DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 15 is objected to because of the following informalities:
In claim 15, line 1, it is suggested that “slated” be changed to “slanted”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8 and 12-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Miller et al. (2023/0302994; see: Provisional application No. 63/260,884) in view of Bauer et al. (2009/0096937) and Rodrigues Barros et al. (7,188,981).
With respect to claims 1-8 and 12-20, Miller teaches a rearview mirror assembly (10) comprising: a housing (12); a printed circuit board (PCB) (paragraph 20 and Fig. 3) located in the housing (Figs. 1-3); a monitoring system comprising: an image capturing module (18); an illumination source (26) connected to the PCB (paragraph 20 and Fig. 3) [claim 1].
Miller does not explicitly teach an optical element aligned with the illumination source including a first major surface facing the illumination source and a second major surface facing away from the illumination source, and a plurality of wedges on at least one of the first major surface and the second major surface extending linearly between opposite sides of the optical element to redirect and spread an illumination from the illumination source toward a desired position in an automobile (claim 1); wherein the plurality of wedges each include a slanted face slopping to define a pitch and two or more of the plurality of wedges include slanted faces slopping to define different pitches (claim 2); wherein the plurality of wedges are only located on the one of the first major surface and the second major surface (claim 3); wherein the plurality of wedges are located on the first major surface (claim 4); wherein the plurality of wedges includes a first plurality of wedges on the first major surface and a second plurality of wedges on the second major surface (claim 5); wherein the first plurality of wedges extend transversely to the second plurality of wedges (claim 6); wherein the first plurality of wedges are arranged in at least one of a vertical or horizontal orientation for directing the illumination in a first direction and the second plurality of wedges are arranged perpendicular to the first plurality of wedges on the first major surface for directing the illumination in a second direction that is different than the first direction (claim 7); wherein the plurality of wedges include each include a slanted face slopping to define a pitch and the first plurality of wedges include slanted faces slopping to define different pitches than the second plurality of wedges (claim 8); a plurality of wedges each including a slanted face extending between a cliff portion and an apex, wherein each cliff portion is planar and faces the same direction and the plurality of wedges are arranged in a tower-grid pattern on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (claim 12); wherein the optical element defines an outer perimeter and the tower-grid pattern includes a plurality of uniform rows and uniform columns of slanted faces (claim 13); wherein the tower-grid pattern extends substantially across the entire outer perimeter (claim 14); wherein each slanted face is planar (claim 15); wherein the apex of each of the plurality of wedges are oriented in the same direction (claim 16); wherein two or more slanted faces of the plurality of wedges slope at different pitches (claim 17); wherein the optical element defines a thickness that tapers between opposite sides of the optical element (claim 18); an optical element spaced from and aligned with the illumination source and coupled directly to the PCB with a connection body, the optical element configured to redirect an illumination from the illumination source toward a desired position in an automobile (claim 19); wherein the optical element includes a first major surface facing the illumination source and a second major surface facing away from the illumination source, and the first plurality of wedges are located on the first major surface and a second plurality of wedges are located on the second major surface to redirect and spread an illumination from the illumination source (claim 20).
As for claim 1, Bauer also drawn to rearview mirror assemblies, teaches an optical element (114) aligned with the illumination source (116) including a first major surface (bottom surface of 114) facing the illumination source and a second major surface (top surface of 114) facing away from the illumination source (Figs. 2-3B), and a plurality of wedges (prisms on item 114 and/or 113) on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (paragraph 114).
As for claim 2, Bauer teaches wherein the plurality of wedges (prisms on 114) each include a slanted face slopping to define a pitch (Fig. 3B) and two or more of the plurality of wedges include slanted faces slopping to define different pitches (see: prisms pitched to the left and pitched to the right in Fig. 3B).
As for claim 3, Bauer teaches wherein the plurality of wedges are only located on the one of the first major surface (Fig. 3B) and the second major surface.
As for claim 4, Bauer teaches wherein the plurality of wedges are located on the first major surface (Fig. 3B).
As for claim 5, Bauer teaches wherein the plurality of wedges (prisms on item 114 AND 113) includes a first plurality of wedges on the first major surface and a second plurality of wedges on the second major surface (Fig. 3B).
As for claim 6, Bauer teaches wherein the first plurality of wedges extend transversely to the second plurality of wedges (paragraph 114).
As for claim 7, Bauer teaches wherein the first plurality of wedges (prisms on 114) are arranged in at least one of a vertical (circular faces have vertical orientation in Fig. 3B) or horizontal orientation for directing the illumination in a first direction and the second plurality of wedges (113) are arranged perpendicular to the first plurality of wedges on the first major surface for directing the illumination in a second direction that is different than the first direction (paragraph 114).
As for claim 8, Bauer teaches wherein the plurality of wedges include each include a slanted face slopping to define a pitch and the first plurality of wedges (circular prisms on 114) include slanted faces slopping to define different pitches (*note that even if the absolute value of the slope is the same, the actual value of the slope will be adjusting along the circular prisms from positive slope to a zero slope to a negative slope) than the second plurality of wedges (horizontal prisms on 113).
