DETAILED ACTION
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 Amendment
The amendment filed on 06/04/2026 has been entered and accepted. The amendment with regard to the claim objection of claim 2 has been accepted and the objection has been withdrawn.
Response to Arguments
Applicant's arguments filed 06/04/2026 have been fully considered but they are not persuasive.
Applicant argues that the references are not combinable as “TAKAHASHI generally relates to an apparatus for assessing optical quality of gemstones and does not teach or suggest the specific dual-wavelength illumination configuration recited in amended claim 1. Kempf is directed to a machine vision system for acquiring images of surface features of objects, not gemstone laser inscription. Kempf s system can analyze surface features of objects, not for enabling precise laser inscription on gemstones where dual-camera imaging is used to map girdle profiles and determine x-y-z coordinates for inscription spots. Sasian generally relates to a system for evaluating gemstones, not for laser inscription. Sasian's system is for evaluating gemstone quality, not for enabling dual-camera imaging during a laser inscription process where the cameras are used to map girdle profiles and determine x-y-z coordinates for inscription spots.” (Page 8 of applicant’s remarks filed 06/04/2026). In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, each of TAKAHASHI, Kempf, and Sasian relate to improving object image analysis and one of ordinary skill in the art would have found it obvious to have modified Kaplan with each of these references for their various benefits. One of ordinary skill in the art would have found it obvious to have modified Kaplan with TAKAHASHI and have the light sources be controlled by a computer for the advantage of having the intensity and exposure time of the illumination source be automatically controlled (TAKAHASHI Paragraph 133), and to have modified Kaplan with Kempf and Sasian and have the side camera positioned vertically from the diamond and further placed optical filters in front of each of the light sources and cameras, including the side camera, such as to only allow energy from certain LEDs to enter each respective camera, to help avoid loss of relevant data (Kempf Column 15 Lines 31-34) as well as improve the acquisition of images of surface features of a target (Kempf Column 2 Lines 4-6), and to provide a reliable and inexpensive method of evaluating and/or designing diamonds (Sasian Paragraph 55).
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, Kempf teaches that the use of multiple differing colored light sources is known in the art to be beneficial to avoid loss of relevant data (Kempf Column 15 Lines 31-34) while improving acquisition of images of surface features of a target (Kempf Column 2 Lines 4-6). Although Kempf does not share the same purpose as the applicant for using differing colored light sources, the apparatus of Kempf is directed toward improving image analysis of an object by improving the acquisition of images of surface features of a target. Similarly, Sasian is directed toward performing image analysis, namely to determine parameters of a diamond’s girdle (Sasian Paragraph 174). Since Kaplan teaches of using image analysis to determine a girdle area of diamond (Kaplan Paragraphs 61 and 135), one of ordinary skill in the art would have found it obvious to have modified the image analysis of Kaplan with the Kempf and Sasian such as to improve process of the acquisition of girdle, which is a step of Kaplan uses to adjust the laser marking position during marking (Kaplan Paragraph 138).
Applicant argues that the “claimed dual-wavelength configuration with wavelength-matched blocking filters provides a specific technical advantage” and that “None of the cited references, alone or in combination, teach or suggest this specific configuration nor provide motivation to arrive at it” (Page 9 of applicant’s remarks filed 06/04/2026). In response to applicant's argument, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. As stated above, the combination of references teaches the structure of the claim and thus reads upon the claim limitations.
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) 1-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan (US 20080043220 A1) in view of TAKAHASHI (US 20170370855 A1), Kempf (US 11651505 B2), and Sasian (US 20050190357 A1).
