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 .
Response to Arguments
35 U.S.C. §103
2. Applicant's arguments, see Remarks pp. 8 -12, filed October 29th 2025, with
respect to the rejections of claims 1 – 15 and 17 - 26 under 35 U.S.C. §103 have been fully considered but they are not persuasive.
Applicant argues that the separator in the Kumar reference is marked as ‘Optional’ in Fig.1 and further in Fig. 16A it can be seen that at least two objects are present under the detection system and concludes that the Kumar reference does not teach the mandatory isolation of objects, thus Kumar does not teach the necessity of singulating objects as the objects are acted upon.
Examiner respectfully disagrees and submits that the Kumar reference teaches the claim as recited. Citing paragraph [0053] of the Kumar reference, Kumar teaches, “the scrap pieces may be positioned into one or more singulated (i.e., single file) streams, which may be performed by an optional active or passive singulator 106”. A further reading of the cited paragraph states, “As previously discussed, incorporation or use of a singulator is not required. Instead, the conveyor system ( e.g., the conveyor belt 103) may simply convey a collection of scrap pieces, which have been deposited onto the conveyor belt 103 in a random manner.” Moreover, applicant’s preamble using the terminology, “comprising” making the claim open ended as to its constituent members and not a claim term, “consisting of”, or “consisting essentially of”.
From the above, Kumar is teaching two (2) ways of having the objects deposited on a conveyor belt and that is why if one chooses a randomized manner it makes the singulator optional in a “passive” role and should not be read as the singulator is not mandatory, however, if a random technique is not used then an active singulator is used. Clearly an active singulator teaches all fours of the applicants claimed limitation on the use of a singulator.
Secondly, applicant argues that in the Deppermann reference, “the single object verification sensor 158” is not a sensor for detecting material properties (as recited in the claims). Deppermann’s disclosure only describes a method for counting a certain number of objects, not for detecting material properties or acting as result of a detected material property.
Examiner respectfully states that the detection of the material properties is taught in the Kumar reference in paragraph [0054] where the vision system with its live action camera captures, “certain types of identification ( e.g., classification) of all or a portion of the scrap pieces 101. For example, such a vision system 110 may be utilized to acquire information about each of the scrap pieces 101. For example, the visionsystem 110 may be configured ( e.g., with a machine learning system) to collect any type of information that can be utilized within the system 100 to selectively sort the scrap pieces 101 as a function of a set of one or more (userdefined) physical characteristics, including, but not limited to, color, hue, size, shape, texture, overall physical appearance, uniformity, composition, and/or manufacturing type of the scrap pieces 101” The Deppermann reference teaches the senor being on a tubular structure.
Applicant then argues in conclusion, it would not have been obvious to combine the references as set forth in the action.
Examiner respectfully disagrees and submits that the Kumar and Depperman reference are analogous art. A prior art searched with such embodiments in mind resulted in the above referenced art as pertinent to applicants disclosure. They both teach passing objects through a conveyor system where a level of detection of objects is performed. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, this case both Kumar and Deppermann are concerned with analyzing objects through a conveyor system to detect properties of the objects through a use of a detecting mechanism.
Claim Rejections – 35 U.S.C. §103
3. 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.
4. The factual inquiries set forth in Graham v John Deere Co., 383 U.S. 1, 148 USPQ
459 (1966), that are applied for establishing a background for determining obviousness
under 35 U.S.C. 103 are summarized as follows:
a. Determining the scope and contents of the prior art
b. Ascertaining the differences between the prior art and the claims at issue
c. Resolving the level of ordinary skill in the pertinent art
d. Considering objective evidence present in the application indicating
obviousness or nonobviousness
Claims 1, 6, 7, 15, 17 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar in view of Depperman et al. (United States Patent Publication Number 20110132721), hereinafter referred to as Depperman.
