DETAILED ACTION
This is the First Action on the Merits for U.S. Patent Application No. 19/210,152, filed 16 May 2025, which claims foreign priority to Chinese Application No. CN2025106184223, filed 14 May 2025 and to Chinese Application No. CN2024106234514, filed 20 May 2024.
Claims 1–17 are pending.
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 U.S.C. § 112
The following is a quotation of 35 U.S.C. § 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. § 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10, dependent on claim 9, recites that “the second gear” of claim 9 “is a single gear or a set of several gears”. Not only is this limitation tautological by itself (what else would the second gear be, if not one or more than one?), but claim 9 recites “a second gear”. It is a canon of claim construction that a claim term “a” or “an” means “one or more”, and incorporates both the singular and the plural. ABS Global, Inc. v. Cytonome/ST, LLC, 84 F.4th 1034, No. 2022-1761, slip op. at 9 (Fed. Cir. Oct. 19, 2023), Baldwin Graphic Sys. v. Siebert Inc., 85 U.S.P.Q.2d 1503, 1507 (Fed. Cir. 2008). As such, the claim 9 recitation of “a second gear” already incorporates “a single gear or a set of several gears”, rendering claim 10 redundant. Applicant may cancel the claim, amend the claim to place it in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements.
Claim Rejections - 35 U.S.C. § 103
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 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 1–17 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2014/0197649 A1 (“Hansen”) in view of U.S. Patent Application Publication No. 2016/0161831 A1 (“Samardzic”).
Hansen, directed to a movable vehicle camera, teaches with respect to claim 1 a shielding device for a vehicle-mounted camera device having a camera, comprising:
a shielding member having a closed position and an open position (Figs. 1–5, handle 5);
a first motion actuating element (Fig. 1, first pivot arm 16), . . . the shielding member being pivotably connected about a first axis (id., axis 11), and the first motion actuating element being rotatably mounted about a second axis (id., first rotary joint 15) and configured to drive the shielding member to rotate about the second axis relative to the camera (Figs. 1–5, motion of handle 5 relative to camera 12);
a second motion actuating element (Fig. 1, camera holder 19), the second motion actuating element and the shielding member being pivotably connected at a distance from the first axis (Figs. 1–5, camera holder 19 rotates about third rotary joint 20 at a distance from first rotary joint 15 and pushes up handle 5), and the second motion actuating element being configured to drive the shielding member to flip relative to the camera about the first axis (Figs. 1–5, motion of handle 5 relative to camera 12); and
a driving device drivingly connected with the first motion actuating element and the second motion actuating element and configured to drive the first motion actuating element and the second motion (¶ 0010, electric motor that drives the mechanism at first rotary joint 15 or second rotary joint 17);
wherein the shielding member is driven to rotate about the second axis and is concurrently driven to flip about the first axis, so as to move between the closed position and the open position (Figs. 1–5, movement of handle 5).
The claimed invention differs from Hansen in that the claimed invention specifies both the first motion actuating element and the shielding member are pivotably connected about the same first axis. Hansen does not disclose this limitation, the two ends of first pivot arm 16 being analogous to the claimed second axis and the “distance from the first axis”, not the first axis itself. However, Samardzic, directed to a hidden camera assembly for a vehicle, teaches with respect to claim 1 a first motion actuating element and the shielding member being pivotably connected about a first axis (Figs. 2–5, either one of link 28 or support arm 54 that pivots with cover 12).
It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the Hansen system to use two direct link members instead of an indirect multi-hinge linkage, as taught by Samardzic, to achieve the æsthetic effect of keeping the cover, which is a vehicle branding badge, fully visible while in the open position. See, e.g., Penske Lincoln, “Technology that improves your life. The Lincoln MKX and the 360* camera” (online), https://youtu.be/AltisPFl89g (28 September 2016), Drivesanddrifts, “Front Camera of Lincoln MKX Reserve”1 (online), https://youtube.com/shorts/GWkct20Af4M (21 February 2023).
Regarding claim 2, Hansen in view of Samardzic teaches the shielding device according to claim 1, wherein the shielding member covers an entirety of a height range of the camera at one side of the camera when in the closed position, and the shielding member is outside the height range of the camera to expose the camera when in the open position (Hansen Figs. 1–5, positions of camera 12 and handle 5 in open and closed positions).
