DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s preliminary amendment filed on 03/05/2025 has been entered. Claims 1-10 are pending in this application.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 should be -- wherein the first mask is rotatable between the first position and the second position, the drive means being configured such that rotating the first mask from the first position to the second position in a first direction of rotation causes the second mask move, and rotating the first mask from the first position to the second position in a second direction of rotation opposite to the first direction does not cause the second mask to move --
Appropriate correction is required.
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.
Claims 1-4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over KOELSCH (US 2014/0191859), and in view of HUTTON (US 5,934,794).
Regarding claim 1, KOELSCH discloses a luminous device for projecting an image (4, Fig.1) onto the ground (B, Fig.1) around an automotive vehicle (1, Fig.2), the luminous device comprising a light source (11, Fig.5) capable of producing a light beam, a first pattern (13, Fig.5) being positioned through the light.
KOELSCH fails to disclose a first mask including a first pattern and at least one second pattern, the first mask being movable between a first position and at least a second position, the first pattern being positioned through the light beam when the first mask is in the first position, the second pattern being positioned through the light beam when the first mask is in the second position,
a second mask including a third pattern and at least one fourth pattern, the second mask being movable between a third position and at least a fourth position, the third pattern being positioned through the light beam when the second mask is in the third position, the fourth pattern being positioned through the light beam when the fourth position,
an actuator configured to move the first mask between the first position and at least the second position, a drive means configured to optionally move the second mask between the third position and at least the fourth position at the same time as the first mask.
However, HUTTON discloses a first mask (23, Figs.2-3) including a first pattern (221, Fig.3) and at least one second pattern (222, Fig.3), the first mask movable between a first position and at least a second position (as seen in Figs.2-3, the first mask 23 is movable 25 between a first and second position to select the first and second pattern 221, 222), the first and second pattern positioned through the light beam when the first mask is in the first and second position,
a second mask (33, Figs.2-3) including a third pattern (321, Fig.3) and at least one fourth pattern (322, Fig.3), the second mask movable between a third position and at least a fourth position (as seen in Figs.2-3, the second mask 33 is movable 35 between a third and fourth position to select the third and fourth pattern 321, 322), the third and fourth pattern positioned through the light beam when the second mask is in the third and fourth position.
an actuator (25, Fig.2) configured to move the first mask between the first position and at least the second position, a drive means (35, Fig.2) configured to optionally move the second mask between the third position and at least the fourth position at the same time as the first mask (as seen in Figs.2-3, the drive means 35 was considered to be generally capable of moving the second mask 33 between the third and fourth position at the same time as the first mask 23).
Therefore, in view of HUTTON, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second mask as taught by HUTTON to the luminous device of KOELSCH in order to project a desired image.
Regarding claim 2, KOELSCH modified by HUTTON as discussed above for claim 1 further discloses wherein the first mask and the second mask are movable in rotation about the same axis (as seen in Fig.2 of HUTTON, since the first and second mask 23, 33 were considered to be generally along the same optical axis, the first and second mask 23, 33 were considered to be movable in rotation about the same axis).
Regarding claim 3, KOELSCH modified by HUTTON as discussed above for claim 1 further discloses wherein the first mask has a generally circular shape, the patterns of the first mask being distributed around a center of the first mask (as seen in Figs.2-3 of HUTTON, the first mask 23 has a circular shape, and the patterns 221, 222 are distributed around a center of the first mask 23), and/or in that the second mask has a generally circular shape, the patterns of the second mask being distributed around a center of the second mask (as seen in Figs.2-3 of HUTTON, the second mask 33 has a circular shape, and the patterns 321, 322 are distributed around a center of the second mask 33).
Regarding claim 4, KOELSCH modified by HUTTON as discussed above for claim 1 further discloses wherein the first mask extends in a first plane and in that the second mask extends in a second plane, the second plane being parallel to the first plane and offset from the first plane (as seen in Fig.2 of HUTTON, the first mask 23 extends in a vertical plane and the second mask 33 extends in another vertical plane).
Regarding claim 10, KOELSCH modified by HUTTON as discussed above for claim 1 further discloses wherein the first mask is rotatable between the first position and the second position, the drive means being configured such that rotating the first mask from the first position to the second position in a first direction of rotation causes the second mask move, and rotating the first mask from the first position to the second position in a second direction of rotation opposite to the first direction does not cause the second mask to move.
The limitation was considered to describe the operation of the first and second mask without the structure performing the operation. As a result, the functional limitation was considered to be met as long as the device can perform the function. In this case, the luminous device of KOELSCH modified by HUTTON as discussed above for claim 1 discloses the first and second mask rotates. As a result, the second mask was considered to rotate when the first mask rotates, and the first mask was considered to rotate when the second mask does not rotate.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over KOELSCH (US 2014/0191859) modified by HUTTON (US 5,934,794), and in view of CHEN (US 2018/0170244).
Regarding claim 5, KOELSCH modified by HUTTON fails to explicitly disclose wherein the first pattern includes at least one opaque zone and at least one transparent zone, and/or in that the second pattern includes at least one opaque zone and at least one transparent zone.
