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 .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 01/09/2026.
Claim 17 is canceled by the applicant.
Claims 1-20 are pending, where claim 1 is independent.
The specification objection has been withdrawn because the arguments and amended specification overcome the objections.
The rejection under 112 set forth in the last Office Action is maintained because of the said terms “as long as” and “about” render the claims indefinite. It is suggested to delete the terms “as long as” and “about” to overcome the 112 rejections.
Response to Arguments
Applicant's arguments filed on 01/09/2026 have been fully considered but they are not persuasive.
As to pages 10-11, applicant argues Shapiro does not teach or suggest "determine a distance between the optical assembly and the surface of the material to be processed by the CNC machine based on (a) one or more measurements of the intensity of the light emitted from the one or more emitters and reflected off the surface of the material to be processed by the CNC machine, and (b) one or more measurement parameters associated with the determined material type" as recited in claim 1. However, in page 10-11 of the remarks, applicant acknowledges that Shapiro disclosed “using a laser and detector for determining the distance to the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector and light from the imaging laser directed to a reference mirror and then to the detector - to determine the distance to the surface of the material 140”.
Examiner respectfully disagrees because (Shapiro [0003-19] “commanded to cause delivery of the electromagnetic energy - movable head to deliver the electromagnetic energy to effect a change in a material - perform one or more of the operations - exchange data and/or commands or other instructions” [0156-192] “acquiring distance to the surface of the material 140 - an imaging laser and an imaging detector to perform interferometry on the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector - determine the distance to the surface of the material 140 - a laser output from the head 160 - used as the imaging laser - any light source of known wavelength” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [abstract] see Fig. 1-14, acquiring distance to surface of material, perform interferometry on the surface of the material (as measurement using interference of waves of light/radio/sound waves and include characteristics of waves interact with materials based on materials), imaging laser and imaging detector (laser and optics both based on light sources), light from imaging laser, reflect off the surface of the material and detector, material recognized (from library, image analysis, previous usage, pre-calculated, stored settings, barcodes or markings used) to identify material type, determine distance to surface of the material, perform plurality of operations obviously provides determine a distance between optical assembly and surface of material based on (a) one or more measurements of the intensity of the light emitted from one or more emitters and reflected off the surface of the material to be processed by the CNC machine, and (b) one or more measurement parameters associated with determined material type) obviously teaches the argued limitations. The rejection is given under 103 obviousness rejection. Therefore, Applicant’s arguments are not persuasive.
Multiple filed related applications
Applicants have filed multiple related applications. To date, some of the related applications have been allowed or under NOA and it appears that some related applications are stand pending, yet to be examined. There are plurality of co-pending related Applications and double patenting is proper. See MPEP 804 and 1490 (VI) D:
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 3-4 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
a) Claim 4 recites the limitation “about five to six”. The term “about” renders the claim indefinite because the claim(s) include(s) elements are relative terms to the level of ordinary skill in the pertinent art and it is a broad term, thereby rendering the scope of the claim(s) unascertainable. It is suggested to delete the term “about” to overcome the 112 rejections. See MPEP § 2173.05.
b) Claim 3-4 recites the limitation “as long as a/the diameter”. The term “as long as” renders the claim indefinite because the claim(s) include(s) elements are relative terms to the level of ordinary skill in the pertinent art and it is a broad term, thereby rendering the scope of the claim(s) unascertainable. It is suggested to delete the term “as long as” to overcome the 112 rejections. See MPEP § 2173.05.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-16 and 18-20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Shapiro, et al. (USPGPub No. 20170045877 A1).