Regarding claim 1 Kumar teaches a sorting method (a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) comprising the steps of: a. providing a plurality of objects; (scrap materials [0060]) such as “objects” b. singulating the objects; (the scrap pieces may be positioned into one or more singulated (i.e., single file) streams, which may be performed by an optional active or passive singulator 106. [0053]) c. analyzing (a composition analysis is performed [0040]) the singulated objects, (singulated scrap pieces [0053]) wherein at least one material property (material composition (e.g., aluminum (cast or wrought))) [0066]) is respectively detected (detected/extracted features ( e.g., observed characteristics) [0070]) for the objects; (scrap materials [0060]) such as “objects” d. comparing the detected at least one material property with reference material properties stored in a database, (compare the extracted features with those stored in the knowledge base [0073]) to which a target address is respectively assigned, (material type classifications [0039]) such as “target address” and detecting a fraction affiliation of the objects; (In accordance with certain embodiments of the present disclosure, another sort ( or plurality of sorting cycles) can be performed on these remaining aluminum scrap pieces (also referred to herein as the cast fraction) in order to remove other impurities (e.g., scrap pieces composed of PCB, stainless steel, foam, rubber, etc.). [0046]) (The cast fraction may include cast alloys such as 319, 356, 360, and/or 380 series alloy pieces. These alloys contain varying amounts of silicon, Cu, Zn, Fe, and Mn, but contain extremely small amounts of Mg, typically 0-0.6%. When the cast fraction scrap is melted, the molten aluminum can be manufactured into a cast alloy (e.g., 380 or 384 series) without the need to remove any magnesium [0047]) SEE ALSO TABLE 5 and e. sorting (sorting [0031], [0037], [0039], [0040], [0045]) the singulated objects (singulated scrap pieces [0053]) according to the target address assigned (material type classifications [0039]) such as “target address” to their detected (for each scrap piece, the type of material is identified/classified based on the detected features. [0073]) at least one material property (cast, extruded, and/or wrought alloys, and thus may contain significant amounts of Si, Mg, Fe, Mn, Cu, and Zn, and can vary significantly from lot to lot depending on the composition of scrap metals being shredded [0042]) via one of the (compare [0073]) reference material properties in the database; (features stored in the knowledge base [0073]) for detecting the at least one material property is arranged (the vision system 110 captures visual images of each of the scrap pieces 101, for example, by using an optical sensor as utilized in typical digital cameras and video equipment. Such images captured by the optical sensor may then be stored in a memory device as image data [0054])
Kumar does not fully disclose wherein the analyzing comprises sequentially passing the singulated objects through a tubular or tunnel-shaped detection module, on the inner wall of which at least one sensor
Depperman teaches wherein the analyzing (determining [0058]) such as “analyzing” comprises sequentially passing the singulated objects (ABS., the system includes a diverter and accumulator module operable to receive the singulated objects, parse the objects into groups of varying quantities, and direct each group into a selected one of a plurality of discharge funnels.) (The D&A module 26 is structured and operable to sequentially receive the singulated objects, sequentially separate the received objects into groups of objects and direct each group of singulated objects into a selected one of a plurality of discharge funnels 34 ( shown in FIGS. 12, 13 and 15) of the D&A module 26 [0038])through a tubular or tunnel-shaped detection module, (Referring now to FIGS. 2, 3, 4 and 5, in various embodiments, the object O&C device 50 includes a hollow tubular body 162 having a top portion 166 extending above the singulating and counting module platform 42, a bottom portion 170 extending below the singulating and counting module platform 42, and a center bore 172 extending the length of the body 162 [0059]) on the inner wall (The object verification sensor 158 is located adjacent the face 106 of the singulating vacuum wheel 78, and more particularly, adjacent the vacuum ports 122, [0058]) such as “inner wall”of which at least one sensor(For example, in various implementations, the single object verification sensor 158 comprises a photoelectric sensor including an emitter 160 that emits an optic signal and a receiver 161 that receives the optic signal. The optic signal is emitted parallel to the face 106 of the singulating vacuum wheel 78 and across a portion of the circular path the objects will travel between the singulation chamber 74 and the object O&C device 50. [0058])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Skaff to incorporate the teachings of Depperman wherein the analyzing comprises sequentially passing the singulated objects through a tubular or tunnel-shaped detection module, on the inner wall of which at least one sensor. By doing so each extracted object will contact the stripping plate 178 causing each extracted object to be physically dislodged from the face 106 of the singulating vacuum wheel 78 and fall into the tubular body center bore 172. Depperman [0059]
Regarding claim 6 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified further teaches wherein the addressing (material type classifications [0039]) comprises driving one of a plurality of independently drivable support means of a conveyor. (Figs. 1 & 13, plurality of conveyor belts #1, #2, #3 and #4 [0049], [0078] – [0082])
Regarding claim 7 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified discloses wherein the analyzing (a composition analysis is performed [0040]) comprises a) detecting a material property applied to the object or introduced into the object, detecting a fluorescence code and/or a watermark and/or an RFA code and/or a bar code and/or a QR code and/or a symbol and/or a logo and/or a figurative mark and/or an article number; and/or b) detecting (detected/extracted features ( e.g., observed characteristics) [0070]) at least one native material property (varying amounts of silicon, Cu, Zn, Fe, and Mn, but contain extremely small amounts of Mg, typically 0-0.6% [0047]) of the object (scrap materials [0060]) such as “objects”
Regarding claim 15 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified discloses wherein the analyzing comprises determining an intensity for one or more emission wavelengths of a spectrum and/or determining an intensity for one or more emission wavelength ranges of the spectrum and/or determining an intensity ratio between several emission wavelengths or several emission wavelength ranges of the spectrum and/or determining the intensity of an emission spectrum and/or of a dynamic emission behaviour. (with certain embodiments of the present disclosure, such image data may represent images captured within optical wavelengths of light (i.e., the wavelengths of light that are observable by the typical human eye). However, alternative embodiments of the present disclosure may utilize vision systems that are configured to capture an
image of a material made up of wavelengths of light outside of the visual wavelengths of the human eye. [0054]
Regarding claim 17 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does not fully disclose wherein the passing comprises passing the singulated objects through the tunnel-shaped detection module in a gravity-driven manner.