However, CHEN discloses a pattern (132a, Fig.3-1) includes at least one opaque zone and at least one transparent zone (as seen in para[0023], the pattern 132a includes an opaque zone [e.g. a light shielding zone] and a transparent zone to form an image).
Therefore, in view of CHEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an opaque zone and a transparent zone as taught by CHEN to the first pattern of KOELSCH modified by HUTTON in order to form an image.
Regarding claim 6, KOELSCH modified by HUTTON and CHEN as discussed above for claim 5 fails to explicitly disclose wherein the third pattern and/or the fourth pattern includes at least one opaque zone having a shape substantially homothetic to the shape of the at least one transparent zone of the first pattern and/or of the second pattern, the opaque zone of the third pattern and/or of the fourth pattern being capable of extending face-to-face with the at least one transparent zone of the first pattern and/or of the second pattern.
However, CHEN further discloses a pattern (132a, Fig.3-1) includes at least one opaque zone and at least one transparent zone (as seen in para[0023], the pattern 132a includes an opaque zone [e.g. a light shielding zone] and a transparent zone to form an image).
Therefore, in view of CHEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an opaque zone and a transparent zone as taught by CHEN to the third pattern of KOELSCH modified by HUTTON in order to form an image. As a result, the third pattern would have a shape substantially homothetic to the shape of the transparent zone of the first pattern, and the opaque zone of the third pattern would have been capable of extending face-to-face with the transparent zone of the first pattern.
Regarding claim 7, KOELSCH modified by HUTTON fails to explicitly disclose wherein the first pattern and/or the second pattern includes at least one opaque zone, a first transparent zone and at least one second transparent zone, the second transparent zone being separated from the first transparent zone by the opaque zone of the first mask, the third pattern and/or the fourth pattern includes a transparent zone and an opaque zone, the transparent zone of the third pattern and/or of the fourth pattern being able to extend face-to-face with the first transparent zone of the first pattern and/or of the second pattern, and the opaque zone of the third pattern and/or of the fourth pattern being able to extend face-to-face with the second transparent zone of the first pattern and/or of the second pattern.
However, CHEN discloses a pattern (132a, 132b, Fig.3-1) includes at least one opaque zone, a first transparent zone (132a, Fig.3-1), and a second transparent zone (132b, Fig.3-1) separated from the first transparent zone by the opaque zone.
Therefore, in view of CHEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an opaque zone, a first transparent zone, and a second transparent zone as taught by CHEN to the first pattern of KOELSCH modified by HUTTON in order to form multiple images.
Therefore, in view of CHEN, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an opaque zone and a transparent zone as taught by CHEN to the third pattern of KOELSCH modified by HUTTON in order to form an image. As a result, the transparent zone of the third pattern would have been able to extend face-to-face with the first transparent zone of the first pattern, and the opaque zone of the third pattern would have been able to extend face-to-face with the second transparent zone of the first pattern.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over KOELSCH (US 2014/0191859) modified by HUTTON (US 5,934,794), and in view of ONISHI (US 2005/0094291)
Regarding claim 8, KOELSCH modified by HUTTON fails to disclose wherein the drive means includes a first stop secured to the first mask, the first stop cooperating with a second stop secured to the second mask, in such a way that the movement of the first mask causes the second mask to move when the first stop is in abutment against the second stop.
However, ONISHI discloses a first stop (12a, Fig.1A) secured to a first mask (12, Fig.1A), the first stop cooperating with a second stop (13a, Fig.1A) secured to a second mask (13, Fig.1A) such that the movement of the first mask causes the second mask to move when the first stop is in abutment against the second stop.
Therefore, in view of ONISHI, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first and second stop as taught by ONISHI to the first and second mask of KOELSCH modified by HUTTON in order to provide an alternative mechanism for moving the first and second mask.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over KOELSCH (US 2014/0191859) modified by HUTTON (US 5,934,794), and in view of SUMMERLAND (US 5,739,604).
Regarding claim 9, KOELSCH modified by HUTTON fails to disclose wherein the drive means includes electromagnetic means configured to optionally secure the second mask to the first mask and/or to an element of the actuator.
However, SUMMERLAND discloses electromagnetic means (22, Fig.3) configured to optionally secure a second mask (21, Fig.3) to an element (14, 16, 17, Fig.3) of an actuator (15, Fig.3; as seen in Fig.3, the electromagnetic means 22 was considered to generally secure the second mask 21 in that the electromagnetic means 22 secures the control of the second mask 21).
Therefore, in view of SUMMERLAND, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate electromagnetic means as taught by SUMMERLAND to the luminous device of KOELSCH modified by HUTTON in order to control the second mask.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20060187654, US 20230358381, US 20200088379, US 20160290597, and US 10738960 discloses a light source, a mask, and an actuator to drive the mask
Examiner’s Comment
It is noted that the features of the applicant’s invention are recited in separate dependent claims. It is suggested to incorporate a combination of the features to the independent claim(s) in order for the claims to reflect the applicant’s invention.
Conclusion
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/J.M.E/Examiner, Art Unit 2875
/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875