Regarding claim 1, Kaplan (US 20080043220 A1) teaches a method of laser inscribing a gemstone (Figure 8 Paragraph 115, laser inscription process), the method comprising:
by a computer with a processor and memory (Paragraph 116, computer 52; Paragraph 19, associated memory is a nonvolatile memory; Paragraph 72, processor for controlling said directing means), the computer in communication with a top camera (Figure 2, top CCD camera 28), a side camera (Figure 3 Paragraph 102, camera 32 views the workpiece at right angles to the top CCD camera 28), x, y, and z motors configured to move a stage in communication with a holder configured to hold the gemstone (Paragraph 116, computer sends commands to the laser inscription controller 60 for defining XYZ positioning of the workpiece 131), and a laser generator (Paragraph 116, computer sends commands to the laser inscription controller 60 for defining a pattern of laser modulation 132; Paragraph 110, file of data from the cameras are transferred to the controller 51 for inscription control),
wherein the gemstone includes a girdle to be inscribed (Paragraph 70, a pattern marking is inscribed on a girdle of the gemstone);
causing the first light source of a first wavelength (Figure 3, 650nm LEDs) to be directed at the gemstone in the holder from a side-profile (Figure 3 Paragraph 102, set of LEDs produce illumination at angles which are directed toward the workpiece from two sides such as to supply light to a side CCD camera 32; );
causing the second light source to be directed at the gemstone in the holder from a girdle top-view profile (Figure 2 Paragraph 101, LED 20 being directed toward the workpiece 11 from the top);
by the computer, capturing a top image of the gemstone in the holder by the top camera (Figure 2 Paragraph 101, top CCD camera views the workpiece at 650 nm wherein the workpiece reflects a portion of the illumination bean back through the microscope toward a top CCD camera through beam splitters Figure 3 Paragraph 102, side CCD camera 32 captures an image of the workpiece 11 from a vertical direction) with a top camera optical filter that is configured between the second light source and the stage (Figure 2, beam splitter 23 and dichroic mirror 8 which act as filters by only allowing certain types of wavelengths through), wherein the top camera optical filter only transmits light emitting from the second light source (Paragraphs 101 and 136, filters are provided to prevent damage to the cameras by the reflected laser energy wherein the top CCD camera views the workpiece at 650 nm; it would further have been obvious to filter out all other wavelengths since the camera views at 650 nm)
by the computer, capturing a side image of the gemstone in the holder by the side camera (Figure 3 Paragraph 102, side CCD camera 32 captures an image of the workpiece 11 from a vertical direction)
by the computer, using the side image captured by the side camera to map a girdle profile for an inscription by utilizing edge detection algorithms (Paragraph 102, the wide image 35 includes the profile of the girdle; Paragraph 135, gridle area is determined by image analysis in the computer system; Paragraph 135, inscription with logo is projected on an image from a vertically oriented camera providing the user with an ability to interactively change various parameters of the inscription; Paragraph 193, imager outputs are input to an image analysis program which performs edge detection),
wherein the inscription is made of a plurality of inscription spots (Figure 13B Paragraphs 166-167, spots are modulated according to a pattern on the diamond);
by the computer, determining an x-y-z coordinate of each inscription spot for the inscription (Figure 11 Paragraph 111, encrypted code transmitted to marking control is determined based on image analysis of the workpiece; Paragraph 167, presence or absence of an ablation at each coordinate defines the data pattern wherein an array of spots with the exact positions are modulated according to a pattern 225) based on a trajectory path determined using the top image (Paragraph 135, complete inscription with logo is projected on an image from a vertically oriented camera providing the user with the ability to interactively change the length of inscription and height of characters to align the whole inscription; Paragraph 138, operator is able to mark the points based on the vertically oriented camera 28; Paragraphs 17, the markings themselves may be a fully automated inscription which means that the entire process of determining the coordinates of the spots is automated; Paragraph 110, inscription positioning of the girdle is automated wherein the procedures are transferred to a positioning stage controller for performance of the actual inscription) and a z-offset determined using the side-view image (Paragraphs 139-142, side camera 32 allows precise determination of the position of the girdle 12 of the gemstone such that the laser can be focused onto the gemstone with high precision; Paragraph 142, z-axis is controlled for each coordinate in reference to an orthogonal view to the gridle surface);
by the computer, causing the x, y, and z stage motors in communication with the holder to move the holder (Paragraph 110, file is transferred to stage controller for performance of inscription; Figure 5 Paragraph 103, drivers 51 for the three axis stage control; Paragraph 127, motors are employed in the translatable stage system for driving the stage position In the YXZ directions) and thereby the gemstone to align each calculated x-y-z coordinate of the inscription spots to a respective laser focusing plane (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser; Claim 2, automatically control the position of the gemstone in response to data received from the optical receiver);
by the computer, while causing the x, y, or z stage motor to move the holder and thereby the gemstone (Paragraph 110, file is transferred to stage controller for performance of inscription; Figure 5 Paragraph 103, drivers 51 for the three axis stage control; Paragraph 127, motors are employed in the translatable stage system for driving the stage position in the YXZ directions), causing the laser to emit a laser beam directed at each respective inscription spot aligned with the laser focusing plane (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser), wherein the laser beam is focused on each respective laser focusing spot by an objective lens (Figure 1 Paragraphs 100-101, microscope objective 10 focuses the laser spot onto the workpiece), and wherein each respective inscription spot is substantially equally spaced from one another (Paragraph 167, the array of spots are positioned at generally coordinate positions based on the pattern which means that adjacent spots are equally spaced from each other; Paragraph 107, XYZ positioning system generates the inscription with repeatability and resolution of about 1.0 microns).
