Prosecution Insights
Last updated: April 19, 2026
Application No. 17/932,380

DEFECT DETECTION METHOD AND DEFECT DETECTION SYSTEM BASED ON MACHINE VISION

Final Rejection §103
Filed
Sep 15, 2022
Examiner
WAGGONER, TIMOTHY R
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Chongqing University Of Technology
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
79%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
977 granted / 1366 resolved
+19.5% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
1394
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
49.7%
+9.7% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1366 resolved cases

Office Action

§103
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 Applicant's arguments filed 08/19/2025 with respect to the 103 rejections have been fully considered but they are not persuasive. Applicant argues that the alignment, positions and structures of Fitzmorris are not compatible with a movable camera. However, the moving camera can be used to improve alignment, or take additional images or the structures could change alignment with the third camera as taught by Dalstra. Fitzmorris also discloses at least two inspection systems, and the third moving camera could be part of the two existing inspection systems or could be its own additional inspection system. As such, a third movable camera is compatible with the system of Fitzmorris in multiple ways. For at least the foregoing reasons claims 1-2 and 4-7 stand rejected. 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. Claim(s) 1,2 and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fitzmorris et al. US 4,691,231 in view of Safaee-Rad US 6,448,549 and Dalstra US 2014/0174127. Fitzmorris discloses a defect detection system based on machine vision, comprising: (Re claim 1) ”a monitoring module” (‘monitoring’ col 12 lines 38-54). “a detection module” (‘detect defects’ abstract). “an early warning module” (‘alarm and or stop processing’ col 12 lines 38-54). “a screening module” (col 7 lines 5-17, 70,72,74 figure 2). “wherein the detection module is configured to detect whether empty bottles are clean, and whether residue is present in the empty bottles; the detection module is further configured to inspect specifications of the empty bottles, and have a different empty bottle with a different specification than that of other empty bottles screened out timely when the different empty bottle is found during inspection” (col 10 lines 38-48, col 7-8 lines 52-7). “wherein the monitoring module is configured to monitor filled bottles that have been filled with a beverage, and the monitoring module is configured to monitor whether contents in the bottles meet a requirement, and whether foreign matter is contained in the filled bottles” (col 5 lines 20-23, col 1 lines 12-13). “wherein the screening module is configured to screen out the different empty bottle with the different specification and the filled bottles having a content not meeting the requirement” (col 7 lines 5-17). “wherein the defect detection system is configured for: detecting the empty bottles, in order to detect whether the empty bottles are clean, and whether residue is present in the empty bottles; inspecting specifications of the bottles, in order that the different bottle with the different specification is screened out by the screening module” (col 10 lines 38-48, col 7-8 lines 52-7). “monitoring beverage contents in the filled bottles that have been filled with a beverage, to monitor whether contents in the filled bottles meet a requirement, and whether foreign matter enters the filled bottles during filling” (col 5 lines 20-23, col 1 lines 12-13). Fitzmorris a third camera the third camera is electrically connected with a display screen, the detection module is electrically connected to the screening module; and the detection module shoots the empty bottles with the third camera, thereby detecting whether the foreign matter is contained in the empty bottles (50 figure 9, col 1 lines 6-14). Fitzmorris does not disclose that a monitored image is displayed on a display device by an imager nor displaying a monitored object visually on the display device nor that the third camera is movable. Safaee-Rad teaches a monitored image is displayed on a display device by an imager nor displaying a monitored object visually on the display device (col 6 lines 25-34). It would have been obvious to one skilled in the art to modify the system of Fitzmorris to include that a monitored image is displayed on a display device by an imager nor displaying a monitored object visually on the display device because it allows for review of inspected bottles. Dalstra teaches that the third camera is a movable camera (9 figure 2A-2C, para 0047). It would have been obvious to one skilled in the art to modify the system of Fitzmorris to include that the third camera is a movable camera because it allows a single camera to gain additional images from multiple angles and confirm any defect or improve camera alignment with other imaging