Regarding claim 3, Hansen in view of Samardzic teaches the shielding device according to claim 2, wherein the first motion actuating element comprises a rotating arm having a first arm end and a second arm end opposite to each other (Samardzic Figs. 2–5, structure of link 28), and
the first motion actuating element is pivotably connected to the shielding member by means of the first arm end (id., ¶ 0028; link 28 connected to cover support bracket 30 at pivot pin 402) and
is drivingly engaged with the driving device by means of the second arm end (Figs. 2–5, ¶ 0031; second link 28 connected to drive motor 18 through first link 26, crank arm 24, driveshaft 34, and gear transmission 20)
so as to rotate the shielding member about the second axis under the drive of the driving device (Figs. 1–5, motion of cover support bracket 30 and consequently cover 12).
Regarding claims 4–6, while both Hansen and Samardzic appear to show individual instances of their linkage members instead of two instances of each of their respective components, modifying either Hansen or Samardzic to incorporate two sets of linkages on the lateral sides of their badge and camera is not considered patentable over the prior art, pending a showing of a new and unexpected result. M.P.E.P. § 2144.04(VI)(B).
Regarding claim 7, Hansen in view of Samardzic teaches the shielding device according to claim 5,
wherein the driving device has an output shaft which is engaged with the second rod (Samardzic ¶ 0031, driveshaft 34); and
wherein the shielding device further comprises a transmission device connecting the driving device to the rotating arm and configured to drive the rotating arm to rotate in the same direction as the second rod (id., gear transmission 20).
Regarding claim 8, Hansen in view of Samardzic teaches the shielding device according to claim 7, wherein the transmission device comprises a gear shaft (Samardzic Figs. 3–5, 8; gears in gear transmission 20).
Regarding claim 9, Hansen in view of Samardzic teaches the shielding device according to claim 7, wherein the gear set comprises:
a first gear connected to the output shaft and to the second rod (Samardzic Figs. 3–5, 8; four gears in gear transmission 20);
a second gear meshed with the first gear (id.); and
a third gear meshed with the second gear and connected to the rotating arm (id.).
Regarding claim 10, Hansen in view of Samardzic teaches the shielding device according to claim 9, wherein the second gear is a single gear or a set of several gears (tautological (see § 112(d) rejection supra); Samardzic Figs. 3–5, 8 (four gears in gear transmission 20)).
Regarding claim 11, Hansen in view of Samardzic teaches a camera device for a vehicle comprising:
a mounting seat (Hansen Fig. 1, camera module housing 8);
a camera disposed on the mounting seat (id., camera 12); and
a shielding device according to claim 13 disposed on the mounting seat (claim 1 rejection supra).
Regarding claim 12, Hansen in view of Samardzic teaches a shielding device for a vehicle-mounted camera device having a camera, comprising:
a mounting seat (Hansen Fig. 1, camera module housing 8)
a shielding member having a closed position and an open position (Figs. 1–5, handle 5);
a first motion actuating element (Fig. 1, first pivot arm 16), . . . the shielding member being pivotably connected about a first axis (id., axis 11), and the first motion actuating element being rotatably mounted about a second axis (id., first rotary joint 15) and configured to drive the shielding member to rotate about the second axis relative to the camera (Figs. 1–5, motion of handle 5 relative to camera 12);
a second motion actuating element comprising a guide slot arranged on the mounting seat (Fig. 1, ¶ 0008; underside of flap 10 forming an opening) and a guide member arranged on the shielding member, (Fig. 1, camera holder 19), the guide member being supported in the guide slot and slidable along the guide slot (Figs. 1–5, camera holder 19 slides under flap 10 to open handle 5), such that the shielding member flips relative to the camera about the first axis while the first motion actuating element drives the shielding member to rotate (Figs. 1–5, motion of handle 5 relative to camera 12); and
the second motion actuating element and the shielding member being pivotably connected at a distance from the first axis (Figs. 1–5, camera holder 19 rotates about third rotary joint 20 at a distance from first rotary joint 15 and pushes up handle 5), and the second motion actuating element being configured to drive the shielding member to flip relative to the camera about the first axis
a driving device drivingly connected with the first motion actuating element and the second motion actuating element and configured to drive the first motion actuating element and the second motion (¶ 0010, electric motor that drives the mechanism at first rotary joint 15 or second rotary joint 17);
wherein the shielding member is driven to rotate about the second axis and is concurrently driven to flip about the first axis, so as to move between the closed position and the open position (Figs. 1–5, movement of handle 5).