Depperman teaches wherein the passing comprises passing the singulated objects (The D&A module 26 is structured and operable to sequentially receive the singulated objects, sequentially separate the received objects into groups of
objects and direct each group of singulated objects into a selected one of a plurality of discharge funnels 34 ( shown in FIGS. 12, 13 and 15) of the D&A module 26. [0038]) through the tunnel-shaped detection module (Referring now to FIGS. 2, 3, 4 and 5, in various embodiments, the object O&C device 50 includes a hollow tubular body 162 having a top portion 166 extending above the singulating and counting module platform 42, a bottom portion 170 extending below the singulating and counting module platform 42, and a center bore 172 extending the length of the body 162. [0059]) such as “tunnel shaped” in a gravity-driven manner (The angle and/or contour of the hopper sidewalls 62 and bottom 66 allow gravitational force to move the objects deposited into the hopper reservoir 58 toward and through the object egress opening 70 into an object singulation chamber 74 formed between the hopper 54 and a singulating vacuum wheel 78 of the singulating vacuum wheel unit 46. [0041])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Depperman wherein the passing comprises passing the singulated objects through the tunnel-shaped detection module in a gravity-driven manner. By doing so Objects flowing, or moving, from the hopper reservoir 58 to the object
singulation chamber 74, via the egress opening 70, are then presented to the singulating vacuum wheel 78 for singulation. Thus, due to the angle and/or contour of the hopper reservoir sidewalls 62, hopper reservoir bottom 66 and the singulation chamber bottom
90, gravitational force will cause all the objects within the hopper reservoir 58 and the singulation chamber 74 to fall through the evacuation opening 98. Depperman [0041], [0044].
Regarding claim 22 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 7,
Kumar as modified further discloses wherein the at least one native material properties property (varying amounts of silicon, Cu, Zn, Fe, and Mn, but contain extremely small amounts of Mg, typically 0-0.6% [0047]) of the object, (scrap materials [0060]) such as “objects” is one or more of a chemical material composition (composition [0054]) of the object, (scrap materials [0060]) such as “objects” a colour, (color, hue [0054]) and a shape (size, shape and overall physical appearance [0054]) of the object (scrap materials [0060]) such as “objects”
Claims 2 – 5, 8, 10, 14, 18 – 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar in view of Depperman et al. (United States Patent Publication Number 20110132721), hereinafter referred to as Depperman and in further view of Skaff et al. (United States Patent Publication Number 20150219557) hereinafter Skaff,
Regarding claim 2 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose the sorting method according to claim 1, wherein the analyzing comprises electromagnetically exciting a luminescence marker of exactly one of the singulated objects, wherein the marker comprises at least one material that emits with at least one emission wavelength or a plurality of emission wavelengths after the exciting.
Skaff teaches wherein the analyzing (objects classified according to their material [0189]) comprises electromagnetically exciting (illuminate [0196]) a luminescence marker (broadband spectral content [0196]) of exactly one of the singulated objects, (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) wherein the marker (spectral content [0196]) comprises at least one material that emits (such as LEDs which emit light in the ultraviolet or infrared range. [0308]) with at least one emission wavelength (visible wavelength range [0308]) or a plurality of emission wavelengths after the exciting (illuminate [0196])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the sorting method according to claim 1, wherein the analyzing comprises electromagnetically exciting a luminescence marker of exactly one of the singulated objects, wherein the marker comprises at least one material that emits with at least one emission wavelength or a plurality of emission wavelengths after the exciting. By doing so two or three mathematically significant clusters of data for a corresponding two or three spectral wavelengths can be determined. Skaff [0020]
Regarding claim 3 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose the sorting method according to claim 1, wherein the analyzing comprises electromagnetically exciting a luminescence marker, wherein a material of the marker comprises at least one of a luminescent material
Skaff teaches wherein the analyzing (objects classified according to their material [0189]) comprises electromagnetically exciting (illuminate [0196]) a luminescence marker, (broadband spectral content [0196]) wherein a material (known material [0084]) of the marker (broadband spectral content [0196]) comprises at least one of a luminescent material (zinc [0241])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the sorting method according to claim 1, wherein the analyzing comprises electromagnetically exciting a luminescence marker, wherein a material of the marker comprises at least one of a luminescent material. By doing so if there is a set of materials, a set of spectral bands, and a first group, subset #1, of materials that are to be classified, the system determines the subset of spectral bands
that are optimized to detect subset #1. Skaff [0294]
Regarding claim 4 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose wherein the sorting method according to claim 1, wherein the analyzing comprises spectroscopy of at least one luminescent material of the singulated objects.
Skaff teaches wherein the analyzing (objects classified according to their material [0189]) comprises spectroscopy (Fig. 16 D, estimate the weights of bands for spectral bands selection using Adaboost [0255]) of at least one luminescent material (zinc [0241])of the singulated objects. (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the sorting method according to claim 1, wherein the analyzing comprises spectroscopy of at least one luminescent material of the singulated objects. By doing so a selection of the best two or three angular locations for incident angles of multispectral light sources which illuminate objects, together with selection
of a suitable feature vector for capturing the reflection measurements with efficient dimensionality. Skaff [0015]
Regarding claim 5 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose wherein the sorting of the singulated
objects comprises addressing a support means of a conveyor to which exactly one of the singulated objects is assigned, whereupon the singulated object is supplied to the target address.
