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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “...the first connecting portion and the second connecting portion are; disposed closer to a center axis of the first curved portion and the second curved portion in the second direction as a proportion of the light diverged via the diverging portion gets relatively reduced, and disposed to be more shifted from the center axis of the first curved portion and the second curved portion in the second direction as the proportion of the light diverged via the diverging portion gets relatively increased...,” as recited in claim 2, as well as the cross-sectional areas of the first and second connecting portions variable with an amount of diverged light, as recited in claims 3-4, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 2-4 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.
Regarding claim 2, the limitation recites: “...the first connecting portion and the second connecting portion are; disposed closer to a center axis of the first curved portion and the second curved portion in the second direction as a proportion of the light diverged via the diverging portion gets relatively reduced, and disposed to be more shifted from the center axis of the first curved portion and the second curved portion in the second direction as the proportion of the light diverged via the diverging portion gets relatively increased...,” 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. In the instant case, one of the first and second connecting portions is closer to the center axis CX of the first and second curved portions, not the first and second connecting portions. Furthermore, this is true regardless of how much light is being diverted to one side or the other of the diverting portion based on the position of the light source relative to the diverting portion, and will not change with an amount of diverted light. Clarification from the Applicant is requested and appropriate correction is required.
Regarding claim 3, the limitation recites: “...according to the proportion of the light diverged to the side of the second light guide part and the side of the third light guide part via the diverging portion, cross-sectional areas of the first connecting portion and the second connecting portion are different from each other...,” 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. In the instant case, the cross-sectional areas of the first connecting portion and the second connecting portion are different from each other regardless of the proportion of the light diverged to the side of the second light guide part and the side of the third light guide part via the diverging portion. In other words, the claim reads as though the cross-sectional areas are variable dependent upon the proportion of light being diverted, which is not the case as described in the instant disclosure. Clarification from the Applicant is requested and appropriate correction is required.
Regarding claim 4, the limitation recites: “...the cross-sectional areas of the first connecting portion and the second connecting portion are relatively reduced as the proportion of the light diverged via the diverging portion is relatively increased, and the cross-sectional areas of the first connecting portion and the second connecting portion are relatively increased as the proportion of the light diverged via the diverging portion is relatively reduced...,” 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. In the instant case, the cross-sectional areas of the first connecting portion and the second connecting portion are different regardless of the amount of light being diverted by the diverging portion. In other words, the cross-sectional areas are not variable based on an amount of light being diverted as the claim language implies. Clarification from the Applicant is requested and appropriate correction is required.
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.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bungenstock (DE 102007013082 A1).
Regarding claim 1, Bungenstock discloses a vehicle lamp (Figs. 1a-6) comprising: a light source (1, 1’’); and a light guide body (4) configured to guide light emitted from the light source (as shown in Figs. 1a-6), wherein the light guide body has: a first light guide part (the first light guide part having 6, 6’’ thereon) disposed in front of the light source (as shown in Figs. 1a-6); an incidence section (6, 6’’) that is located on a base end side of the first light guide part (as shown in Figs. 1a-6) and that is configured to cause the light emitted from the light source to enter the first light guide part (as shown in Figs. 1a-6); a diverging portion (the diverging portion located opposite to the incidence section on the first light guide part, as shown in Figs. 1a-6) located on a tip side of the first light guide part (as shown in Figs. 1a-6); a second light guide part (a left or right side of the light guide body extending from said diverging part) extending from the diverging portion toward one side in a first direction (a first direction along said left or right side, as shown in Figs. 1a-6); a third light guide part (the other of the left or right side of the light guide body extending from said diverging part) extending from the diverging portion toward other side in the first direction (as shown in Figs. 1a-6); a first curved portion (the curved portion of said second light guide part) that is a portion of the second light guide part curved from the diverging portion toward the one side in the first direction (as shown in Figs. 1a-6); a second curved portion (a curved portion of said third light guide part) that is a portion of the third light guide part curved from the diverging portion toward the other side in the first direction (as shown in Figs. 1a-6); a first protrusion (a 17 on said