As for claim 12, Bauer teaches a plurality of wedges arranged in a tower-grid pattern (Figs. 4A-4B; paragraph 122) on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (Figs. 4A-4B).
As for claim 14, Bauer teaches wherein the tower-grid pattern extends substantially across the entire outer perimeter (Fig. 4A).
As for claim 16, Bauer teaches wherein the apex of each of the plurality of wedges are oriented in the same direction (Fig. 4B).
As for claim 17, Bauer teaches wherein two or more slanted faces of the plurality of wedges slope at different pitches (Fig. 4B).
As for claim 18, Bauer teaches wherein the optical element defines a thickness that tapers between opposite sides of the optical element (Fig. 4B).
As for claim 19, Bauer teaches an optical element spaced from and aligned with the illumination source and coupled directly to the PCB with a connection body, the optical element configured to redirect an illumination from the illumination source toward a desired position in an automobile (Fig. 3B).
As for claim 20, Bauer teaches wherein the optical element includes a first major surface facing the illumination source and a second major surface facing away from the illumination source, and the first plurality of wedges are located on the first major surface and a second plurality of wedges are located on the second major surface to redirect and spread an illumination from the illumination source (Fig. 3B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use the optical element of Bauer in the rearview mirror of Miller, in order to provide a uniform light output (paragraph 122 of Bauer).
As for claim 1, Rodriguez Barros also drawn to rearview mirror assemblies, teaches a plurality of wedges (prisms) on at least one of the first major surface and the second major surface extending linearly between opposite sides of the optical element to redirect and spread an illumination from the illumination source toward a desired position (column 16, lines 24-33).
As for claim 12, Rodrigues Barros teaches a plurality of wedges each including a slanted face extending between a cliff portion and an apex, wherein each cliff portion is planar and faces the same direction and the plurality of wedges are arranged in a tower-grid pattern on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position (column 16, lines 24-33 and Fig. 113B).
As for claim 13, Rodriguez Barros teaches wherein the optical element defines an outer perimeter and the tower-grid pattern includes a plurality of uniform rows and uniform columns of slanted faces (Fig. 113B).
As for claim 15, Rodriguez Barros teaches each slanted face is planar (Fig. 113B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention to use the wedges of Rodriguez Barros in the rearview mirror assembly of Miller, since Rodriguez Barros teaches the circular wedges of Bauer and linear extending wedges are obvious alternatives (column 16, lines 24-33).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 and 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,330,560 in view of Bauer and Rodriguez Barros.
With respect to claims 1-8 and 12-20, claim 1 of U.S. Patent No. 12,330,560 teaches a rearview mirror assembly comprising: a housing; a printed circuit board (PCB) located in the housing; a monitoring system comprising: an image capturing module; an illumination source connected to the PCB [claim 1].
Claim 1 of U.S. Patent No. 12,330,560 does not explicitly teach an optical element aligned with the illumination source including a first major surface facing the illumination source and a second major surface facing away from the illumination source, and a plurality of wedges on at least one of the first major surface and the second major surface extending linearly between opposite sides of the optical element to redirect and spread an illumination from the illumination source toward a desired position in an automobile (claim 1); wherein the plurality of wedges each include a slanted face sloping to define a pitch and two or more of the plurality of wedges include slanted faces sloping to define different pitches (claim 2); wherein the plurality of wedges are only located on the one of the first major surface and the second major surface (claim 3); wherein the plurality of wedges are located on the first major surface (claim 4); wherein the plurality of wedges includes a first plurality of wedges on the first major surface and a second plurality of wedges on the second major surface (claim 5); wherein the first plurality of wedges extend transversely to the second plurality of wedges (claim 6); wherein the first plurality of wedges are arranged in at least one of a vertical or horizontal orientation for directing the illumination in a first direction and the second plurality of wedges are arranged perpendicular to the first plurality of wedges on the first major surface for directing the illumination in a second direction that is different than the first direction (claim 7); wherein the plurality of wedges include each include a slanted face sloping to define a pitch and the first plurality of wedges include slanted faces sloping to define different pitches than the second plurality of wedges (claim 8); a plurality of wedges each including a slanted face extending between a cliff portion and an apex, wherein each cliff portion is planar and faces the same direction and the plurality of wedges are arranged in a tower-grid pattern on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (claim 12); wherein the optical element defines an outer perimeter and the tower-grid pattern includes a plurality of uniform rows and uniform columns of slanted faces (claim 13); wherein the tower-grid pattern extends substantially across the entire outer perimeter (claim 14); wherein each slanted face is planar (claim 15); wherein the apex of each of the plurality of wedges are oriented in the same direction (claim 16); wherein two or more slanted faces of the plurality of wedges slope at different pitches (claim 17); wherein the optical element defines a thickness that tapers between opposite sides of the optical element (claim 18); an optical element spaced from and aligned with the illumination source and coupled directly to the PCB with a connection body, the optical element configured to redirect an illumination from the illumination source toward a desired position in an automobile (claim 19); wherein the optical element includes a first major surface facing the illumination source and a second major surface facing away from the illumination source, and the first plurality of wedges are located on the first major surface and a second plurality of wedges are located on the second major surface to redirect and spread an illumination from the illumination source (claim 20).
