Ford Global Technologies, LLC

Patent Trials and Appeals Board

Mar 15, 2022

2021003056 (P.T.A.B. Mar. 15, 2022)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/846,000 12/18/2017 Dhaval P. Vaishnav 83909893(65080-2777) 2506 113140 7590 03/15/2022 Bejin Bieneman PLC Ford Global Technologies, LLC 2000 Town Center Suite 800 Southfield, MI 48075 EXAMINER JOSEPH, DEVON A ART UNIT PAPER NUMBER 2846 NOTIFICATION DATE DELIVERY MODE 03/15/2022 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): docket@b2iplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte DHAVAL P. VAISHNAV, YI-HSIN YEN, SYED K. ALI, ANDRE SYKULA, and VENKATESH KRISHNAN Appeal 2021-003056 Application 15/846,000 Technology Center 2800 Before TERRY J. OWENS, RAE LYNN P. GUEST, and JANE E. INGLESE, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), the Appellant1 appeals from the Examiner’s decision to reject claims 1-17 and 19-21. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. The Appellant identifies the real party in interest as Ford Global Technologies, LLC. (Appeal Br. 3). Appeal 2021-003056 Application 15/846,000 2 CLAIMED SUBJECT MATTER The claims are directed to a sensor assembly. Claims 1, 19, and 21, reproduced below, are illustrative of the claimed subject matter: 1. A sensor assembly comprising: a cylindrical sensor window defining an axis; and an annular member coupled to the sensor window and rotatable about the axis, the annular member including a nozzle aimed at the sensor window, the nozzle having a direction of discharge forming an acute angle from a radial direction toward the axis, wherein the acute angle is in a plane orthogonal to the axis. 19. A sensor assembly comprising: a cylindrical sensor window defining an axis; an annular member coupled to the sensor window and rotatable about the axis; means for washing the sensor window; and means for rotating the annular member about the axis, wherein the means for rotating the annular member about the axis are the same as the means for washing the sensor window. 21. A sensor assembly comprising: a cylindrical sensor window defining an axis; and an annular member coupled to the sensor window and rotatable about the axis, the annular member including a nozzle aimed at the sensor window, the nozzle having a direction of discharge forming an acute angle from a radial direction toward the axis, wherein the acute angle is in a plane orthogonal to the axis; wherein the annular member is drivable to rotate around the axis, and the annular member is drivable only by fluid exiting the nozzle. REFERENCES The prior art relied upon by the Examiner is: Appeal 2021-003056 Application 15/846,000 3 Name Reference Date Eineren US 2016/0178898 A1 June 26, 2016 Wakatsuki US 2016/0244028 A1 Aug. 25, 2016 Ina US 2016/0339875 A1 Nov. 24, 2016 Zhao US 2017/0036647 A1 Feb. 9, 2017 McAndrew US 2017/0259789 A1 Sept. 14, 2017 REJECTIONS Claims Rejected 35 U.S.C. § Reference(s)/Basis 1-6, 9, 10, 19, 21 103 Wakatsuki, Zhao 11 103 Wakatsuki, Zhao, McAndrew 12 103 Wakatsuki, Zhao, Ina 7, 8, 13- 17, 20 103 Wakatsuki, Zhao, Eineren OPINION We need address only the independent claims (1, 19, and 21).2 Claim 1 Claim 1 requires a nozzle having a direction of discharge forming an acute angle from a radial direction toward an axis about which an annular member coupled to a sensor window is rotatable, wherein the acute angle is in a plane orthogonal to the axis. Wakatsuki flows cleaning liquid through nozzles (38) axially along the outer surface of a cylindrical body (24) that is rotatable about its axis, is formed of material permeable to electromagnetic waves, and has 2 The Examiner does not rely upon McAndrew, Ina, or Eineren for any disclosure that remedies the deficiency in Wakatsuki and Zhao as to the independent claims (Final 6-13). Appeal 2021-003056 Application 15/846,000 4 electromagnetic energy sensors (30) on its outer periphery’s inner surface (¶¶ 29-31; Figs. 2, 4). Zhao sprays cleaning liquid onto multiple lenses (102, 104) at an angle of 1-20° relative to a plane tangent to their external surface (¶ 109; Fig. 5). Zhao teaches that a “significant advantage to nearly parallel impact of the spray 122 to the lens 104 is that the fluid is fully engaged in pushing the debris off or laterally across the lens, and not in obliquely impacting or bouncing off the lens as would be experienced in higher aim angles, with a more direct impingement” (¶ 90). The Examiner finds that 1) “Zhao teach[es] the nozzle having a direction of discharge forming an acute angle from a radial direction toward the axis in a plane orthogonal to the axis. (Para. 0078)” (Final 3), 2) “ZHAO figure 5 clearly depicts a nozzle outlet orifice (174), in which the angle of spray is between the range of 0 and 90 degrees, which clearly indicates that the nozzle has a direction of discharge forming an acute angle” (Ans. 4), and 3) “ZAHO depicts the fluid spray (112) of the nozzle along axis 112 is at an angle that is an acute angle in a plane that is orthogonal to the axis” (id.). The Examiner concludes (Final 3): [I]t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with the nozzle having a direction of discharge forming an acute angle from a radial direction toward the axis in a plane orthogonal to the axis to the device of Wakatsuki as per Zhao, the motivation being that it ensures that the drivers are provided with enhanced visibility and the vehicle is controlled in an efficient manner. Setting forth a prima facie case of obviousness requires establishing that the applied prior art would have provided one of ordinary skill in the art Appeal 2021-003056 Application 15/846,000 5 with an apparent reason to modify the prior art to arrive at the claimed invention. