DETAILED ACTION
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.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/19/25 has been entered.
Response to Amendment
The amendments on 08/15/25 have been entered.
Response to Arguments
Applicant’s arguments on page 6-11, filed on 08/15/25 have been fully considered and are not persuasive.
Applicant’s response states that the Office Action misapplies Nerwin v. Erlichman, noting that the case addresses sufficiency of disclosure for interference—not obviousness. Therefore, Nerwin does not support rejecting the claims on obviousness for making elements removable.
The examiner respectfully disagrees. The Office Action references Nerwin v. Erlichman in support that modifying a structure from integral to removable, or separating features, is a routine matter for one of ordinary skill in the art. While Nerwin itself was an interference case dealing with the sufficiency of disclosure for structural elements, it stands for the broader proposition that separating, removing, or making prior art features detachable generally does not amount to patentable distinction unless the modification yields an unexpected or nonobvious benefit.
The prior art teaches the relevant features as an integral part of the assembly. The combination, as claimed, recites a removable front cover and passive light accessory. The mere addition of removability to a previously integral part is considered within the level of ordinary skill, absent a specific teaching, suggestion, or unexpected result. This is consistent with MPEP § 2144, which recognizes routine design variations such as making a structure removable or separable.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/19/25 and 09/29/25 comply with provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statements.
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 1, 3, 4, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264) in view of Salm (US 8,456,107).
Regarding claim 1, Nunnink teaches a machine vision system (fig. 1 and 6; ¶2, machine vision systems and more particularly to optics for use in handheld symbology readers, and methods for use of such optics) comprising, an image sensor assembly (sensor assembly 630) including an image sensor (sensor 138; ¶38; see fig. 6 and ¶4, the camera assembly includes a lens (optics) and an imager (or “sensor”) that provides the array of image pixel information and ¶9, an image sensor operatively connected to a vision processor); a lens assembly (lens assembly 150) positioned in front (shown in fig. 6) of the image sensor assembly (630); an illumination assembly (120, 122; ¶25, The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g., high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity or illumination and fig. 1 and fig. 6) disposed around a portion (shown in fig. 1 and fig 6) of the lens assembly (150), the illumination assembly (120, 122) including, a plurality of multispectral light assemblies (¶25, The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.), wherein each multispectral light assembly of the plurality of multispectral light assemblies (¶25, The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.) includes, a multispectral light source having a plurality of color LED dies configured to generate at least two different wavelengths of light (¶25 The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.). Nunnink does not specifically teach a light pipe positioned in front of the multispectral light source, the light pipe having an exit surface; a diffusive surface on the exit surface of the light pipe; and a projection lens positioned in front of the diffusive surface; and a removable front cover positioned in front of the illumination assembly. However, in a similar field of endeavor, Salm teaches a machine vision system (fig. 2 and 3E), wherein a light pipe (6a/6b) positioned in front of the multispectral light source (4a/4b/4c/4d; col. 6, lines 35-39), the light pipe (6a/6b) having an exit surface (10); a diffusive surface (26 as seen in fig. 3E) on the exit surface (10) of the light pipe (6a/6b); and a projection lens (15) positioned in front of the diffusive surface (26 as seen in fig. 3E); and a front cover positioned in front (where 4a/4b/4c/4d sit) of the illumination assembly (4a/4b/4c/4d), and a passive light accessory (4a/4b/4c/4d and 26) attached to the machine vision system (fig. 2) and positioned in front of the removable front cover (shown in fig. 2 and 3E, where the 4a/4b/4c/4d and 26 sit on). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a system of Nunnink with a light pipe positioned in front of the multispectral light source, the light pipe having an exit surface; a diffusive surface on the exit surface of the light pipe; and a projection lens positioned in front of the diffusive surface; and a removable front cover positioned in front of the illumination assembly and a passive light accessory attached to the machine vision system and positioned in front of the removable front cover of Salm for the purpose of mixing the light passing through the exit surface (col. 7, lines 45-55). Nunnink in view of Salm does not specifically teach a removable front cover and passive light accessory removably attached. It would have been obvious to one of ordinary skill in the art at the time the invention was made to have a removable front cover and passive light accessory removably attached, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. One would have been motivated to make the elements separable for the purpose of easy assembly of the electric device components.