first curved portion) protruding from the first curved portion toward a side opposite to the diverging portion (as shown in Figs. 1a-6); and a second protrusion (a 17 on said second curved portion) protruding from the second curved portion toward a side opposite to the diverging portion (as shown in Figs. 1a-6), an optical axis of the light emitted from the light source is arranged to be shifted to the one side or the other side in the first direction with respect to a boundary of the diverging portion (this limitation is entirely functional, thus, as an optical axis of the light emitted from the light source of the device of Bungenstock is arranged to be shifted to the one side or the other side in the first direction with respect to a boundary of the diverging portion, e.g. by simple movement or repositioning of the light source or light guide body, Bungenstock discloses or otherwise implies the above recited claim feature), and according to a proportion of the light diverged to the side of the second light guide part and the side of the third light guide part via the diverging portion (the amount or proportion of light is not recited, especially as it relates to the previously recited functional limitation, thus, the amount to be diverted is merely that as shown by Bungenstock, which discloses this limitation barring any recitation of particular proportions to be diverted to each of the second and third light guide parts), a position of a first connecting portion, at which the first protrusion and the first curved portion are connected, is different from a position of a second connecting portion, at which the second protrusion and the second curved portion are connected, in a second direction which is perpendicular to at least the first direction (as shown in Fig. 4, this is true regardless of the position of the diverging portion relative to said optical axis, as this recitation merely describes that the point of connection of the respective protrusions to the respective curved surfaces is different from one another).
Regarding claim 2, Bungenstock discloses (Figs. 1a-6) the first connecting portion and the second connecting portion are; disposed closer to a center axis of the first curved portion and the second curved portion in the second direction as a proportion of the light diverged via the diverging portion gets relatively reduced (regardless of the amount of diverged light, a first and second connecting portion, of the plurality of connecting portions corresponding to respective protrusions 17, can be selected closer to a center axis of the first and second curved portions being through the middle of the first and second curved portions, respectively), and disposed to be more shifted from the center axis of the first curved portion and the second curved portion in the second direction as the proportion of the light diverged via the diverging portion gets relatively increased (regardless of the amount of diverged light, a first and second connecting portion, of the plurality of connecting portions corresponding to respective protrusions 17, can be selected that are shifted from a center axis of the first and second curved portions being through the middle of the first and second curved portions, respectively).
Regarding claim 3, Bungenstock discloses (Figs. 1a-6) according to the proportion of the light diverged to the side of the second light guide part and the side of the third light guide part via the diverging portion, cross-sectional areas of the first connecting portion and the second connecting portion are different from each other (the cross-sectional area of each connecting portion for elements 17 varies from a middle axis of the light guide body above the light source, as it must in order to produce homogeneous illumination therefrom, as noted in the corresponding description. Thus, regardless of the amount of diverted light, a selection of a respective protrusion and corresponding connecting portion have cross-sectional areas of the first connecting portion and the second connecting portion that are different from each other).
Regarding claim 4, Bungenstock discloses (Figs. 1a-6) the cross-sectional areas of the first connecting portion and the second connecting portion are relatively reduced as the proportion of the light diverged via the diverging portion is relatively increased, and the cross-sectional areas of the first connecting portion and the second connecting portion are relatively increased as the proportion of the light diverged via the diverging portion is relatively reduced (regardless of the amount of diverted light, the cross-sectional areas of the connecting portions of 17 vary in a direction extending away from a center above the light source and along the curved surfaces, as it must in order to produce homogeneous illumination therefrom and noted in the corresponding description. Thus, selection of one connection area closer to the light source and another further away, on respective surfaces, results in a reduced cross-section area and an increased cross-section area).
Allowable Subject Matter
Claim 5 is 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 5, the prior art of record does not teach, or merely suggest, the collective limitations of claim 5, as recited in combination with all of the limitations of claim 1 upon which it depends.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: please see US 11,099,316 B1 to Wichmann and US 2013/0114277 A1 to Faffelberger, pertinent to features recited in the limitations of claims 2-4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Colin J Cattanach whose telephone number is (571)270-5203. The examiner can normally be reached Monday - Friday, 9:30 AM - 6:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached at (571) 272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/COLIN J CATTANACH/Primary Examiner, Art Unit 2875