Kaplan fails to teach:
the computer in communication with a first light source configured to emit light of a first wavelength and a second light source configured to emit light of a second wavelength different from the first wavelength
controlling the first and second light source by the computer
wherein the top camera optical filter only transmits light emitting from the second light source at the second wavelength while blocking light at the first wavelength
by the computer, capturing a side image of the gemstone in the holder by the side camera with a side camera optical filter that is configured between the first light source and the stage, wherein the side camera optical filter only transmits light emitting from the first light source at the first wavelength while blocking light at the second wavelength
TAKAHASHI (US 20170370855 A1) teaches an apparatus for assessing optical quality of gemstones, wherein:
the computer in communication with a first light source and a second light source (Paragraph 133, computer unit controls the illumination source)
controlling the first and second light source by the computer (Paragraph 133, computer unit controls the illumination source)
cameras are configured with a camera color filter (Paragraph 116, each image is taken using a bandpass filter; Paragraph 105, image capturing component such as a color camera)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with TAKAHASHI and have the light sources which comprise a filter be controlled by a computer. This would have been done to have the intensity and exposure time of the illumination source be automatically controlled (TAKAHASHI Paragraph 133).
The Office further notes that the MPEP teaches that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP §2144.04.VI.B. In this case, having the light sources be controlled by the computer is not sufficient to distinguish over the prior art.
Kaplan modified with TAKAHASHI fails to explicitly teach the limitations of “a second light source configured to emit light of a second wavelength different from the first wavelength”, “wherein the top camera optical filter only transmits light emitting from the second light source at the second wavelength while blocking light at the first wavelength”, and “by the computer, capturing a side image of the gemstone in the holder by the side camera with a side camera optical filter that is configured between the first light source and the stage, wherein the side camera optical filter only transmits light emitting from the first light source at the first wavelength while blocking light at the second wavelength”. However, Kempf (US 11651505 B2) teaches a system and method for vision inspection with multiple types of light of different wavelengths (Kempf Column 10 Lines 44-46) wherein four different types of lights are projected into the target area from different directions toward a box or other object within the target area (Kempf Column 9 Lines 22-33). Kempf further teaches that beam splitters are used to direct light of the at least three different types onto one or more imaging sensors for acquisition of multiple sub images, where filters are positioned at the outside of each imaging device in order to selectively pass a particular type of light for acquisition of a particular sub-image and selectively exclude other types of light (Kempf Column 18 Lines 4-52). Furthermore, pre-surface filters are arranged on the sides of the ring light between the light sources and the target area (Column 13 Line 66 – Column 14 Line 5) to provide polarization orientations and filtering for the light sources (Kempf Column 20 Lines 61-67). In addition, Sasian (US 20050190357 A1) teaches a system for evaluation gemstones, wherein a side camera is positioned vertically to the diamond (Sasian Figures 2A-2B) and wherein a plurality of discrete optical elements each outputting different light is positioned over an extended area (Sasian Paragraph 107), such as to generate an image of the gemstone (Sasian Paragraph 153) as well as determine a plurality of parameters of the diamond, including various angles and the size of the diamond’s girdle (Sasian Paragraph 174). It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with Kempf and Sasian and have the side camera positioned vertically from the diamond and further placed optical filters in front of each of the light sources and cameras, including the side camera, such as to only allow energy from certain LEDs to enter each respective camera. This would have been done to help avoid loss of relevant data (Kempf Column 15 Lines 31-34) and to improve acquisition of images of surfaces features of a target (Kempf Column 2 Lines 4-6) when capturing a plurality of sub-images by means of multiple sensors (Kempf Column 18 Lines 4-52) during a reliable and inexpensive method of evaluating and/or designing diamonds (Sasian Paragraph 55).
The Office further notes that using multiple LED panels from different angles to deliver light to a plurality of cameras positioned at different angles for the purpose of modeling a girdle of a diamond is known in the art as evidenced by Smith (US 20120274751 A1).
Regarding claim 2, Kaplan as modified teaches the method of claim 1.
TAKAHASHI further teaches:
the top camera optical filter and side camera optical filter is a bandpass filter (Paragraph 85, halogen lamp with a color balancing filter which are considered bandpass filter as it sets the color of the output), a shortpass filter, or a longpass filter.
