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.
Claim 10 is 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.
Claim 10 includes a limitation describing a thickness dimension of the cylindrical portion “in a natural state.” It is not clear what the “natural state” of the cylindrical portion is. The specification discloses: “a natural state (a state before being elastically compressed).” See e.g. Spec. ¶ 49. It is not clear if not being elastically compressed is merely one example of a “natural state”, or if this parenthetical is intended to act as a limiting definition of this term.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han, KR 20220052379.
Claim 1: Han discloses an imaging apparatus comprising:
an imaging unit configured to image a subject (Fig. 2: camera module 130. See also pg. 3);
a cover member including a spherical portion that is light transmissive, the spherical portion covering the imaging unit (Fig. 2: dome cover 150 is light transmissive and covers the camera module. See pg. 4.);
an exterior member to which the cover member is fixed on an inner surface side and in which an opening through which the spherical portion protrudes toward an outer surface side is formed (Fig. 2: housing cover 140. The cover 150 is fitted on an inner surface of housing 140, and the dome portion of the cover 150 extends through an opening in the housing. See pg. 4.); and
a packing interposed between the cover member and the exterior member (Fig. 3: O-ring 340 is located between cover 150 and housing 140. See pg. 6. This O-ring meets the broadest reasonable interpretation of the claimed “packing.”), wherein
the exterior member includes an inner circumferential surface forming the opening, the inner circumferential surface being at a predetermined interval from an outer surface of the spherical portion (See Fig. 3: housing 140 has hole 145 at predetermined distance (or interval) from the outer circumference of the housing), and
the packing includes a dirt prevention portion sandwiched between the outer surface of the spherical portion and the inner circumferential surface of the exterior member and elastically compressed (The O-ring 350 is an elastic member that is sandwiched between the housing 140 and cover 150. See pg. 6. Because the O-ring 350 is made of material “having elasticity,” the POSITA would understand that to achieve its intended purpose of sealing the interior of the unit requires it to be elastically compressed. Because this O-ring causes the imaging unit to be “completely sealed” (see pg. 6), the O-ring is a dirt prevention portion as this limitation requires.).
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Van Den Brink, US 20230244128.
Claim 2: Han does not disclose that the inner circumferential surface includes a first inner circumferential surface extending toward the outer surface side of the exterior member in a direction in which a diameter of the opening decreases, and the dirt prevention portion is sandwiched between the outer surface of the spherical portion and the first inner circumferential surface and elastically compressed.
Van Den Brink discloses an imaging apparatus with an exterior member having an inner circumferential surface that includes a first inner circumferential surface extending toward the outer surface side of the exterior member in a direction in which a diameter of the opening decreases (Lens fixation portion 33 forms an opening in the exterior member, where the diameter of the opening decreases as claimed. Fig. 1a and ¶ 45.), and an O-ring portion that is sandwiched between the outer surface of the spherical portion and the first inner circumferential surface and elastically compressed (An O-ring is provided between the lens 4 (spherical portion) and the lens fixation portion 33 (inner circumferential surface). ¶ 60. As described in the rejection of claim 1, the POSITA would appreciate that for this O-ring to provide its intended sealing requires it to be elastically compressed. ).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Han with these teachings in Van Den Brink by providing a fixation portion connecting Han’s housing cover 140 and dome cover 150, and an O-ring between the two. The rationale for this modification would have been to further improve the seal between the dome cover and the housing cover.
Claim 3: the Han-Van Den Brink combination discloses that the dirt prevention portion is curved along the outer surface of the spherical portion and the first inner circumferential surface (This will implicitly occur when the O-ring in Van Den Brink is elastically compressed against the curved surface of the cover 15. See Fig. 1a and ¶ 60.).
Claim 4: the Han-Van Den Brink combination discloses that a distal end of the dirt prevention portion is located on the inner surface side relative to an outer surface of the exterior member (Han Fig. 2-3; Van Den Brink ¶ 60.).
Claim 5: the Han-Van Den Brink combination discloses that the cover member includes a flange portion protruding outward in a radial direction relative to the spherical portion, the flange portion being continuous in a circumferential direction (Han Fig. 2(a) shows that the dome cover 150 contains a flange as claimed), and the packing includes a water stop portion elastically compressed between the flange portion and an inner surface of the exterior member (Han pg. 6 – the O-ring is compressed between the housing cover and dome cover flange, and completely seals the housing. This O-ring therefore includes a water stop portion.).
Claim 6: the Han-Van Den Brink combination does not disclose that the water stop portion includes a protrusion protruding toward at least one of the flange portion or the inner surface of the exterior member, the protrusion being continuous in the circumferential direction. Official notice is taken that this type of sealing member was well known in the art before the effective filing date of the claimed invention. Therefore it would have been obvious to the POSITA to modify the Han-Van Den Brink combination to include this, the rationale being to improve the seal between dome cover and the housing.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over the Han-Van Den Brink combination in view of Chivers, US 20120281083.
Claim 7: the Han-Van Den Brink combination does not disclose a fixing member located on a side opposite to the exterior member with the flange portion interposed between the exterior member and the fixing member, wherein the fixing member is fastened to the inner surface of the exterior member with a screw, and thus the water stop portion is elastically compressed between the flange portion and the inner surface of the exterior member.
Chivers discloses a fixing member located on a side opposite to an exterior member with a flange portion interposed between the exterior member and the fixing member, wherein the fixing member is fastened to an inner surface of the exterior member with a screw, and thus a water stop portion is elastically compressed between the flange portion and the inner surface of the exterior member (Fig. 2-3 and ¶¶ 56-57).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify the Han-Van Den Brink combination to include a fixing member as is suggested in Chivers, the rationale being to further improve the seal between the housing and the dome cover.
Claim 8: the above combination does not disclose that the packing includes a cylindrical portion connecting the dirt prevention portion and the water stop portion and extending in an axial direction. Official notice is taken that this type of sealing member was well known in the art before the effective filing date of the claimed invention. Therefore it would have been obvious to the POSITA to modify the Han-Van Den Brink combination to include this, the rationale being to improve the seal between dome cover and the housing.
Claim 9: the Han-Van Den Brink-Chivers combination, as modified in the rejection of claim 8, renders obvious: the cover member includes an intermediate portion having a cylindrical shape, the intermediate portion connecting an end portion of the spherical portion and the flange portion and extending in the axial direction, the inner circumferential surface includes a second inner circumferential surface having a cylindrical shape, the second inner circumferential surface extending from the first inner circumferential surface toward the inner surface side of the exterior member (See Han Fig. 2-3 and Van Den Brink Fig. 1a), and the cylindrical portion is accommodated in a space defined by an outer circumferential surface of the intermediate portion and the second inner circumferential surface (This is the inherent result of modifying the system as described in the rejection of claim 8).
Claim 10: the Han-Van Den Brink-Chivers combination fails to disclose that a thickness dimension of the cylindrical portion in a natural state is smaller than a clearance between the outer circumferential surface of the intermediate portion and the second inner circumferential surface in the radial direction. But official notice is taken that it was well known to provide cylindrical sealing members that have these relative dimensions. It would have been obvious to the POSITA to modify the Han-Van Den Brink-Chivers combination to include this, the rationale being to enable the sealing member to be easily inserted during installation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J HANCE whose telephone number is (571)270-5319. The examiner can normally be reached M-F 11:00am-7:00pm ET.
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/ROBERT J HANCE/ Reexamination Specialist, Art Unit 3992
