Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13, 15, and 17 have been rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re 13, 15, and 17: in claim 13, the limitation “further comprising a first transmission grid and a first lens positioned between a first transmission grid and the first sensor” renders the claim indefinite.
Parent claim 12 on line 6 already defines “a first sensor with a first transmission grid.” Claim 13 recites “a first transmission grid” twice. First. it re-defines “a first transmission grid” that has “a first lens.” Next, it states it is positioned between “a first transmission grid and the first sensor,” this grid, presumably, the one already defined in claim 12. Thus, it is unclear what the optical setup is that the claim recites.
Examiner reads this claim as “further comprising an auxiliary transmission grid and a first lens positioned between the first transmission grid and the first sensor, wherein the first lens is configured to focus the laser radiation onto the first sensor.”
Re 17: “the first transmission grid” is indefinite, because it is unclear which one of the “first transmission grids” it refers to. Examiner as read this as “the auxiliary transmission grid.”
Allowable Subject Matter
Claims 12, 14, 16, and 18-22 have been allowed.
Claims 13, 15, and 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
In addition to the art cited in the IDS’s filed February 28, 2025 and September 1, 2022, the closest prior art of record is: US-20210356871-A1; US-20200371237-A1; US-20200340796-A1; US-6323949-B1.
The following is a statement of reasons for the indication of allowable subject matter. In combination with the other limitations nothing in the prior art of record, teaches, suggests, or discloses:
Re 11-22: in claim 11, “an evaluation apparatus configured to determine at least one of: (i) the speed; and (ii) the length of the product based on: (i) an intensity modulation detected by the first sensor during a movement of the product; and (ii) a shift of a speckle pattern formed on the image sensor detected by the image sensor during a movement of the product; a third sensor; a second beam splitter positioned between the first beam splitter and the image sensor and is configured to split laser radiation coming from the first beam splitter into laser radiation conducted to at least one of: (i) the image sensor; (ii) the first sensor; and (iii) the third sensor, wherein the evaluation apparatus is configured to calculate a difference in measurement signals from the first sensor and from the third sensor in order to determine at least one of: (i) the speed; and (ii) the length of the product so that a direct component of the measurement signal received by the first sensor is eliminated.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD J SUFLETA II whose telephone number is (571)272-4279. The examiner can normally be reached M-F 9AM-6PM EDT/EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED AZIZ can be reached at (571) 270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GERALD J. SUFLETA II
Primary Examiner
Art Unit 2875
/GERALD J SUFLETA II/Primary Examiner, Art Unit 2875