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 01/27/2026 have been fully considered but they are not persuasive. According to BRI “machine readable symbol” can be interpreted as an multidimensional (2d, 3d) objects/shapes which can be read by light scanner and therefore art by D1 , Moreover argument on page 8 and 9 regarding claim 1 fails as D1 explicitly teach “Then, as the imaging system moves and/or is scanned, the second dimension of the scene may be collected (by the corresponding line of pixels of the imaging sensor) to thereby form a 2D image at each wavelength. This may be done simultaneously for a plurality of rows of pixels of the image sensor so that a 2D image scan of different wavelengths of interest are obtained for each of row of pixels” . For scanner of D1 it does not matter whether it scans bar code or any other complicated shape with different wavelength marking. What Applicant calls “machine-readable symbol” is just an example of objects which can be scanned. Moreover “machine-readable symbol” is never detected or positively claimed in the claim. How does sensor and image processor know if it is just a black and white strips drawn on a box.
Regarding claims 9-18 Applicant need to clarify what is machine readable symbol. Due to the broadness of the claim what claim 9 essentially recited is detecting light which includes object of interest and background which does not correspond to object of interest. It is important to note that although Applicant recites limitation “capturing image data of an object and a machine-readable symbol” according to claim machine readable symbol is just object made by first material (for example airplane made from aluminum can read on it).
Examiner understands that Applicant interprets the “machine-readable symbol” is something like a barcode but for example Specification in Description of related art does not give good interpretation of the term. For example sentence “Machine-readable symbols encode information in a form that can be optically read via a machine-readable symbol reader” if one takes 3D image of the car by Lidar and then classify it my the neural network as a car that would read on definition. Then Applicant uses sentence “Machine-readable symbols take a variety of forms, the most commonly recognized form being the linear or one-dimensional barcode symbol” which is clearly non-limiting. How does lidar detection of car can not read on definition language. Extensive usage of “may comprise”, “typically ” ,”most commonly” does not fully define the term.
In future rejection Examiner interpreted the machine-readable symbol includes object signal and background is non-machine readable symbol such as background .
Regarding claim 19 Applicant need to clarify the argued subject matter in claim. Term “linear data set” include interpretation of linear dependency. What argued in Remarks filed on 01/27/2026 is another interpretation which need to be clarified in the claim.
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.
Claim 19-20 and its dependents 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.
The limitations “an image processor communicatively coupled to the hyperspectral sensor such that a first subset of the captured image data is received by the image processor, wherein the first subset of the captured image data is a 2D planar data set that includes a machine-readable symbol carried by the object;
a hyperspectral processor communicatively coupled to the hyperspectral sensor such that a second subset of the captured image data is received by the hyperspectral processor, wherein the second subset of the captured image data includes a plurality of linear data sets” are unclear.
As we receive 2D image one can connect the data of the 2D image to the “a 2D planar data set that includes a machine-readable symbol carried by the object” But then it is unclear what is “linear data set” and where from it is originated. Also it is unclear how that linear dataset is used. Applicant Just merely mentioned existence of that data set but does not perform or use that at all. Examiner interpretation is due to background having capability (mostly constant or linear nature) The background interpreted as a linear data.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by D1 US 20160148963 A1.
Regarding claim 1 D1 teaches
1. (Original) A machine-readable symbol reader, comprising:
a hyperspectral sensor[0049] configured to capture image data of an object within a field of view of the hyperspectral sensor, [0017]
the captured image data including a 3D cubic data set[0117], wherein the 3D cubic data set includes a plurality of 2D planar data sets,[0086]
each of the plurality of 2D planar data sets captured within a discrete range of wavelengths of the electromagnetic spectrum; and[0086-0087]
an image processor(140) communicatively coupled to the hyperspectral sensor such(fig. 3) that a first subset of the captured image data is received by the image processor and a second subset of the captured image data is excluded from the image processor, (implicit the actual image and background data are received)[0017-0019]
wherein the first subset (the image data)of the captured image data includes at least one of the plurality of the 2D planar data sets captured at a selected one of the discrete ranges of wavelengths of the electromagnetic spectrum, [0117-0119]
wherein each of the selected ones of the discrete range of wavelengths is a range of wavelengths in which at least a portion of a machine-readable symbol carried by the object(image of interest) is present and a background of the object is absent.[0119]
9. (Original) A method of decoding a machine-readable symbol, the method comprising:
capturing image data of an object and a machine-readable symbol carried by the object with a hyperspectral sensor of a machine-readable symbol reader when the object and the machine-readable symbol are positioned within a field of view of the hyperspectral sensor,[0017.0049] wherein
the machine-readable symbol is formed by a first material and the object includes a second material that forms no part of the machine-readable symbol;[0119]
identifying at least one range of wavelengths of the electromagnetic spectrum in which the first material is present within the captured image data and the second material is absent from the captured image data;[0117-0119]
sending a portion of the captured image data to an image processor communicatively coupled to the hyperspectral sensor, wherein the portion of the captured image data includes at least one 2D planar data set captured at the identified at least one range of wavelengths; and[0119]
decoding the machine-readable symbol.[0112-0114](implicit when data is communicated from one system to another one)
19. (Original) A machine-readable symbol reader, comprising:
a hyperspectral sensor configured to capture image data for an object within a field of view of the hyperspectral image sensor, the captured image data including a 3D cubic data set;[0017, 0049]
