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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: SC1 and SC2 (fig. 27).
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
The submitted specification has 13 instances of reciting “second lens 4131.” This seems to be clearly erroneous since 4131 is also ascribed to the first lens, and since the description on p. 57, ll. 28–31, as well as fig. 28B (described by the aforementioned passage), suggest that the second lens should have reference character 4132.
Page 6, ll. 19–20, of the submitted specification recites “(welding information providing apparatus?),” which appears to be draft language which should be corrected.
The same goes for “(camera unit?)” on p. 7, l. 3; “(unit?)” on p. 7, l. 21, “(a welding information providing apparatus?)” on p. 8, ll. 20–21; “(welding information providing apparatus?)” on p. 9, ll. 19–20 and l. 29; “(welding information providing apparatus?)” on p. 10, l. 2 and l. 4; “(welding information providing apparatus? or inner cover unit?)” on p. 10, ll. 24–25; “(welding information providing apparatus?)” on p. 11, ll. 13–14; “(1131?)” on p. 18, l. 4; “(O/S?)” on p. 19, l. 23; “(advanced RISC machine?)” on p. 20, l. 2; “(1131?)” on p. 22, l. 22; “(10?)” on p. 32, l. 24; “(10?)” on p. 34, l. 2; “(the intensity of?)” on p. 34, l. 23; and “(unit?)” on p. 37, l. 10; .
Page 16, ll. 10–11; p. 22, l. 24 and ll. 30–31; p. 25, ll. 4–5; p. 26, l. 17; and p. 27, l. 14 of the submitted specification recite untranslated Korean language text.
The use of the terms “Wi-Fi,” “Bluetooth,” “Zigbee,” “IEEE,” “3rd Generation (3G),” “3rd Genration Partnership Project (3GPP),” and “Long Term Evolution (LTE),” which are trade names or marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM, or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
On p. 20, l. 10 and p. 36, l. 21, the submitted specification recites “Wifi,” which should be “Wi-Fi,” and “Wifi-Direct,” which should be “Wi-Fi Direct.”
On p. 38, l. 5 of the submitted specification, “an user’s field of view” should be “a user’s field of view.”
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.
Claims 1–3 and 6–9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (CN 109870814 A, document and FIT database and EPO translations provided by the Office).
Claim 1: Xu discloses a welding information providing apparatus comprising:
a main body (10) provided to be worn by a user;
a display unit (40) arranged on the main body and including a display (43) for displaying a welding image to the user;
at least one camera unit (44) attached to an outer side of the main body (see fig. 2) and obtaining welding image frames with respect to a welding operation; and
a processor (42) configured to control the display to display the welding image generated based on the welding image frames (at least via 45, 46, and 47; see the connections between 42 and 45 and 46, respectively, in fig. 3), wherein the camera unit includes a darkening filter blocking welding light generated due to the welding operation (the disclosure explains that image photosensitive sensor 50 receives an arc light signal and transmits it to the circuit board, which controls lenses 45 and 47 to have an effect on electrochromic layer 47; the FIT database translation is not perfectly clear, but the second-to-last paragraph of the specification discuses that when 0 V is applied to the lenses, the image is transparent, while when 5 V is applied to the lenses, the image has a “deeper color,” by which is meant a darker color; the Office confirms this understanding with the EPO translation).
Claim 2: Xu discloses that the darkening filter (45, 46, 47) is arranged in front of a lens (44) receiving light from a subject (see fig. 3).
Claim 3: Xu discloses an optical sensor (photosensitive or light sensor 50) for detecting whether there is the welding light and an intensity of the welding light, and the processor is configured to control a darkening density of the darkening filter according to whether there is the welding light or the intensity of the welding light detected by the optical sensor (“the image photosensitive sensor 50 receiving the arc light signal and transmits the signal to the circuit board 42, a circuit board 42 according to the signal control voltage between front conductive lens 45 and rear conductive lens 46 so that the electrochromic medium layer 47 have chemical reaction and generate colour change, so that the camera 44 can shoot clear electric welding and to display through the liquid crystal display screen 43”).
Claim 6: Xu discloses a camera unit comprising:
a lens assembly (45, 46) including one or more lenses;
a substrate assembly (42, 44) including an image sensor (44) that recognizes light passing through the lens assembly and a printed circuit board (42) coupled to the image sensor (see fig. 3);
a filter unit (47) arranged on a path through which the light moves and including a darkening filter (47) blocking the light; and
a processor (42) configured to control a darkening density of the darkening filter (the disclosure explains that image photosensitive sensor 50 receives an arc light signal and transmits it to the circuit board, which controls lenses 45 and 47 to have an effect on electrochromic layer 47; the FIT database translation is not perfectly clear, but the second-to-last paragraph of the specification discuses that when 0 V is applied to the lenses, the image is transparent, while when 5 V is applied to the lenses, the image has a “deeper color,” by which is meant a darker color; the Office confirms this understanding with the EPO translation).
Claim 7: Xu discloses an optical sensor (photosensitive or light sensor 50) for detecting whether there is the welding light and an intensity of the welding light, and the processor is configured to control a darkening density of the darkening filter according to whether there is the welding light or the intensity of the welding light detected by the optical sensor (“the image photosensitive sensor 50 receiving the arc light signal and transmits the signal to the circuit board 42, a circuit board 42 according to the signal control voltage between front conductive lens 45 and rear conductive lens 46 so that the electrochromic medium layer 47 have chemical reaction and generate colour change, so that the camera 44 can shoot clear electric welding and to display through the liquid crystal display screen 43”).
Claim 8: Xu discloses that the filter unit (47) is arranged in front of the lens assembly (46) receiving light from a subject (see fig. 3).
Comment: The claim is able to be understood in this way given the breadth of the “lens assembly including one or more lenses” of claim 6.
Claim 9: Xu discloses that the filter unit (47) is arranged between the lens assembly (45) and the image sensor (44).
Comment: The claim is able to be understood in this way given the breadth of the “lens assembly including one or more lenses” of claim 6.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 5, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xu as applied to claims 1 and 6 above, and further in view of Magnusson et al. (JP 2008-533524 A, document and translation provided by the Office).
Claim 4: Xu does not disclose that its camera unit further comprises a neutral density filter arranged in front of the darkening filter.
However, neutral density filters are well-known. Magnusson discloses a neutral density filter (60) for a welding helmet (“welding helmet”). Magnusson teaches that its neutral density filter uses polarizers to reduce glare.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the neutral density filter taught by Magnusson to the apparatus of Xu to offer a different way to increase visibility while welding.
Claim 5: Modified as per claim 4 above, Magnusson discloses that the neutral density filter is a digital filter (evident from “liquid crystal cells 26 and 30,” as well as “control voltage of the filter 10”) of which a neutral density is controlled by a processor (62).
Claim 10: Xu does not disclose that the filter unit further includes a neutral density filter arranged in front of the darkening filter.
However, neutral density filters are well-known. Magnusson discloses a neutral density filter (60) for a welding helmet (“welding helmet”). Magnusson teaches that its neutral density filter uses polarizers to reduce glare.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the neutral density filter taught by Magnusson to the apparatus of Xu to offer a different way to increase visibility while welding.
Claim 11: Modified as per claim 10 above, Magnusson discloses that the neutral density filter is a digital filter (evident from “liquid crystal cells 26 and 30,” as well as “control voltage of the filter 10”) of which a neutral density is controlled by a processor (62).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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/JOHN J NORTON/ Primary Examiner, Art Unit 3761