Skaff teaches wherein the sorting (where the objects
are sorted according to their material classification. [0107]) of the singulated objects (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) comprises addressing a support means (Fig. 1 sorting actuator [0108]) of a conveyor (conveyor mechanism [0107]) to which exactly one of the singulated objects is assigned, (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) whereupon the singulated object (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) is supplied to the target address. (receptables [0108], [0193], [0304 - 0305], [0378])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the sorting of the singulated objects comprises addressing a support means of a conveyor to which exactly one of the singulated objects is assigned, whereupon the singulated object is supplied to the target address. By doing objects 2811a, 2811b, etc. are conveyed on a conveyor mechanism 2812 to a classification station 2820, where the objects are classified according to their material, and thence to a sorting station 2830, where the objects are sorted according to their material classification. Skaff [0377]
Regarding claim 8 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose wherein after the comparing and before the sorting, a support means of a conveyor to which exactly one of the singulated objects is assigned is assigned the target address linked via the detected at least one material property of the singulated object in the support means and the reference material property.
Skaff teaches wherein after the comparing and before the sorting, a support means of a conveyor (conveyor mechanism [0303]) to which exactly one of the singulated objects(any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) is assigned is assigned the target address (receptables [0108], [0193], [0304 - 0305], [0378]) linked via the detected at least one material property (narrow bands [0243]) of the singulated object (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) in the support means (conveyor mechanism [0303]) and the reference material property (pre-labeled signatures in the database [0341])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein after the comparing and before the sorting, a support means of a conveyor to which exactly one of the singulated objects is assigned is assigned the target address linked via the detected at least one material property of the singulated object in the support means and the reference material property. By doing so utilization of the spectral BRDF image database provided by Gu in citation [2], which comprises ten material categories with four or more samples in each. Skaff [0430]
Regarding claim 10 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar as modified does not fully disclose wherein the analyzing comprises analyzing at least one marker arranged on the object or in the object or a plurality of markers differing in at least one detectable luminescence property, wherein a plurality of markers of a mixture of markers can optionally also differ from one another with respect to their quantity ratio.
Skaff teaches wherein the analyzing comprises analyzing at least one marker arranged on the object or in the object or a plurality of markers differing in at least one detectable luminescence property, wherein a plurality of markers of a mixture of markers can optionally also differ from one another with respect to their quantity ratio. (depending on how light is reflected from the surface of an object a slice of the BRDF is obtained for each object and in combination of the feature vector of each object one can detect how the illuminated object is fabricated [0202] – [0203]
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the analyzing comprises analyzing at least one marker arranged on the object or in the object or a plurality of markers differing in at least one detectable luminescence property, wherein a plurality of markers of a mixture of markers can optionally also differ from one another with respect to their quantity ratio. By doing so Each circle represents the feature of an image corresponding to one light source. N x# of samples is the number of feature vectors, where N is the total number of light sources. Skaff [0417]
Regarding claim 14 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does fully disclose wherein the object is produced from a base material before the providing.
Skaff as modified further teaches wherein the object is produced from a base material before the providing (classified according to the materials from which the objects are fabricated [0303])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the object is produced from a base material before the providing. By doing so an object fabricated from an unknown material is positioned at a classification station which includes plural light sources each positioned at a predesignated incidence angle with respect to the object. Skaff [0019]
Regarding claim 18 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does fully disclose wherein the analyzing of the singulated objects comprises analyzing with a plurality of mutually independent detection modules, of which the analyzed objects are supplied to a separate sorter per detection module, wherein the sorters feed the same plurality of transport devices according to the target address, and wherein the objects are supplied from the transport devices to one of the target addresses in each case
Skaff as modified further teaches, wherein the analyzing of the singulated objects (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) comprises analyzing with a plurality of mutually independent (it is also possible for the spectral sensitivities to differ. [0311])detection modules, (plural cameras, [0311]) of which the analyzed objects (Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) are supplied to a separate sorter (sorting station [0378]) per detection module, (per camera [0311]) wherein the sorters (sorting station [0378]) (sorting actuator [0378]) (sorting controller [0378]) feed the same plurality of transport devices (conveyor mechanism [0107]) according to the target address, (receptables [0108], [0193], [0304 - 0305], [0378]) and wherein the objects (Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) are supplied (conveyed [0378]) from the transport devices (conveyor mechanism [0107]) to one of the target addresses in each case. (receptables [0108], [0193], [0304 - 0305], [0378])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the analyzing of the singulated objects comprises analyzing with a plurality of mutually independent detection modules, of which the analyzed objects are supplied to a separate sorter per detection module, wherein the sorters feed the same plurality of transport devices according to the target address, and wherein the object. By doing so the objects are classified according to their material, and thence to a sorting station 30, where the objects are sorted according to their material classification. Skaff [0107]