an image processor communicatively coupled to the hyperspectral sensor such that a first subset of the captured image data is received by the image processor, wherein the first subset of the captured image data is a 2D planar data set that includes a machine-readable symbol carried by the object;[0117-0119] (slices include data corresponding to object image)
a hyperspectral processor(140) communicatively coupled to the hyperspectral sensor (fig. 3) such that a second subset of the captured image data is received by the hyperspectral processor(all data obtained), wherein the second subset of the captured image data includes a plurality of linear data sets, (examiner interpretation due to nature of the background linear data are background[0117-0119])wherein the hyperspectral processor:
identifies locations within the captured image data in which the object is absent,[0117-0119] and communicates the identified locations to the image processor,[0117-0119] wherein the image processor identifies a region of interest within the first subset of the captured image data, the region of interest excluding the identified locations.[0117-0119]
2. (Original) The machine-readable symbol reader of claim 1, further comprising:
a nontransitory storage medium that stores a decoding library, the nontransitory storage medium communicatively coupled to the image processor, the decoding library containing a database of information about machine-readable symbols.[0111-0113]
3. (Currently Amended) The machine-readable symbol reader of any one of claims1 to 2claim1 wherein the second subset of captured image data includes at least one of the plurality of the 2D planar data sets captured at a non-selected one of the discrete range of wavelengths of the electromagnetic spectrum, wherein each of the non-selected ones of the discrete range of wavelengths is a range of wavelengths in which the background of the object is present. [0117-0119]
4. (Currently Amended) The machine-readable symbol reader of any one of claims1 to 3claim1 wherein the second subset of captured image data includes at least one of the plurality of the 2D planar data sets captured at a non-selected one of the discrete range of wavelengths of the electromagnetic spectrum, wherein each of the non-selected ones of the discrete range of wavelengths is a range of wavelengths in which both the machine-readable symbol carried by the object and the background are present. [0117-0119]
5, 17(Currently Amended) The machine-readable symbol reader of any one of claims1 tod claim1 wherein at least one of the selected ones of the discrete range of wavelengths is outside of the visible spectrum of the electromagnetic spectrum.[0073]
6, 18 (Currently Amended) The machine-readable symbol reader of any one of claims1 to 4 claim1 wherein each of the selected ones of the discrete range of wavelengths is outside of the visible spectrum of the electromagnetic spectrum.[0073]
7. (Currently Amended) The machine-readable symbol reader of any one of claims1 to 6 claim1 wherein the background is a surface of the object.(implicit[0117-0119])
8. (Currently Amended) The machine-readable symbol reader of any one of claims1 to 6 claim1 wherein the background is a label upon which the machine-readable symbol is printed, and the label is secured to the object.(implicit computer identifies non relevant part as background which is in computer language represented by some type of label)
13. (Currently Amended) The method of any one of claims9 to 12 claim9 wherein:
identifying the at least one wavelength includes identifying a plurality of ranges of wavelengths of the electromagnetic spectrum;[0117-0119]
sending a portion of the captured image data to the image processor includes sending a plurality of 2D planar data sets; and;[0117-0119]
each of the plurality of 2D planar data sets is captured at respective ones of the identified plurality of ranges of wavelengths. ;[0117-0119]
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) 10- 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1.
Although D1 does not explicitly teach
10. (Original) The method of claim 9 wherein the first material is an ink.(it is just one of the obvious applications of the imaging)
11. (Currently Amended) The method of any one of claims9 and10claim10 wherein the second material forms a label upon which the ink is printed to form the machine- readable symbol. .(it is just one of the obvious applications of the imaging and background is a paper)
12. (Original) The method of claim 11 wherein the label includes written indicia that form no part of the machine-readable symbol. .(it is just one of the obvious applications of the imaging and background is a paper)
It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 in order to use HSI for ink classification in historical documents.
Claim(s) 14-16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 in view of D2 US 20110033082 A1.
Regarding claim 14 D1 does not teach
14. (Original) The method of claim 9 wherein decoding the machine-readable symbol includes accessing a decoding library that contains a database of information about machine-readable symbols, the decoding library being communicatively coupled to the image processor.
16. (Original) The method of claim 9 wherein decoding the machine-readable symbol includes identifying the object based on the decoded machine-readable symbol.
20. (Original) The machine-readable symbol reader of claim 19, further comprising:
a nontransitory storage medium that stores a decoding library, the nontransitory storage medium communicatively coupled to the image processor, the decoding library containing a database of information about machine-readable symbols.
D2 teaches
wherein decoding the machine-readable symbol includes accessing a decoding library that contains a database of information about machine-readable symbols, the decoding library being communicatively coupled to the image processor.(claim 12)
16. (Original) The method of claim 9 wherein decoding the machine-readable symbol includes identifying the object based on the decoded machine-readable symbol.(claim 12, 29)
20. (Original) The machine-readable symbol reader of claim 19, further comprising:
a nontransitory storage medium that stores a decoding library, the nontransitory storage medium communicatively coupled to the image processor, the decoding library containing a database of information about machine-readable symbols.(claim 12)
It would be obvious to one of ordinary skills in the art at the time of filing to modify teachings by D1 with teaching by D2 in order to perform forensic analysis.
15. (Original) The method of claim 14 wherein accessing the decoding library includes inputting only the portion of the captured image data to the decoding library, the portion of the captured image data including only 2D planar data sets captured at the identified at least one range of wavelengths in which the first material is present within the captured data set and the second material is absent from the captured data set.(D1 teaches removing background [0119] and D2 teaches removing background[0041])
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645