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 8-9 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.
In claim 8, in the phrase “wherein the first lever and second lever encompass the tappet and/or the compensator on both sides” on lines 2-3, it is unclear if the claimed sides refer to the first lever, second lever, tappet or compensator.
For purpose of examination, and guided by figure 1 of the instant application, the phrase has been interpreted to mean: -- wherein an inner side of the first lever and an inner side of the second lever encompass the tappet and/or the compensator --.
In claim 9, in the phrase “wherein the lever is positioned in the middle of the compensator such that the compensator encompasses the lever on both sides, and/or the lever is positioned in the middle of the tappet, such that the tappet encompasses the lever on both sides” on lines 2-4, it is unclear if the claimed sides refer to the lever, tappet or compensator.
For purpose of examination, and guided by figure 3 of the instant application, the phrase has been interpreted to mean: -- wherein the lever is positioned in the middle of the compensator such that the compensator encompasses the lever on inner sides of the compensator, and/or the lever is positioned in the middle of the tappet, such that the tappet encompasses the lever on inner sides of the tappet--.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 7-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Schaub (WO 2023134818 A1, hereinafter, “Schaub”) in view of Endo et al. (US 20100277935 A1, hereinafter, “Endo”).
Regarding claim 1, Schaub teaches a device (optical system 1, see figures 1-3) for compensating for thermal expansion (equalize or compensate for temperature increases and the associated expansion, see ¶ 10 of “description” section), the device (1) comprising:
a compensator (compensation element 15, see fig 1) configured to expand or contract (due to a coefficient of thermal expansion, see ¶ 14 of “show it” section) in an expansion direction (see direction A, in fig 1), depending on the temperature (due to expansion of 15);
a tappet (first housing part 5, se fig 1) functionally connected to the compensator (15) that moves in a compensation direction (K) (along A) when the compensator (15) expands or contracts along the expansion direction (A);
a lever (lever section 16, see fig 1) that rotationally and/or pivotally connects the compensator (15) to the tappet (5) to obtain the functional connection (as clearly seen in fig 1).
Schaub does not explicitly teach the device in a headlamp.
Endo teaches a device (image device CAM2, see fig 6);
the device (Cam2) in a headlamp (HL, see fig 6).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate device as taught by of Schaub in a headlamp as taught by Endo in order to obtain images at a distant area and a at a vicinity/near area in front of the vehicle. One of ordinary skill would have been motivated to make this modification to easily detect obstacles in front of the device, as combinations of cameras and headlights are well known in the art.
Regarding claim 7, Schaub teaches wherein the tappet (5) has a joint (joint 20, se fig 2) with which the device (1) can be coupled to a light unit (optical component 4, see fig 2).
Regarding claim 8, Schaub teaches further including a second lever (see lower 16, in fig 2), wherein the first lever (upper 16) and second lever (lower 16) encompass the tappet (5) and/or the compensator (15) on both sides (encompassing 15 with inner sides of upper and lower 16, as seen in fig 2).
Regarding claim 15, Schaub as modified by Endo teaches a headlamp (HL) comprising at least one device according to claim 1.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schaub (WO 2023134818 A1, hereinafter, “Schaub”) in view of Endo et al. (US 20100277935 A1, hereinafter, “Endo”) as applied to claim 1 above, and further in view of Takaba et al (JP 2003172864 A, hereinafter, “Takaba”).
Regarding claim 6, Schaub as modified by Endo teaches all the elements of claim 1, but does not explicitly teach wherein at least some sections of the lever are curved.
Takaba teaches a device (mechanism for correcting a change in the focal position, see figure 1) having a lever (lens barrel moving member 25, see fig 1);
wherein at least some sections of the lever (25) are curved (as seen in fig 1).
It would have been an obvious matter of design choice to make at least some sections of the lever of Schaub as modified by Endo being curved as taught by Takaba, since the applicant has not disclosed that having curved sections solves any problem or is for a particular reason. It appears that the claimed invention would perform equally well with curved sections. In this case, selecting a given lever shape would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
Allowable Subject Matter
Claims 2-5, 9-14 and 16-19 are 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.
Regarding claims 2, 5 and 11, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach wherein a hole is positioned in the lever into which a pin is inserted, about which the lever rotates and/or pivots; and
wherein the lever has at least one additional hole into which the insertion pin can be inserted to obtain a different pivotal axis; and
wherein the compensator has a compensator- lever pin about which the first lever and the second lever rotate and/or pivot, wherein the compensator -lever pin is placed in the first hole or the at least one second hole, and the insertion pin is then placed in another of the first hole or the at least one second hole.
Regarding claims 3 and 14, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach a retainer with which the device is adjustably retained on or in the headlamp, wherein the retainer is aligned with the tappet, wherein the retainer and tappet are spaced apart, and the distance between the retainer and the tappet changes with the temperature; and
further comprising a housing that at least partially encloses the compensator, the first lever, a second lever, the insertion pin, retainer, and/or tappet, wherein the insertion pin is placed in a hole in the housing such that the lever pivots about the insertion pin, wherein the housing has a slider with which the housing is moveably supported on and/or in a headlamp.
Regarding claim 4, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach wherein the expansion direction (A) is at an angle to the compensation direction (K).
Regarding claim 9, In view of the Examiner’s interpretation of claim 9 (see 35 U.S.C. 112(b) above), and although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach wherein the lever is positioned in the middle of the compensator such that the compensator encompasses the lever on both sides, and/or the lever is positioned in the middle of the tappet, such that the tappet encompasses the lever on both sides.
Regarding claims 10 and 17-18, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach wherein the insertion pin is placed between the tappet and compensator, or the compensator is placed between the tappet and the insertion pin; and
wherein the insertion pin is placed between the tappet and compensator in the vertical direction (V) and/or in the compensation direction (K); and
wherein the compensator is placed between the tappet and the insertion pin in the vertical direction (V) and/or in the compensation direction (K).
Regarding claims 12 and 19, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach wherein the compensator has a compensator- housing pin about which the compensator rotates and/or pivots; and
wherein the compensator rotates and/or pivots in relation to a housing for the device.
Regarding claim 13, although Schaub and Endo teach the device, as described in claim 1 above, the prior art the prior art of the record fails to teach further comprising a bushing between the lever and tappet, wherein the bushing has at least one sliding surface along which the lever slides.
Regarding claim 16, although Schaub and Endo teach the device, as described in claims 1 and 7 above, the prior art the prior art of the record fails to teach wherein the joint is a ball joint.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kalwa Mathias. (EP 2133722 A1) discloses a device for compensating a focal distance from an optical unit due to thermal expansion. A thermal expansion coefficient of the compensator is formed such that the thermal expansion caused changes of the focal plane of the optical path relative to the optical unit is compensated by the mechanical effects of the compensation body with a simple and compact structure, thus preventing blurring of an image recorded by the camera system when the optical system is used as the camera system.
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/OMAR ROJAS CADIMA/ Primary Examiner, Art Unit 2875