Regarding claim 19 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does fully disclose wherein the analyzing, the comparing and the sorting of the singulated objects is carried out multiple times, wherein in a first analysis step, at least one first material property is detected and in at least one further analysis step, at least one further of the at least one material property is detected, wherein after the first analysis step and a first comparing step, a first part of the target address is assigned and after the at least one further analysis step and the at least one further comparing step, at least one further part of the target address is assigned, and wherein the object is supplied to the target address after passing through all analysis steps and comparing steps and after assigning all parts of the target address
Skaff as modified further teaches wherein the analyzing, the comparing and the sorting of the singulated objects is carried out multiple times, wherein in a first analysis step, at least one first material property is detected and in at least one further analysis step, at least one further of the at least one material property is detected, (material classification could differentiate between metal, plastic and glass, between fabric and paper, between different types or colors of plastics and glass, and so forth, or between any and all of these. [0194]) wherein after the first analysis step and a first comparing step, a first part of the target address is assigned (Sorting is controlled by classification and sorting controller 100, which commands actuator mechanism 31 to sort the classified objects into multiple receptacles 41a, 41b and 41b. [0108) and after the at least one further analysis step and the at least one further comparing step, at least one further part of the target address is assigned, (Sorting is controlled by classification and sorting controller 100, which commands actuator mechanism 31 to sort the classified objects into multiple receptacles 41a, 41b and 41b. [0108) and wherein the object is supplied to the target address(receptables [0108], [0193], [0304 - 0305], [0378]) after passing through all analysis steps and comparing steps and after assigning all parts of the target address(receptables [0108], [0193], [0304 - 0305], [0378]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the analyzing, the comparing and the sorting of the singulated objects is carried out multiple times, wherein in a first analysis step, at least one first material property is detected and in at least one further analysis step, at least one further of the at least one material property is detected, wherein after the first analysis step and a first comparing step, a first part of the target address is assigned and after the at least one further analysis step and the at least one further comparing step, at least one further part of the target address is assigned, and wherein the object is supplied to the target address after passing through all analysis steps and comparing steps and after assigning all parts of the target address. By doing so access to a database of labeled training material samples within a multi-class classification framework, the samples being captured using a relatively large number of spectral bands. Skaff [0048]
Regarding claim 20 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does fully disclose wherein the analyzing, the matching and the sorting of the singulated objects is carried out multiple times, wherein in a first analysis step, at least a first one of the material properties of one of the singulated objects is detected and after the matching a first part of the target address is assigned, wherein the singulated object after the assigning via a transport system is supplied to the target address and/or at least one further detection module for a further analysis step of at least one further material property that is different from a first material property, and after the matching a further part of the target address is assigned, and wherein after the assigning of all parts of the target address the object is supplied to the target address.
Skaff as modified further teaches wherein the analyzing, (analyzed [0116]) the matching (matched [0144]) and the sorting (sorting [0122]) of the singulated objects (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) is carried out multiple times, (repeated [0154]) wherein in a first analysis step, (analyzed [0116]) at least a first one of the material properties (material samples [0154]) of one of the singulated objects(any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) is detected and after the matching (matched [0144]) a first part of the target address(receptables [0108], [0193], [0304 - 0305], [0378]) is assigned, wherein the singulated object after the assigning via a transport system is supplied to the target address (receptables [0108], [0193], [0304 - 0305], [0378]) and/or at least one further detection module for a further analysis step of at least one of further material property that is different from a first material property and after the matching a further part of the target address is assigned, and wherein after the assigning of all parts of the target address(receptables [0108], [0193], [0304 - 0305], [0378]) the object (any one of objects in Fig 1., objects 11a, 11b [0107] or in Fig 9 objects 911a, 911b, [0189]) is supplied(conveyed [0378]) to the target address. (receptables [0108], [0193], [0304 - 0305], [0378])
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the analyzing, the matching and the sorting of the singulated objects is carried out multiple times, wherein in a first analysis step, at least a first one of the material properties of one of the singulated objects is detected and after the matching a first part of the target address is assigned, wherein the singulated object after the assigning via a transport system is supplied to the target address and/or at least one further detection module for a further analysis step of at least one further material property that is different from a first material property, and after the matching a further part of the target address is assigned, and wherein after the assigning of all parts of the target address the object is supplied to the target address. By doing so with respect to the measured multiple spectral bands, wavelengths for the multiple spectral bands may be selected by analysis of a database of labeled training material samples
within a multi-class classification framework, captured using a relatively large number of spectral bands, so as to select a subset of a relatively fewer number of spectral bands, wherein the selected spectral bands in the subset have a significant aptitude for distinguishing between different classifications of materials in the database. Skaff [0053]
Regarding claim 21 Kumar in view of Depperman and Skaff teaches the sorting
method (a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 3,
Kumar as modified does not fully disclose wherein the material of the marker comprises at least one of a fluorescent material, a phosphorescent material, an upconverter or a downconverter.
Skaff as modified further teaches, wherein the wherein a material (known material [0084]) of the marker (broadband spectral content [0196]) comprises at least one of a fluorescent material, (copper, brass [0169]) a phosphorescent material, an upconverter or a downconverter.