elements. (Re claim 2) “the monitoring module comprises a first camera, a second camera, the imager … the first camera is located at an upper portion of a bottle body, and the second camera is located at a lower portion of the bottle body” (50,124,126 figure 1,9). Fitzmorris does not disclose the display device and real-time data received through a data access function is superimposed to a real-time video stream of a video image, and various data information pushed by a third-party platform, or data shared in a real-time database is displayed on a monitoring picture. Safaee-Rad teaches the display device and real-time data received through a data access function is superimposed to a real-time video stream of a video image, and various data information pushed by a third-party platform, or data shared in a real-time database is displayed on a monitoring picture (col 10 lines 7-23). It would have been obvious to one skilled in the art to modify the system of Fitzmorris to include the display device and real-time data received through a data access function is superimposed to a real-time video stream of a video image, and various data information pushed by a third-party platform, or data shared in a real-time database is displayed on a monitoring picture because it makes it easier to review the inspected bottles and their highlighted issues. (Re claim 4) “the early warning module is electrically connected to the monitoring module, the early warning module comprises an early warning signal light and an early warning bell, and the early warning module gives an alarm timely when the monitoring module monitors an abnormal liquid content in the filled bottles” (col 12 lines 38-54). Fitzmorris does not explicitly disclose warning lights and bells. The office takes official notice that lights and bells are well known in the art for issuing warnings. It would have been obvious to one skilled in the art to modify the system of Fitzmorris to include warning signal light and an early warning bell because lights and bells are a good way to gain the attention of people nearby. (Re claim 5) “the screening module is configured to screen out an unqualified bottle during product detection process, and further screen out an unqualified product after having bottles filled” (col 5 lines 11-23). Fitzmorris discloses a defect detection method and the defect detection system based on machine vision comprising following steps: S101: placing empty bottles onto a conveyor belt for detection” (col 5 lines 24-35). “S102: transmitting a scanned image by a third camera … observing whether foreign matter is contained in the empty bottles” (50 figure 1,9). “S103: screening out a bottle containing foreign matter therein by a screening module if foreign matter is contained in the bottle” (col 8 lines 51-68). “S104: filling bottles that are normal in detection” (col 5 lines 11-23). “S105: monitoring filled bottles by a monitoring module, where cameras in the monitoring module monitor a height of a solution in each of the filled bottles” (col 5 lines 11-23). “S106: screening out timely an unqualified bottle having a solution level lower than a certain height found in Step S105, thereby ensuring that the height of the solution in each of remaining filled bottles falls within a certain range” (col 5 lines 11-23). Fitzmorris does not disclose a display screen to display status of the empty bottles. Safaee-Rad teaches a monitored image is displayed on a display device by an imager nor displaying a monitored object visually on the display device (col 6 lines 25-34). It would have been obvious to one skilled in the art to modify the system of Fitzmorris to include that a monitored image is displayed on a display device by an imager nor displaying a monitored object visually on the display device because it allows for review of inspected bottles. (Re claim 7) “the defect detection method and the defect detection system comprises detecting beverage bottles from various orientations, with scanning of the cameras and in cooperation with an early warning system, and give an early warning timely when an abnormity is found, to ensure that the beverage bottles filled with beverage meet a use standard” (50 figure 9, col 12 lines 37-54). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY R WAGGONER whose telephone number is (571)272-8204. The examiner can normally be reached Mon-Thurs 5am-330pm. 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, Jacob Scott can be reached at 571-270-3415. 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. TIMOTHY R. WAGGONER Primary Examiner Art Unit 3655 B /TIMOTHY R WAGGONER/Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Sep 15, 2022
Application Filed
May 14, 2025
Non-Final Rejection — §103
Aug 19, 2025
Response Filed
Oct 22, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
79%
With Interview (+7.2%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 1366 resolved cases by this examiner. Grant probability derived from career allow rate.

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