It would have been obvious for the same motivation as claim 1.
Regarding claim 3, Kaplan as modified teaches the method of claim 1, wherein
determining the z-offset using the side-view image includes determining a target inscription spot on the girdle of the gemstone to align with the laser focal plane (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser; Claim 2, automatically control the position of the gemstone in response to data received from the optical receiver; Paragraphs 139-142, side camera 32 allows precise determination of the position of the girdle 12 of the gemstone such that the laser can be focused onto the gemstone with high precision wherein the workpiece is automatically moved to the desired locations).
Regarding claim 4, Kaplan as modified teaches the method of claim 1, further comprising,
by the computer, mapping the gemstone girdle after capturing the top image and the side image of the gemstone (Paragraph 137, side camera 32 for girdle 12 profile mapping);
causing alignment of each of the x,y,z coordinates of each inscription spot, with the laser focal plane (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser) by instructing the x-y-z stage motors to move the holder and thereby the gemstone (Paragraph 127, motors are employed the stage system for driving the stage position);
wherein for each inscription spot, the x-y stage motor instructions follow a predetermined trajectory path (Paragraph 116, host computer sends commands to the laser inscription controller 60 defining the inscription pattern by defining XYZ positioning of the workpiece and a pattern of laser modulation in order to defining the inscription pattern; Paragraph 127, stage motors use encoders for feedback of stage position; moving the XYZ positioning of the workpiece based on the pattern would be setting the encoders to specific settings based on the determined pattern which means having the motor instructions follow a predetermined path) and z stage motor instructions are determined with respect to the girdle profile using the side image (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser wherein the camera allows precise determination of the position of the gridle of the gemstone such that the laser may be focused on the gemstone; Claim 2, automatically control the position of the gemstone in response to data received from the optical receiver).
Regarding claim 5, Kaplan as modified teaches the method of claim 1, wherein
the x-y-z coordinates of each inscription spot are pre- determined based on a reference calibrated to a size of the gemstone (Paragraph 135, complete inscription with logo is projected on an image from a vertically oriented camera providing the user with the ability to interactively change the length of inscription and height of characters to align the whole inscription; Paragraph 138, operator is able to mark the points based on the vertically oriented camera 28; Paragraph 17, the markings themselves may be a fully automated inscription which means that the entire process of determining the coordinates of the spots is automated; Paragraph 116, host computer sends commands to the laser inscription controller 60 defining the inscription pattern by defining XYZ positioning of the workpiece and a pattern of laser modulation in order to defining the inscription pattern; Paragraph 127, stage motors use encoders for feedback of stage position; the markings and the processing are automated based on images captured from the cameras).
Regarding claim 6, Kaplan as modified teaches the method of claim 1, wherein
the laser is a solid-state/excimer laser (Paragraph 91, laser is a solid state laser).
Regarding claim 9, Kaplan (US 20080043220 A1) teaches a system for laser inscribing a gemstone (Figure 8 Paragraph 115, laser inscription process), the system comprising:
a computer with a processor and memory (Paragraph 116, computer 52; Paragraph 19, associated memory is a nonvolatile memory; Paragraph 72, processor for controlling said directing means), the computer in communication with at least one motor coupled to a holder configured to hold the gemstone (Paragraph 116, computer sends commands to the laser inscription controller 60 for defining XYZ positioning of the workpiece 131), and a laser generator to create an inscription on the gemstone (Paragraph 116, computer sends commands to the laser inscription controller 60 for defining a pattern of laser modulation 132; Paragraph 110, file of data from the cameras are transferred to the controller 51 for inscription control),
wherein the first light source of a first wavelength (Figure 3, 650nm LEDs) is configured to be directed at the gemstone in the holder from a side-view (Figure 3 Paragraph 102, set of LEDs produce illumination at angles which are directed toward the workpiece from two sides such as to supply light to a side CCD camera 32);
wherein the second light source is configured to be directed at the gemstone in the holder from a girdle top-view (Figure 2 Paragraph 101, LED 20 being directed toward the workpiece 11 from the top);
a top camera configured with a top camera color filter (Figure 2, beam splitter 23 and dichroic mirror 8 which act as filters by only allowing certain types of wavelengths through) that only transmit light from the second light source (Paragraphs 101 and 136, filters are provided to prevent damage to the cameras by the reflected laser energy wherein the top CCD camera views the workpiece at 650 nm; it would further have been obvious to filter out all other wavelengths since the camera views at 650 nm) and to capture a top image of the gemstone in the holder (Figure 2 Paragraph 101, top CCD camera views the workpiece at 650 nm wherein the workpiece reflects a portion of the illumination bean back through the microscope toward a top CCD camera through beam splitters Figure 3 Paragraph 102, side CCD camera 32 captures an image of the workpiece 11 from a vertical direction);
a side camera configured to capture a side image of the gemstone in the holder (Figure 3 Paragraph 102, side CCD camera 32 captures an image of the workpiece 11 from a vertical direction)
