part (3) fixed to one of the housing and the outer lens, the vibration part being configured to generate vibration (column 7, line 11),
wherein the one of the housing and the outer lens, to which the vibration part is fixed, comprises:
a mounting area (see location depicted in figure 10-13) on which the vibration part is mounted; and
a peripheral area (figures 11-13, portion (151)) extending from an edge of the mounting area, the peripheral area being configured to surround the mounting area, and
wherein the peripheral area includes a peripheral part having a surface, the surface being configured to protrude or be recessed with respect to the mounting area (column 7, lines 32-35; formed higher satisfying the alternative claimed language “to protrude or be recessed”; and wherein, when one side of the vibration part is viewed parallel to a direction in which the mounting area and the vibration part face each other (see figure 11), a portion (152) of the peripheral area is disposed between the vibration part (3) and the peripheral part.
Re claim 2: see figure 12 including a peripheral portion (151), a first direction that intersects the peripheral area and wherein a shape of the peripheral portion protrudes and aligned with the predetermined direction.
Re claim 3: see cross members depicted in figure 11 corresponding to the claimed rib that protrude and face the accommodation space.
Re claim 4: see figure 11 in which a recessed groove extending in a second direction provided between stepped protruding portions (152)
Re claim 5: as seen from figures10-11, the vibration part and mounting area face each other in a third direction in which a housing and outer lens are connected as broadly as set forth
Re claim 8: as seen from figure 12 the vibration part (3) is located inside the peripheral part in directions as set forth
Re claim 10: as seen from figure 12, at least a portion of the peripheral part (outside edges) are spaced apart from the vibration part in directions as broadly as set forth
Re claim 12: See figure 2 depicting a connecting part (not labelled located between the boundary of the outer lens (12) and the housing (1)
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.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatara et al. in view of Gottlieb (U. S. Patent 4,903,007).
Re claim 11: the teaching of Tatara et al. is discussed above and incorporated herein. Tatara et al. does not teach that the vibration element used to produce sound is a piezoelectric element. Gottlieb teaches in a similar environment that vibration elements in vehicle light assemblies can be piezoelectric types (element 32; column 2, lines 49-60) to produce sounds. It would have been obvious to one of ordinary skill in the art before the filing of the invention to replace the sound producing element in Tatara et al. with another type of sound producing element, including a piezoelectric type as taught by Gottlieb to predictably provide an alternative way of producing sound in a vehicle lamp. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatara et al. in view of Hisanaga (US 6,340,236 B1).
Re claim 13: the teaching of Tatara et al. is discussed above and incorporated herein. Tatara et al. does not teach that the connection part is a hot melt adhesive. Hisanaga teaches in a similar environment that a lens and housing can be bonded together using a hot melt adhesive (3), column 5, lines 39-41 allowing the adhesive to maintain an adhesive force for long periods of time. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate the hot melt adhesive as taught by Hisanaga to be used in the bonding of a housing and lens cover of Tatara et al. to predictably provide a bond that maintains an adhesive force for long periods of time. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatara et al. in view of Schwab (US 2008/0212335 A1).
Re claim 15: the teaching of Tatara et al. is discussed above and incorporated herein. Tatara et al. does not teach the use of a coupling part used in conjunction with a vibration absorbing material as set forth. Schab teaches in a similar environment to as seen in figure 2 and as discussed in paragraph [0002] the use of a closeout member, made of elastic used for sealing/absorbing vibrations (paragraph [0014], “energy induced” travel. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate such an elastic vibration absorbing material taught by Schwab into the arrangement of Tatara et al. to predictably provide a means for sealing/absorbing vibrations occurring between a vehicle lamp and a vehicle body. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tatara et al. in view of Schwab as applied to claim 15 above, and further in view of Bodensieck et al. (U. S. Patent 4,658,340).
Re claim 16: The teaching of Tatara et al. in view of Schwab is discussed above and incorporated herein. This combination does not teach that the vibration absorbing material (elastic material) is a rubber material. Bodensieck et al. teaches in a similar environment that sealing elements between body parts and a headlight include elastic materials such as rubber, see column 1, lines 11-19 providing sufficient elasticity and resistance to aging. It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate a rubber material as taught by Bodensieck et al. into the arrangement of Tatara et al. in view of Schwab as applied to predictably achieve sufficient elasticity and resistance to aging. Therefor the claimed subject matter would have been obvious before the filing of the invention.
Allowable Subject Matter
Claims 6-7, 9 are objected to as being dependent upon a rejected base claim, but would be allowable over the art of record if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The claimed vehicle lamp including those features of claim 5/1, wherein the outer lens comprises: a transmissive area configured such that a light emitted from the light source passes therethrough; and a light shielding area configured to prevent the light emitted from the light source from passing therethrough, the light shielding area being provided with the mounting area and the peripheral area, and extending in a fourth direction intersecting the third direction, wherein the transmissive area is disposed on the light shielding area in a fifth direction intersecting the third direction and the fourth direction, and wherein the vibration part is configured to be wider in the fourth direction than a first width thereof in the fifth direction as set forth in claim 6 is neither taught by nor an obvious variation of the art of record. The limitations of claim 7 depend upon those features of claim 6. The claimed vehicle lamp including in combination those features of claim 17, wherein the peripheral part includes a closed curve shape configured to surround the vibration part as set forth is neither taught by nor an obvious variation of the art of record.
Response to Arguments
Applicant's arguments filed 10/8/26 have been fully considered but they are not persuasive.
Regarding the rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), applicant points to paragraphs [0011-0012 and 0015] to provide support for the claimed language. Although these sections of the specification present the claimed terms, they are provided under the section of the specification entitled SUMMERY. The part of the written specification entitled DETAILED DESCRIPTION does not mention the claimed features (not enabled) and without a description to describe the arrangement that includes such features, one skilled in the art would not be able to make or use the invention as set forth.
Regarding the newly set forth features provided in claims 1 and 14; note that the vibration part (3) has a flat surfaces on opposite sides or the vibration part with one of these surfaces mounted to a corresponding flat surface of member (15). These surfaces are in a parallel relationship with one another. Also, note member (151) includes stepped surfaces (152) which when the vibration part (3) is mounted on member (151) is disposed between the vibration part and the peripheral part (that part of (151) that is located at the outermost section of the member.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SNIEZEK whose telephone number is (571)272-7563. The examiner can normally be reached Monday-Friday 7:00 AM-3:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SNIEZEK/Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 10/14/26
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