The claimed invention differs from Hansen in that the claimed invention specifies both the first motion actuating element and the shielding member are pivotably connected about the same first axis. Hansen does not disclose this limitation, the two ends of first pivot arm 16 being analogous to the claimed second axis and the “distance from the first axis”, not the first axis itself. However, Samardzic, directed to a hidden camera assembly for a vehicle, teaches with respect to claim 1 a first motion actuating element and the shielding member being pivotably connected about a first axis (Figs. 2–5, either one of link 28 or support arm 54 that pivots with cover 12).
It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify the Hansen system to use two direct link members instead of an indirect multi-hinge linkage, as taught by Samardzic, to achieve the æsthetic effect of keeping the cover, which is a vehicle branding badge, fully visible while in the open position. See, e.g., Penske Lincoln, “Technology that improves your life. The Lincoln MKX and the 360* camera” (online), https://youtu.be/AltisPFl89g (28 September 2016), Drivesanddrifts, “Front Camera of Lincoln MKX Reserve”4 (online), https://youtube.com/shorts/GWkct20Af4M (21 February 2023).
Regarding claim 13, Hansen in view of Samardzic teaches the shielding device according to claim 12, wherein the shielding member covers an entirety of a height range of the camera at one side of the camera when in the closed position, and the shielding member is outside the height range of the camera to expose the camera when in the open position (Hansen Figs. 1–5, positions of camera 12 and handle 5 in open and closed positions).
Regarding claim 14, Hansen in view of Samardzic teaches the shielding device according to claim 13, wherein the guide slot is outside the height range of the camera at the one side of the camera (Hansen Figs. 1–5, flap 10 and its opening consistently above camera 12 relative to camera objective 13).
Regarding claims 15–17, while both Hansen and Samardzic appear to show individual instances of their linkage members instead of two instances of each of their respective components, modifying either Hansen or Samardzic to incorporate two sets of linkages on the lateral sides of their badge and camera is not considered patentable over the prior art, pending a showing of a new and unexpected result. M.P.E.P. § 2144.04(VI)(B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2019/0118728 A1 (closest prior art not cited above)
US 2021/0086706 A1
US 2016/0219204 A1
US 2017/0106808 A1
US 2016/0245011 A1
US 2016/0176346 A1
US 2015/0183380 A1
US 2014/0320654 A1
US 2015/0258944 A1
US 2010/0040361 A1
US 2009/0309971 A1
US 2009/0231430 A1
US 2004/0130622 A1
The following prior art was found using an Artificial Intelligence assisted search using an internal AI tool that uses the classification of the application under the Cooperative Patent Classification (CPC) system, as well as from the specification, including the claims and abstract, of the application as contextual information. The documents are ranked from most to least relevant. Where possible, English-language equivalents are given, and redundant results within the same patent families are eliminated. See “New Artificial Intelligence Functionality in PE2E Search”, 1504 OG 359 (15 November 2022), “Automated Search Pilot Program”, 90 F.R. 48,161 (8 October 2025).
JP 2020-094379 A
US 2014/0212122 A1
CN 116386923 A
US 2014/0139981 A1
US 2008/0073929 A1
US 2020/0003319 A1
JP 2006-139126 A
KR 20120000372 A
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David N Werner whose telephone number is (571)272-9662. The examiner can normally be reached M--F 7:30--4:00 Central.
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/David N Werner/Primary Examiner, Art Unit 2487
1 Hashtags in original title omitted.
2 Figures 2 and 3 do not label pivot pin 40.
3 Under United States law, claim 11 is considered dependent on claim 1. 35 U.S.C. § 112(d).
4 Hashtags in original title omitted.
Prosecution Insights