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007). The Examiner does not establish that in view of 1) Wakatsuki’s disclosure of discharging cleaning liquid along cylindrical body (24)’s surface in its axial direction (¶ 31), 2) Zhao’s disclosure of spraying cleaning fluid along the surface of lenses (102, 104) at an angle of 1-20° relative to a plane tangent to the surfaces (¶ 109), and 3) Zhao’s teaching that a “significant advantage to nearly parallel impact of the spray 122 to the lens 104 is that the fluid is fully engaged in pushing the debris off or laterally across the lens, and not in obliquely impacting or bouncing off the lens as would be experienced in higher aim angles, with a more direct impingement” (¶ 90), one of ordinary skill in the art would have had an apparent reason to spray cleaning liquid onto Wakatsuki’s cylindrical body (24) at an acute angle in a plane orthogonal to its axis. Claim 19 Claim 19 requires an annular member coupled to a cylindrical sensor window defining an axis, means for washing the sensor window, and means for rotating the sensor window about the axis, wherein the means for rotating is the same as the means for washing. Wakatsuki washes the cylindrical body (24)’s outer surface by flowing cleaning liquid through nozzles (38) axially along the outer surface and wiping it with wipers (36), and rotates the cylindrical body (24) by using a motor (34) to rotate a rotary shaft (32) extending along the cylindrical body (24)’s center axis (¶¶ 32, 35; Fig. 4). The Examiner finds (Ans. 5): Appeal 2021-003056 Application 15/846,000 6 [Wakatsuki’s] rotary shaft 32 is rotated about the axis of the device body 24 by driving the motor 34. As disclosed, the means for rotating the annular member about the axis includes member cleaning fluid circulation device 28 to include receiving dish 44 and members filter 42, pump 40 and nozzles 38 and wiping mechanism 26 [(sic, 36)]. Therefore the means for rotating the annular member about the axis are the means for washing the sensor window as one ordinary skill in the art would contemplate in a claim that has a means plus function. The Appellant’s means for washing and means for rotating include the corresponding structure disclosed in the Appellant’s Specification and equivalents thereof. See In re Donaldson Co., 16 F.3d 1189, 1195 (Fed. Cir. 1994). The Appellant’s Specification discloses: A sensor assembly includes a cylindrical sensor window defining an axis, an annular member coupled to the sensor window and rotatable about the axis, means for washing the sensor window, and means for rotating the annular member about the axis. The means for rotating the annular member about the axis are the same as the means for washing the sensor window. [(¶ 21)] . . . . . . The sensor assembly 30 can cause the annular member 34 to rotate without using a motor or the like, reducing the complexity and cost of the sensor assembly 30. [(¶ 24)] The Examiner does not establish that the Appellant’s Specification’s disclosed structure corresponding to the means for washing and means for rotating, and equivalents thereof, encompasses Wakatsuki’s rotary shaft 32, driving motor 34, nozzles 38, wipers 36, and cleaning fluid circulation device 28 including receiving dish 44, filter 42, and pump 40. Appeal 2021-003056 Application 15/846,000 7 Claim 21 Claim 21 requires an annular member that is drivable to rotate about its axis only by fluid exiting a nozzle. The Appellant’s Specification discloses that “[t]he annular member may be rotatingly drivable only by fluid exiting the nozzle” (¶ 20). The Examiner concludes that “the claim does not preclude the assistant [sic] of a motor member to be used to rotate around the axis” (Ans. 6). Although the claim’s “comprising” transition term opens the claim to elements other than those recited, see In re Baxter, 656 F.2d 679, 686 (CCPA 1981), the claim requirement that “the annular member is drivable only by fluid exiting the nozzle” precludes use of a motor to drive the rotation of the annular member. CONCLUSION The Examiner has not set forth a factual basis that is sufficient to support a conclusion of obviousness of the Appellant’s claimed invention. See In re Warner, 379 F.2d 1011, 1017 (CCPA 1967) (“A rejection based on section 103 clearly must rest on a factual basis, and these facts must be interpreted without hindsight reconstruction of the invention from the prior art”). Accordingly, we reverse the rejections. Appeal 2021-003056 Application 15/846,000 8 DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1-6, 9, 10, 19, 21 103 Wakatsuki, Zhao 1-6, 9, 10, 19, 21 11 103 Wakatsuki, Zhao, McAndrew 11 12 103 Wakatsuki, Zhao, Ina 12 7, 8, 13-17, 20 103 Wakatsuki, Zhao, Eineren 7, 8, 13-17, 20 Overall Outcome 1-17, 19-21 REVERSED