Regarding claim 3, Nunnink in view of Salm teaches the invention as set forth above and Salm further teaches the passive light accessory (4a/4b/4c/4d and 26) is a diffused light assembly configured to convert light transmitted from the illumination assembly to a diffuse light (4a/4b/4c/4d and 26). Motivation to combine is the same as in claim 1.
Regarding claim 4, Nunnink in view of Salm teaches the invention as set forth above and Salam further teaches a portion of the front cover (where the LED 4a/4b/4c/4d sits) is configured to diffuse light (26) from the illumination assembly (4a/4b/4c/4d). Motivation to combine is the same as in claim 1.
Regarding claim 6, Nunnink in view of Salm teaches the invention as set forth above and Nunnink further teaches an illumination sensor positioned to detect light transmitted from the illumination assembly (¶4, the camera assembly includes a lens (optics) and an imager (or "sensor") that provides the array of image pixel information. The vision system processor, as described above, receives the pixel data from the imager/sensor and processes it to derive useful vision system information about the imaged scene and/or object.); and a distance sensor (¶39, distance sensor).
Regarding claim 9, Nunnink in view of Salm teaches the invention as set forth above and Salm further teaches a multiple aperture assembly (two opening for the LED 4a/4b/4c/4d) positioned in front of the lens assembly (6). Motivation to combine is the same as in claim 1.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264) in view of Salm (US 8,456,107) as applied to claim 1 above, and further in view of Tyan et al. (US 20220125280).
Regarding claim 5, Nunnink in view of Salm teaches the invention as set forth above and a portion of the front cover is configured to provide cross-polarization. However, in a similar field of endeavor, Tyan teaches the system, configured to provide cross-polarization (¶103, fig. 9A-9B illustrate example images of red ink-covered on tissue surface where visible illumination occurs without polarization, and with cross-polarization and ¶93, the polarizer rotators 538, 539 are used to synchronize the rotation to form a cross polarization). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide system of Nunnink in view of Salm with a portion of the front cover is configured to provide cross-polarization as taught by Tyan, for the purpose of increasing for finer resolution of angle depending on the application (¶93). Furthermore, it has been held that a mere rearrangement of element without modification of the operation of the device involves only routine skill in the art. In re Japikse, 86 USPQ 70 (CCPA 1950). The rearrangement in this case does not modify the operation of the device because the cross-polarization component still performs the same operation.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264) in view of Salm (US 8,456,107) as applied to claim 6 above, and further in view of Carr et al. (US 20230358891).
Regarding claim 7, Nunnink in view of Salm teaches the invention as set forth above and the distance sensor is a time of flight sensor (TOF). However, in a similar field of endeavor, Carr teaches the system, wherein the distance sensor is a time of flight sensor (TOF) (fig. 1a, ¶73, time-of-flight sensor system). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink in view of Salm with the distance sensor is a time of flight sensor (TOF) of Carr, for the purpose of providing both spot illumination and flood illumination (¶12).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264) in view of Salm (US 8,456,107) as applied to claim 1 above, and further in view of Wierzoch et al. (US 8,704,944).
Regarding claim 8, Nunnink in view of Salm teaches the invention as set forth above and a manual focus adjustment mechanism for adjusting the focus of the lens assembly. However, in a similar field of endeavor, Wierzoch teaches the system (fig. 4), comprising a manual focus adjustment mechanism for adjusting the focus of the lens assembly (col. 7, lines 35-35, a grippable surface 42 around the circumference of the lens barrel 10 to aid with manual focus or zoom). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink in view of Salm with a manual focus adjustment mechanism for adjusting the focus of the lens assembly of Wierzoch, for the purpose of controlling the focus or zoom (col. 7, lines 15-45).
Claims 10, 14-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264).