As to claims 1, 16 and 18-19, Shapiro discloses A system comprising: computer numerically controlled (CNC) machine comprising a head attached to a gantry, wherein the head comprises (i) an optical assembly configured to focus a laser beam onto a surface of a material to be processed by the CNC machine and (ii) a measurement assembly comprising one or more emitters and one or more detectors, wherein the one or more detectors are configured to measure an intensity of light emitted from the one or more emitters and reflected off the surface of the material to be processed by the CNC machine; (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material” [0156-192] “acquiring distance to the surface of the material 140 - an imaging laser and an imaging detector to perform interferometry on the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector - Light from the imaging laser directed to a reference mirror and then to the detector - to determine the distance to the surface of the material 140 - a laser output from the head 160 - used as the imaging laser - any light source of known wavelength” [0072-0154] “updating in real-time, with the aid of machine vision - use of sensor data to optical data” [0040-71] [abstract] see Fig. 1-14, machine vision, sensor data, optical data, imaging laser and imaging detector, light from imaging laser, reflect off surface of material obviously provides optical assembly to focus laser beam onto surface of material) and
one or more processors configured to (i) determine a material type of the material to be processed by the CNC machine (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [0156-192] [0040-71] [abstract] see Fig. 1-14, barcodes or other markings used to identify type of material 140 obviously provides determination of material type processed),
(ii) determine a distance between the optical assembly and the surface of the material to be processed by the CNC machine based on (a) one or more measurements of the intensity of the light emitted from the one or more emitters and reflected off the surface of the material to be processed by the CNC machine, and (b) one or more measurement parameters associated with the determined material type, and (iii) control focusing of the laser beam onto the surface of the material based at least in part on the determined distance between the optical assembly and the surface of the material (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0156-192] “acquiring distance to the surface of the material 140 - an imaging laser and an imaging detector to perform interferometry on the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector - Light from the imaging laser directed to a reference mirror and then to the detector - to determine the distance to the surface of the material 140 - a laser output from the head 160 - used as the imaging laser - any light source of known wavelength” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [abstract] see Fig. 1-14, acquiring distance to surface of material, perform interferometry on the surface of the material (as measurement using interference of waves of light/radio/sound waves and include characteristics of waves interact with materials based on materials), imaging laser and imaging detector (laser and optics both based on light sources), light from imaging laser, reflect off the surface of the material and detector, material recognized (from library, image analysis, previous usage, pre-calculated, stored settings, barcodes or markings used) to identify material type, determine distance to surface of the material, perform plurality of operations, laser output from head, light source of known wavelength, programs with plurality of processors to perform plurality of operations obviously provides the limitations).
Application and the reference Shapiro are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain optical assembly and laser guided measurement.
It would be therefore obvious to one having ordinary skill in the art at the time of the invention that machine vision, sensor data, optical data, imaging laser and imaging detector, light from imaging laser, reflect off surface of material are assumed as optical assembly to focus laser beam on the surface of material.
As to claim 2, Shapiro further discloses The system of claim 1, wherein the one or more processors are configured to determine the material type of the material to be processed based on one or more of (i) an image of the material obtained from a camera, or (ii) one or more user inputs (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [0156-192] [0040-71] [abstract] see Fig. 1-14, material recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result, barcodes or other markings used to identify type of material 140 obviously provides determine material type of the material to be processed).
As to claim 3, Shapiro further discloses The system of claim 1, wherein the measurement assembly further comprises one or more masks, wherein the one or more masks comprise a first mask comprising a bore, wherein the bore comprises a first opening, a second opening, and an interior space between the first opening and the second opening having an interior surface and a length, wherein the length of the interior space of the bore is at least twice as long as a diameter of at least one of the first opening or the second opening (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 4, Shapiro further discloses The system of claim 3, wherein the length of the interior space of the bore is between about five to six times as long as the diameter of at least one of the first opening or the second opening (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 5, Shapiro further discloses The system of claim 3, further comprising a window arranged to prevent debris from entering the interior space of the bore (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 6, Shapiro further discloses The system of claim 3, wherein the interior surface of the bore comprises one of a cylindrical or rectangular shape (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 7, Shapiro further discloses The system of claim 3, wherein at least a portion of the interior surface of the bore comprises an anti-reflective surface (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 8, Shapiro further discloses The system of claim 3, wherein at least one of the first opening or the second opening of the bore comprises one or more physical features configured to affect propagation of light between the interior space of the bore and at least one of the first opening or the second opening (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 9, Shapiro further discloses The system of claim 8, wherein the one or more physical features comprises one or more of (i) a roughed surface, (ii) a threaded surface, (iii) an engraved surface, or (iv) a surface configured to trap light (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 10, Shapiro further discloses The system of claim 1, further comprising a first emitter mask positioned between a first emitter and the surface of the material, and wherein the first emitter mask is configured to control a divergence of light emitted from the first emitter (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 11, Shapiro further discloses The system of claim 1, further comprising a first detector mask positioned between a first detector and the surface of the material, and wherein the first detector mask is configured to direct light that is emitted from the one or more emitters and reflected by the surface of the material to the first detector (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 12, Shapiro further discloses The system of claim 1, wherein the one or more emitters comprise a first emitter and a second emitter, and wherein the one or more detectors comprise a first detector and a second detector (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 13, Shapiro further discloses The system of claim 1, wherein the light emitted from the one or more emitters comprises infrared light (Shapiro [0003-19] [0072-154] [0156-192] [0040-71] [abstract], Figures 1-2,5,8-11 provides the limitations).