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Skaff wherein the material of the marker comprises at least one of a fluorescent material, a phosphorescent material, an upconverter or a downconverter. By doing so the number of clustered light sources can be reduced from a superset of many light sources down to a subset of far fewer light sources, without any significant loss in accuracy for material classification. Skaff [0015].
Regarding claim 25 Skaff teaches the sorting method (where the objects are
sorted according to their material classification. [0107]) comprising the steps of: a. providing a plurality of objects; (Fig 1., objects 11a, 11b etc are conveyed on a conveyor mechanism [0107]) (Fig 9 objects 911a, 911b, etc. are conveyed on a conveyor mechanism 912[0189]) b. singulating the objects; (where the objects are classified according to their material, and thence to a sorting station 930, where the objects are sorted according to their material classification [0189]) c. analyzing the singulated objects, (objects classified according to their material [0189]) wherein at least one material property is respectively detected for the objects; (The object at the classification station is illuminated individually by each of the plural light sources under control of classification and sorting controller 100, and camera 24 captures one or more images for each individual illumination. [0107], [0189]) NOTE: material classification differentiates between different types of metals from which the objects are fabricated, such as brass, copper and aluminum … material classification could differentiate between metal, plastic and glass, between fabric and paper, between different types or colors of plastics and glass, and so forth, or between any and all of these… [0109] d. comparing the detected at least one material property with reference material properties stored (the database of labeled training data can be labeled according to classification of material by calculating a probability function based on determining a correlation between a sample signature and a set of pre-labeled signatures in a database. [0341]) in a database, (In the database, there were twenty-seven (27) different classes of materials, as follows: Wood (2 different classes), Stainless Steel, ABS plastic-gray, Ceramic, Titanium, HIPS plastic-white, Fabric, Tin, Nitrile rubber-black, Gray Silicone, Aluminum (5 different classes), Copper, Zinc (2 different classes), ABS plastic-white, Brass, Mild Steel, HIPS plastic-white (2 different classes), Steel, Nickel, Lead. [0241]) to which a target address is respectively assigned, ((corresponding receptables [0108], [0193], [0304 - 0305], [0378]) and detecting a fraction affiliation of the objects; (The classification engine may be configured to make a decision for cases with a pre-determined level of confidence in the prediction [0341]) and e. sorting the singulated objects (objects classified according to their material [0189]) according to the target address (receptables [0108], [0193], [0304 - 0305], [0378]) assigned (corresponding [0109]) to their detected at least one material property (one or more images [0107], [0189])(pre-labeled signatures in the database [0341]) in the database, (In the database, there were twenty-seven (27) different classes of materials, as follows: Wood (2 different classes), Stainless Steel, ABS plastic-gray, Ceramic, Titanium, HIPS plastic-white, Fabric, Tin, Nitrile rubber-black, Gray Silicone, Aluminum (5 different classes), Copper, Zinc (2 different classes), ABS plastic-white, Brass, Mild Steel, HIPS plastic-white (2 different classes), Steel, Nickel, Lead. [0241])wherein the analyzing, the comparing and the sorting of the singulated objects is carried out multiple times, (repeated [0154]) wherein in a first analysis step, (analyzed [0116]) at least one first material property is detected (Fig. 18 subset #1 of materials [0294]) and in at least one further analysis step, at least one further of the at least one material property is detected, (Fig. 18 subset #3 of materials [0294]) wherein after the first analysis step (analyzed thereby [0116]) and a first comparing step, (comparing [0288]) a first part of the target address (receptables [0108], [0193], [0304 - 0305], [0378]) is assigned (corresponding [0109]) and after the at least one further analysis step and the at least one further comparing step, (repeated steps [0154]) at least one further part of the target address (receptables [0108], [0193], [0304 - 0305], [0378]) is assigned, (corresponding [0109]) and wherein the object is supplied to the target address(receptables [0108], [0193], [0304 - 0305], [0378]) after passing through all analysis steps and comparing steps and after assigning (repeated steps [0154]) all parts of the target address, (receptables [0108], [0193], [0304 - 0305], [0378]) and at least a first one of the material properties (Fig. 18 subset of spectral bands that are optimized to detect subset #1 [0294]) of one of the singularized objects is detected(Fig 1., objects 11a, 11b mechanism [0107]) (Fig 9 objects 911a, 911b, etc [0189]) and after the matching a first part of the target address(receptables [0108], [0193], [0304 - 0305], [0378]) is assigned, (corresponding [0109]) wherein the singularized object (Fig 1., objects 11a, 11b mechanism [0107]) (Fig 9 objects 911a, 911b, etc [0189]) after the assigning (corresponding [0109]) via a transport system (conveyor mechanism [0303]) is supplied to the target address(receptables [0108], [0193], [0304 - 0305], [0378]) and/or at least one further detection module for a further analysis step of at least one further material property that is different from a first material property (Fig. 18 subset of spectral bands that are optimized to detect subset #3 [0294]) and after the matching a further part of the target address (receptables [0108], [0193], [0304 - 0305], [0378]) is assigned, (corresponding [0109]) and wherein after the assigning (corresponding [0109]) of all parts of the target address (receptables [0108], [0193], [0304 - 0305], [0378]) the object (any one of Fig 1., objects 11a, 11b mechanism [0107]) (Fig 9 objects 911a, 911b, etc [0189]) is supplied to the target address. (receptables [0108], [0193], [0304 - 0305], [0378])
Skaff does not fully disclose wherein the analyzing comprises sequentially passing the singulated objects through a tubular or tunnel-shaped detection module, on the inner wall of which at least one sensor for detecting the at least one material property is arranged