Regarding claim 10, Nunnink teaches a machine vision system (fig. 1 and 6; ¶2, machine vision systems and more particularly to optics for use in handheld symbology readers, and methods for use of such optics) comprising, an image sensor assembly (sensor assembly 630) including an image sensor (sensor 138; ¶38; see fig. 6 and ¶4, the camera assembly includes a lens (optics) and an imager (or “sensor”) that provides the array of image pixel information and ¶9, an image sensor operatively connected to a vision processor); a lens assembly (lens assembly 150) positioned in front (shown in fig. 6) of the image sensor assembly (630), the lens assembly (150) including a plurality of lenses and a first gear (¶38, focus mechanism 610 for moving the lens assembly 150, the mechanism 610 includes an actuator in the form of a motor 620 having appropriate torque, and where desired, gear reduction to rotate a pinion gear 622 in each of opposing rotational directions) positioned around the lens assembly (¶8,the lens assembly consists of two lenses L1 and L2 separated from each other along an optical axis. In embodiments, L1 and L2 can be represented by groups of lenses. The two lenses L1 and L2 define respective focal lengths f1 and f2 and ¶35 and ¶46); an illumination assembly (120, 122) disposed around a portion (shown in fig. 1 and fig 6) of the lens assembly (150), the illumination assembly (120, 122; ¶25, The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g., high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity or illumination and fig. 1 and fig. 6) including, a housing (see fig. 1); a gear mechanism positioned on an inside surface of the illumination assembly(120, 122) housing (inside of housing shown in fig. 1) movably engaged with the first gear (¶38, focus mechanism 610 for moving the lens assembly 150, the mechanism 610 includes an actuator in the form of a motor 620 having appropriate torque, and where desired, gear reduction to rotate a pinion gear 622 in each of opposing rotational directions and fig. 1 and fig. 6) on the lens assembly (150); an outer surface including an opening configured to receive a tool (632 and 610) to engage the gear mechanism to manually adjust the focus of the lens assembly (150; fig. 6 with the 610 and the pin 632 and ¶38 to ¶40); a front plate having a plurality of openings (shown in fig. 1); and a plurality of multispectral light assemblies (¶25 The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.), and a front cover positioned in front of the illumination assembly (shown in fig. 1 where the light element 120, 122 is on a plate). Nunnink does not specifically teach removable front cover. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a removable front cover, since it have been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. One would have been motivated to make the elements separable for the purpose of easy assembly of the electric device components. Nunnink does not specifically teach engaging the gear mechanism to manually adjust the focus of the lens assembly. It would have been obvious to one having ordinary skill in the art at the time the invention was made to engage the gear mechanism to manually adjust the focus of the lens assembly, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Regarding claim 14, Nunnink teaches the invention as set forth above and Nunnink further teaches the gear mechanism includes, a second gear (large gear 626) positioned on the inside surface of the illumination assembly housing (all components within the housing shown in fig. 1 and 6) and movably engaged with the first gear (¶8, a geared stepper) on the lens assembly (150); and a third gear (pinion gear 622) positioned on the inside surface of the illumination assembly housing (all components within the housing shown in fig. 1 and 6) and movably engaged with the second gear (626).
Regarding claim 15, Nunnink teaches the invention as set forth above and Nunnink further teaches wherein rotation of the third gear (¶8, a geared stepper) drives rotation of the second gear (622) and the first gear (626) to cause movement of at least one lens in the lens assembly (150).
Regarding claim 16, Nunnink teaches the invention as set forth above and Nunnink further teaches wherein the movement of the at least one lens (150; ¶38, focus mechanism 610 for moving the lens assembly 150, the mechanism 610 includes an actuator in the form of a motor 620 having appropriate torque, and where desired, gear reduction to rotate a pinion gear 622 in each of opposing rotational directions and fig. 1 and fig. 6) is towards or away from the image sensor assembly (630 which includes 138).
Regarding claim 17, Nunnink teaches the invention as set forth above and Nunnink further teaches the third gear (¶8, a geared stepper) is configured to be rotated by the tool to adjust the focus of the lens assembly (¶38, the pin 632 allowed the rotation until the necessary focus and the pin 632 controls the gear and stop it).
Regarding claim 19, Nunnink teaches the invention as set forth above and Nunnink further teaches comprising: an illumination sensor positioned to detect light transmitted from the illumination assembly (¶4, the camera assembly includes a lens (optics) and an imager (or "sensor") that provides the array of image pixel information. The vision system processor, as described above, receives the pixel data from the imager/sensor and processes it to derive useful vision system information about the imaged scene and/or object.); and a distance sensor(¶39, distance sensor).