wherein the computer is configured to utilize the captured side image to map a side view girdle profile of the gemstone (Paragraph 102, the wide image 35 includes the profile of the girdle; Paragraph 135, gridle area is determined by image analysis in the computer system; Paragraph 135, inscription with logo is projected on an image from a vertically oriented camera providing the user with an ability to interactively change various parameters of the inscription; Paragraph 193, imager outputs are input to an image analysis program which performs edge detection) and calculate a relative motor movement to align each spot along the inscription with a laser focal plane (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser; Claim 2, automatically control the position of the gemstone in response to data received from the optical receiver);
wherein the computer is further configured to cause the laser generator to generate a laser beam at the gemstone in the holder (Paragraph 142, focusing the laser onto the workpiece surface; Paragraph 116, computer sends commands to define the inscription pattern by defining a pattern of laser modulation), and the relative motor movement of the gemstone in the holder (Paragraph 116, computer sends commands to define the inscription pattern by defining XY positioning of the workpiece 131) aligns the spots along the inscription at substantially equal spacing from one another along the inscription (Paragraph 167, the array of spots are positioned at generally coordinate positions based on the pattern which means that adjacent spots are equally spaced from each other; Paragraph 107, XYZ positioning system generates the inscription with repeatability and resolution of about 1.0 microns).
Kaplan fails to teach:
the computer in communication with a first light source configured to emit light of a first wavelength and a second light source configured to emit light of a second wavelength different from the first wavelength
controlling the first and second light source by the computer
a top camera color filter that only transmits light from the second light source at the second wavelength while blocking light at the first wavelength
a side camera configured with a side camera color filter that only transmit light from the first light source at the first wavelength while blocking light at the second wavelength and to capture a side image of the gemstone in the holder
TAKAHASHI (US 20170370855 A1) teaches an apparatus for assessing optical quality of gemstones, wherein:
the computer in communication with a first light source and a second light source (Paragraph 133, computer unit controls the illumination source)
controlling the first and second light source by the computer (Paragraph 133, computer unit controls the illumination source)
cameras are configured with a camera color filter (Paragraph 116, each image is taken using a bandpass filter; Paragraph 105, image capturing component such as a color camera)
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with TAKAHASHI and have the light sources which comprise a filter be controlled by a computer. This would have been done to have the intensity and exposure time of the illumination source be automatically controlled (TAKAHASHI Paragraph 133).
The Office further notes that the MPEP teaches that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. MPEP §2144.04.VI.B. In this case, having the light sources be controlled by the computer is not sufficient to distinguish over the prior art.
Kaplan modified with TAKAHASHI fails to explicitly teach the limitations of “a second light source configured to emit light of a second wavelength different from the first wavelength”, “a top camera color filter that only transmits light from the second light source at the second wavelength while blocking light at the first wavelength”, and “a side camera configured with a side camera color filter that only transmit light from the first light source at the first wavelength while blocking light at the second wavelength and to capture a side image of the gemstone in the holder”. However, Kempf (US 11651505 B2) teaches a system and method for vision inspection with multiple types of light of different wavelengths (Kempf Column 10 Lines 44-46) wherein four different types of lights are projected into the target area from different directions toward a box or other object within the target area (Kempf Column 9 Lines 22-33). Kempf further teaches that beam splitters are used to direct light of the at least three different types onto one or more imaging sensors for acquisition of multiple sub images, where filters are positioned at the outside of each imaging device in order to selectively pass a particular type of light for acquisition of a particular sub-image and selectively exclude other types of light (Kempf Column 18 Lines 4-52). Furthermore, pre-surface filters are arranged on the sides of the ring light between the light sources and the target area (Column 13 Line 66 – Column 14 Line 5) to provide polarization orientations and filtering for the light sources (Kempf Column 20 Lines 61-67). In addition, Sasian (US 20050190357 A1) teaches a system for evaluation gemstones, wherein a side camera is positioned vertically to the diamond (Sasian Figures 2A-2B) and wherein a plurality of discrete optical elements each outputting different light is positioned over an extended area (Sasian Paragraph 107), such as to generate an image of the gemstone (Sasian Paragraph 153) as well as determine a plurality of parameters of the diamond, including various angles and the size of the diamond’s girdle (Sasian Paragraph 174). It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with Kempf and Sasian and have the side camera positioned vertically from the diamond and further placed optical filters in front of each of the light sources and cameras, including the side camera, such as to only allow energy from certain LEDs to enter each respective camera. This would have been done to help avoid loss of relevant data (Kempf Column 15 Lines 31-34) and to improve acquisition of images of surfaces features of a target (Kempf Column 2 Lines 4-6) when capturing a plurality of sub-images by means of multiple sensors (Kempf Column 18 Lines 4-52) during a reliable and inexpensive method of evaluating and/or designing diamonds (Sasian Paragraph 55).