Depperman teaches wherein the analyzing (determining [0058]) such as “analyzing” comprises sequentially passing the singulated objects , (ABS., the system includes a diverter and accumulator module operable to receive the singulated objects, parse the objects into groups of varying quantities, and direct each group into a selected one of a plurality of discharge funnels.) (The D&A module 26 is structured and operable to sequentially receive the singulated objects, sequentially separate the received objects into groups of objects and direct each group of singulated objects into a selected one of a plurality of discharge funnels 34 ( shown in FIGS. 12, 13 and 15) of the D&A module 26 [0038])through a tubular or tunnel-shaped detection module, (Referring now to FIGS. 2, 3, 4 and 5, in various embodiments, the object O&C device 50 includes a hollow tubular body 162 having a top portion 166 extending above the singulating and counting module platform 42, a bottom portion 170 extending below the singulating and counting module platform 42, and a center bore 172 extending the length of the body 162 [0059]) on the inner wall of which at least one sensor (For example, in various implementations, the single object verification sensor 158 comprises a photoelectric sensor including an emitter 160 that emits an optic signal and a receiver 161 that receives the optic signal. The optic signal is emitted parallel to the face 106 of the singulating vacuum wheel 78 and across a portion of the circular path the objects will travel between the singulation chamber 74 and the object O&C device 50. [0058])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Skaff to incorporate the teachings of Depperman wherein the analyzing comprises sequentially passing the singulated objects through a tubular or tunnel-shaped detection module, on the inner wall of which at least one sensor. By doing so the objects are singulated from a large volume of objects by the S&C module 22 and subsequently parsed, or separated, into groups of objects by the D&A module 26 such that each group of objects comprises a respective number, or quantity, of objects that can be different from one or more of the other groups of objects [0058]) Depperman [0039].
Kumar teaches for detecting the at least one material property is arranged (the vision system 110 captures visual images of each of the scrap pieces 101, for example, by using an optical sensor as utilized in typical digital cameras and video equipment. Such images captured by the optical sensor may then be stored in a memory device as image data [0054])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Skaff to incorporate the teachings of Kumar for detecting the at least one material property is arranged. By doing so the vision system 110 captures visual images of each of the scrap pieces 101, for example, by using an optical sensor as utilized in typical digital cameras and video equipment. Such images captured by the optical sensor may then be stored in a memory device as image data. Kumar [0054]
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar, in view of Depperman et al., (United States Patent Publication Number 20110132721) hereinafter Depperman and in further view of Sommer et al. (WO 01/22072), hereinafter referred to as Sommer
Regarding claim 9 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does not fully disclose wherein in the event that during the comparing of the material property with the reference material property stored in the database, no reference material property is detected which is identical to the compared material property, during the sorting of an affected object, a standard address is assigned to the object or the affected object is provided for a renewed singulation and analysis
Sommer teaches wherein in the event that during the comparing of the material property with the reference material property stored in the database, no reference material property is detected which is identical to the compared material property, during the sorting of the affected object, a standard address is assigned to the object or the affected object is provided for the renewed singulation and analysis (the system
may also include a sorting bin 23 that receives pieces of material not forced from the belt 5. A piece of material may not be ejected from the belt 5 when the classification of the piece is not determined. Thus, sorting bin 23 may serve as a default bin into which
unclassified pieces of materials are dumped. Page 12)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Sommer wherein in the event that during the comparing of the material property with the reference material property stored in the database, no reference material property is detected which is identical to the compared material property, during the sorting of the affected object, a standard address is assigned to the object or the affected object is provided for the renewed singulation and analysis. By doing so this technique of default sorting can be particularly useful in sorting materials which fluoresce at low energy levels difficult to detect because of absorption by air such as, for example, aluminum. Sommer Page 12.
Claims 11 – 13 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar, in view of Depperman et al., (United States Patent Publication Number 20110132721) hereinafter Depperman and in further view of Vacca et al. (United States Patent Publication Number 20180246027 ), hereinafter referred to as Vacca.
Regarding claim 11 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does not fully disclose wherein a printing ink comprising a fluorescent code has been applied to at least one of the provided objects before the providing.
Vacca teaches wherein a printing ink comprising a fluorescent code has been applied (incorporate a dye having a relatively short fluorescence lifetime ( e.g., dye A,
having a lifetime shorter than, e.g., about 5 ns) [0200]) to at least one of the provided objects (microspheres (of, e.g., polystyrene or other materials) [0200]) such as “objects” before the providing (predesigned levels [0200])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Vacca wherein a printing ink comprising a fluorescent code has been applied to at least one of the provided objects before the providing. By doing so the beads so prepared are then used in, e.g., multiplexing sandwich immunoassays, multiplexing nucleic-acid assays, or other multiplexing assays. Vacca [0200]
Regarding claim 12 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 1,
Kumar does not fully disclose wherein a label adhesive comprising a fluorescent code or a label lacquer comprising a fluorescent code has been applied to at least one of the provided objects before the providing.