Claims 11-13, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nunnink (US 20140183264) as applied to claim 10 above, and further in view of Salm (US 8,456,107).
Regarding claim 11, Nunnink further teaches each multispectral light assembly of the plurality of multispectral light assemblies (¶25 The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.) comprises, a multispectral light source (120, 122) having a plurality of color LED dies (120, 122) configured to generate at least two different wavelengths of light; a light pipe positioned in front of the multispectral light source (¶25 The illuminator can comprise any arrangement and/or combination of lighting elements in any acceptable arrangement. In this embodiment, and by way of example, light elements (e.g. high-output LEDs) 120, 122 are employed and allow for differing color/wavelength, angle and/or intensity of illumination. The illuminator can include conventional aiming LEDs (not shown) that project a beam onto a field of view to ensure that features of interest (e.g. barcodes or other symbols, also termed "IDs") are properly and fully imaged.). Nunnink does not specifically teach the light pipe having an exit surface; a diffusive surface on the exit surface of the light pipe; and a projection lens positioned in front of the diffusive surface. However, in a similar field of endeavor, Salm teaches the machine vision system (fig. 2 and 3E), wherein the light pipe (6a/6b) having an exit surface (10); a diffusive surface (26 as seen in fig. 3E) on the exit surface (10) of the light pipe (6a/6b); and a projection lens (15) positioned in front of the diffusive surface (26 as seen in fig. 3E). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink with the light pipe having an exit surface; a diffusive surface on the exit surface of the light pipe; and a projection lens positioned in front of the diffusive surface of Salm, for the purpose of mixing the light passing through the exit surface (col. 7, lines 45-55).
Regarding claim 12, Nunnink in view of Salm teaches the invention as set forth above and Salm further teaches each of the plurality of openings (shown in fig. 2) of the front plate of the illumination assembly (4a/4b/4c/4d; col. 6, lines 35-39) is configured to receive a projection lens (15) of a corresponding one of the plurality of multispectral light assemblies (LED 4a/4b/4c/4d; col. 6, lines 35-39). Motivation to combine is the same as in claim 11.
Regarding claim 13, Nunnink teaches the invention as set forth above but does not specifically teach a passive light accessory and attached to the machine vision system and positioned in front of the front cover. However, in a similar field of endeavor, Salm teaches the machine visions system (fig. 2), further comprising a passive light accessory (4a/4b/4c/4d and 26) attached to the machine vision system (fig. 2) and positioned in front of the front cover (shown in fig. 2 and 3E, where the 4a/4b/4c/4d and 26 sit on). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink with a passive light accessory and attached to the machine vision system and positioned in front of the front cover of Salm, for the purpose of providing adjustable light beams (col. 5, lines 10-20). Nunnink in view of Salm does not specifically teach a passive light accessory removably and removable front cover. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a passive light accessory removably and removable front cover, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. One would have been motived to make the elements separable for the purpose of easy assembly of the electric device components.
Regarding claim 18, Nunnink teaches the invention as set forth above but does not specifically teach a portion of the front cover is configured to at least one of (1) diffuse light from the illumination assembly. However, in a similar field of endeavor, Salm teaches the system (fig. 2 and 3E) wherein a portion of the front cover (shown in fig. 2 and 3E, where the 4a/4b/4c/4d and 26 sit on) is configured to at least one of (1) diffuse light from the illumination assembly (4a/4b/4c/4d and 26). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink with a portion of the front cover is configured to at least one of (1) diffuse light from the illumination assembly of Salm, for the purpose of for the purpose of providing adjustable light beams (col. 5, lines 10-20).
Regarding claim 20, Nunnink teaches the invention as set forth above but does not specifically teach a multiple aperture assembly positioned in front of the lens assembly. However, in a similar field of endeavor, Salm teaches the system (fig. 2 and 3E) wherein a multiple aperture assembly (two opening for the LED 4a/4b/4c/4d) positioned in front of the lens assembly (6). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Nunnink with a multiple aperture assembly positioned in front of the lens assembly of Salm, for the purpose of providing adjustable light beams (col. 5, lines 10-20).
Conclusion
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/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 10/13/25