The Office further notes that using multiple LED panels from different angles to deliver light to a plurality of cameras positioned at different angles for the purpose of modeling a girdle of a diamond is known in the art as evidenced by Smith (US 20120274751 A1).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan (US 20080043220 A1) in view of TAKAHASHI (US 20170370855 A1), Kempf (US 11651505 B2), and Sasian (US 20050190357 A1) as applied to claim 1 above, and further in view of Fukuyo (US 8937264 B2).
Regarding claim 7, Kaplan as modified teaches the method of claim 1, further comprising,
by the computer, modulating each inscription spot by a width by modifying the z-offset (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser wherein the camera allows precise determination of the position of the gridle of the gemstone such that the laser may be focused on the gemstone; the spot intended to be irradiated by the laser is irradiated such as to result in a groove with a width) and by using a beam expander (Paragraph 100, beam expander is used to reduce density of the filtered laser beam).
Kaplan as modified fails to explicitly teach:
modulating each inscription spot by a width by modifying the z-offset by controlling a motorized iris open and close, inserting an optical attenuator module or utilizing a filter in a path of the laser beam.
Fukuyo (US 8937264 B2) teaches a laser processing method and laser processing apparatus, wherein:
modulating each inscription spot by a width by modifying the z-offset by controlling a motorized iris open and close (Figure 77 Column 62 Lines 19-53, iris diaphragm is disposed on an optical axis of the laser light instead of a beam expander such that changing the aperture size of the iris diaphragm adjust the effective diameter of the light-converging lens 105), inserting an optical attenuator module or utilizing a filter in a path of the laser beam.
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with Fukuyo and have used an iris diaphragm in place of a beam expander. This would be done as use of an iris diaphragm is a known substitute for a beam expander (Fukuyo Figure 77 Column 62 Lines 19-53) and would be used adjust the desirable size of a modified spot (Fukuyo Column 63 Lines 38-62).
Regarding claim 8, Kaplan as modified teaches the method of claim 1, further comprising,
by the computer, modulating each inscription spot for the inscription by a width (Paragraph 139, the workpiece is moved automatically to the desired location based on determining the focal plane of the laser wherein the camera allows precise determination of the position of the gridle of the gemstone such that the laser may be focused on the gemstone; the spot intended to be irradiated by the laser is irradiated such as to result in a groove with a width) and by using a beam expander (Paragraph 100, beam expander is used to reduce density of the filtered laser beam)
Kaplan as modified fails to explicitly teach:
by the computer, modulating each inscription spot for the inscription by a width by modifying a laser power variation by controlling a motorized iris open and close, inserting an optical attenuator module, or utilizing a filter in a path of the laser.
Fukuyo (US 8937264 B2) teaches a laser processing method and laser processing apparatus, wherein:
by the computer, modulating each inscription spot for the inscription by a width by modifying a laser power variation by controlling a motorized iris open and close, inserting an optical attenuator module, or utilizing a filter in a path of the laser (Column 59 Lines 1-18, power regulator 401 for adjusting the power of laser light L emitted from a laser light source 101 comprises a plurality of filters for moving the filters into the position of the laser light such as to adjust the power of the laser light L emitted from the laser light source 101).
It would have thus been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Kaplan with Fukuyo and used a power regulator comprise a plurality of filters. This would be done for adjusting the power of the laser light to the desired power and size (Fukuyo Column 63 Lines 38-62).
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 FRANKLIN JEFFERSON WANG whose telephone number is (571)272-7782. The examiner can normally be reached M-F 10AM-6PM (E.S.T).
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, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.J.W./Examiner, Art Unit 3761
/WOODY A LEE JR/Primary Examiner, Art Unit 3761
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