Vacca teaches wherein a label adhesive comprising a fluorescent code or a label lacquer comprising a fluorescent code has been applied (( e.g., dye B, having a fluorescence lifetime longer than, e.g., about 10 ns ), [0200]) to at least one of the provided objects (microspheres (of, e.g., polystyrene or other materials) [0200]) such as “objects” before the providing. (predesigned levels [0200])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Vacca wherein a label adhesive comprising a fluorescent code or a label lacquer comprising a fluorescent code has been applied to at least one of the provided objects before the providing. By doing so the beads so prepared are then used in, e.g., multiplexing sandwich immunoassays, multiplexing nucleic-acid assays, or other multiplexing assays. Vacca [0200]
Regarding claim 13 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040])according to claim 1,
Kumar does not fully disclose wherein a label or a shrink film has been applied to the object before the providing, which has a fluorescence code in its base material.
Vacca teaches wherein a label or a shrink film (one or more of thin-film
filters, dichroic beam splitters, colored glass filters, diffraction gratings, and holographic gratings [0144]) has been applied to the object (microspheres (of, e.g., polystyrene or other materials) [0200]) such as “objects” before the providing, (predesigned levels [0200]) which has a fluorescence code in its base material (The resulting optical signal could still comprise any of a number of fluorescence lifetimes [0144])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Vacca wherein a label or a shrink film has been applied to the object before the providing, which has a fluorescence code in its base material. By doing so the spectral optical signal filtered through as FL3 is detected, converted to electronic form, and sent to an electronic signal processing unit for digitization and further elaboration. Vacca [0144]
Regarding claim 23 Kumar in view of Depperman teaches the sorting method
(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 11,
Kumar does not fully disclose wherein the printing ink comprising a fluorescent code has been applied in a partial region of a printing of a label or a shrink film of the object or as a direct printing of the object.
Vacca teaches wherein the printing ink comprising a fluorescent code (any one of e.g., dye B, having a fluorescence lifetime longer than, e.g., about 10 ns ), or e.g., dye A, having a fluorescence lifetime shorter than, e.g., about 5 ns [0200]) has been applied in a partial region of a printing of a label or a shrink film of the object or as a direct printing of the object. (incorporated into the microsphere [00200])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Vacca wherein the printing ink comprising a fluorescent code has been applied in a partial region of a printing of a label or a shrink film of the object or as a direct printing of the object. By doing so each type of coded microsphere in tum is used for a different capture assay. Vacca [0200].
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar, in view of Depperman et al., (United States Patent Publication Number 20110132721) hereinafter Depperman, in view of Skaff et al. (United States Patent Publication Number 20150219557) hereinafter Skaff and in further view of Vacca et al. (United States Patent Publication Number 20180246027 ), hereinafter referred to as Vacca.
Regarding claim 24 Kumar view of Depperman and Skaff teaches the sorting
method(a cost-effective method for sorting between cast aluminum, extruded aluminum, and/or wrought aluminum alloys. [0040]) according to claim 14
Kumar does not fully disclose wherein the base material is a plastic material which has a material admixture comprising a fluorescence code.
Vacca teaches wherein the base material is a plastic material (e.g., polystyrene [0200]) which has a material admixture comprising a fluorescence code (incorporate a dye having a relatively short fluorescence lifetime ( e.g., dye A, having a lifetime shorter than, e.g., about 5 ns) and another dye having a relatively long fluorescence lifetime ( e.g., dye B, having a lifetime longer than, e.g., about 10 ns ), [0200])
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Vacca wherein the base material is a plastic material which has a material admixture comprising a fluorescence code. By doing so both such
dyes having substantially overlapping spectra so as to permit their detection by the same optical apparatus. Vacca [0200].
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Kumar et al., (United States Patent Publication Number 20200368786) hereinafter Kumar, in view of Depperman et al., (United States Patent Publication Number 20110132721) hereinafter Depperman, and in further view of Rhoads et al., (United States Patent Publication Number 20050213790) hereinafter Rhoads
Regarding claim 26 Kumar in view of Depperman teach the sorting method according to claim 7
Kumar does not teach wherein the analyzing includes detecting a watermark and/or an RFA code.
Rhoads teaches wherein the analyzing (analyzing [0089]) includes detecting a watermark (digital watermarking [0171]) and/or an RFA code.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kumar to incorporate the teachings of Rhoads wherein the analyzing includes detecting a watermark and/or an RFA code. By doing so digital watermarking techniques are known--all of which convey data in a hidden form (i.e., on human inspection, it is not apparent that digitally encoded data is present. Rhoads [0079]
Conclusion
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/KWEKU WILLIAM HALM/Examiner, Art Unit 2166
/SANJIV SHAH/Supervisory Patent Examiner, Art Unit 2166