As for claim 1, Bauer also drawn to rearview mirror assemblies, teaches an optical element (114) aligned with the illumination source (116) including a first major surface (bottom surface of 114) facing the illumination source and a second major surface (top surface of 114) facing away from the illumination source (Figs. 2-3B), and a plurality of wedges (prisms on item 114 and/or 113) on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (paragraph 114).
As for claim 2, Bauer teaches wherein the plurality of wedges (prisms on 114) each include a slanted face sloping to define a pitch (Fig. 3B) and two or more of the plurality of wedges include slanted faces sloping to define different pitches (see: prisms pitched to the left and pitched to the right in Fig. 3B).
As for claim 3, Bauer teaches wherein the plurality of wedges are only located on the one of the first major surface (Fig. 3B) and the second major surface.
As for claim 4, Bauer teaches wherein the plurality of wedges are located on the first major surface (Fig. 3B).
As for claim 5, Bauer teaches wherein the plurality of wedges (prisms on item 114 AND 113) includes a first plurality of wedges on the first major surface and a second plurality of wedges on the second major surface (Fig. 3B).
As for claim 6, Bauer teaches wherein the first plurality of wedges extend transversely to the second plurality of wedges (paragraph 114).
As for claim 7, Bauer teaches wherein the first plurality of wedges (prisms on 114) are arranged in at least one of a vertical (circular faces have vertical orientation in Fig. 3B) or horizontal orientation for directing the illumination in a first direction and the second plurality of wedges (113) are arranged perpendicular to the first plurality of wedges on the first major surface for directing the illumination in a second direction that is different than the first direction (paragraph 114).
As for claim 8, Bauer teaches wherein the plurality of wedges include each include a slanted face sloping to define a pitch and the first plurality of wedges (circular prisms on 114) include slanted faces sloping to define different pitches (*note that even if the absolute value of the slope is the same, the actual value of the slope will be adjusting along the circular prisms from positive slope to a zero slope to a negative slope) than the second plurality of wedges (horizontal prisms on 113).
As for claim 12, Bauer teaches a plurality of wedges arranged in a tower-grid pattern (Figs. 4A-4B; paragraph 122) on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position in an automobile (Figs. 4A-4B).
As for claim 14, Bauer teaches wherein the tower-grid pattern extends substantially across the entire outer perimeter (Fig. 4A).
As for claim 16, Bauer teaches wherein the apex of each of the plurality of wedges are oriented in the same direction (Fig. 4B).
As for claim 17, Bauer teaches wherein two or more slanted faces of the plurality of wedges slope at different pitches (Fig. 4B).
As for claim 18, Bauer teaches wherein the optical element defines a thickness that tapers between opposite sides of the optical element (Fig. 4B).
As for claim 19, Bauer teaches an optical element spaced from and aligned with the illumination source and coupled directly to the PCB with a connection body, the optical element configured to redirect an illumination from the illumination source toward a desired position in an automobile (Fig. 3B).
As for claim 20, Bauer teaches wherein the optical element includes a first major surface facing the illumination source and a second major surface facing away from the illumination source, and a first plurality of wedges on the first major surface and a second plurality of wedges on the second major surface to redirect and spread an illumination from the illumination source (Fig. 3B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use the optical element of Bauer in the rearview mirror of U.S. Patent No. 12,330,560, in order to provide a uniform light output (paragraph 122 of Bauer).
As for claim 1, Rodriguez Barros also drawn to rearview mirror assemblies, teaches a plurality of wedges (prisms) on at least one of the first major surface and the second major surface extending linearly between opposite sides of the optical element to redirect and spread an illumination from the illumination source toward a desired position (column 16, lines 24-33).
As for claim 12, Rodrigues Barros teaches a plurality of wedges each including a slanted face extending between a cliff portion and an apex, wherein each cliff portion is planar and faces the same direction and the plurality of wedges are arranged in a tower-grid pattern on at least one of the first major surface and the second major surface to redirect and spread an illumination from the illumination source toward a desired position (column 16, lines 24-33 and Fig. 113B).
As for claim 13, Rodriguez Barros teaches wherein the optical element defines an outer perimeter and the tower-grid pattern includes a plurality of uniform rows and uniform columns of slanted faces (Fig. 113B).
As for claim 15, Rodriguez Barros teaches each slanted face is planar (Fig. 113B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention to use the wedges of Rodriguez Barros in the rearview mirror assembly of U.S. Patent No. 12,330,560, since Rodriguez Barros teaches the circular wedges of Bauer and linear extending wedges are obvious alternatives (column 16, lines 24-33).
Allowable Subject Matter
Claims 9-11 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.
With respect to claims 9-11, the prior art does not teach or suggest wherein the plurality of wedges each include a slanted face sloping from an apex in a first direction to define a pitch and a taper along a second direction that is different than the first direction to define a reduction in thickness of the optical element in the second direction; along with the other limiting elements of claims 1 and 9.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Rodriguez Barros reference has been added to teach the amended subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/WILLIAM J CARTER/Primary Examiner, Art Unit 2875 4/10/2026
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