As to claim 14, Shapiro further discloses The system of claim 1, wherein the one or more processors are configured to control focusing of the laser beam onto the surface of the material based at least in part on the determined distance between the optical assembly and the surface of the material while at least one of (i) the optical assembly is moving relative to the surface of the material or (ii) the surface of the material is moving relative to the optical assembly (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0156-192] “acquiring distance to the surface of the material 140 - an imaging laser and an imaging detector to perform interferometry on the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector - Light from the imaging laser directed to a reference mirror and then to the detector - to determine the distance to the surface of the material 140 - a laser output from the head 160 - used as the imaging laser - any light source of known wavelength” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [0040-71] [abstract] see Fig. 1-14, acquiring distance to surface of material, imaging laser and imaging detector, light from imaging laser, reflect off the surface of the material and detector, to determine distance to surface of the material, a laser output from head, light source of known wavelength, machine vision, camera and programs cause one or more processors to perform one or more of operations obviously provides control laser beam onto the surface of the material based on determined distance between the optical assembly and the surface of the material while moving relative to the surface of the material or (ii) the surface of the material is moving relative to the optical assembly).
As to claim 15, Shapiro further discloses The system of claim 1, wherein the one or more processors are configured to control focusing of the laser beam onto the surface of the material based at least in part on the determined distance between the optical assembly and the surface of the material without moving the one or more emitters or the one or more detectors (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0156-192] “acquiring distance to the surface of the material 140 - an imaging laser and an imaging detector to perform interferometry on the surface of the material 140 - light from the imaging laser used to reflect off the surface of the material 140 and directed to a detector - Light from the imaging laser directed to a reference mirror and then to the detector - to determine the distance to the surface of the material 140 - a laser output from the head 160 - used as the imaging laser - any light source of known wavelength” [0072-154] “material 140 recognized from a library, image analysis, or a previous usage, pre-calculated or stored settings used to provide desired result - barcodes or other markings used to identify the type of material 140 - cameras use image recognition to identify the material 140” [0040-71] [abstract] see Fig. 1-14, acquiring distance to surface of material, imaging laser and imaging detector, light from imaging laser, reflect off the surface of the material and detector, to determine distance to surface of the material, a laser output from head, light source of known wavelength, machine vision, camera and programs cause one or more processors to perform one or more of operations obviously provides control laser beam onto the surface of the material based on the determined distance between the optical assembly and the surface of the material without moving emitters or detectors).
Claim 17 (canceled).
As to claim 20, Shapiro further discloses The system of claim 1, wherein the one or more processors comprise one or more of (i) one or more processors of the CNC machine, (ii) one or more processors of a computing device configured to control one or more functions of the CNC machine, or (iii) one or more processors of a computing system a location remote from the CNC machine and configured to control one or more functions of the CNC machine (Shapiro [0003-19] “computer numerically controlled machine include a movable head - commanded to cause delivery of the electromagnetic energy - executing operations of a motion plan for causing movement of the movable head to deliver the electromagnetic energy to effect a change in a material - programs cause one or more processors to perform one or more of the operations - multiple computing systems connected and exchange data and/or commands or other instructions” [0072-154] “CNC machine 100, on a locally connected computer, or on a remote server connected via the internet - sophisticated recognition performed remotely by a server on the internet - processor on CNC machine 100 send images to a remote server - identify the location of the material 140” [0156-192] [0040-71] [abstract] see Fig. 1-14, programs cause one or more processors to perform one or more of the operations - multiple computing systems, commands or other instructions, CNC machine locally connected computer or on remote server connected via internet obviously provides processors of CNC machine, computing device, control one or more functions of the CNC machine, or computing system a location remote from the CNC machine and control functions of the CNC machine).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Shapiro, et al. (USPGPub No. 2018/0113434 A1 discloses a method for manufacturing processes implementing and detection of anomalous conditions processing of sensor data in CNC machine.
Garvey, et al. USPGPub No. 2016/0069677 A1 discloses a CNC machine of manufacturing a workpiece or product of high-fidelity measurements with absolute accuracy and measurement are done in separate operations with specialized equipment dedicated to each operation.
Sinnige, et al. USPGPub No. 2023/0205180 A1 discloses a manufacturing system for controlling numerical controlled machines using machine learning.
Shapiro, (USPGPub No. 2018/0150047 A1 discloses a method to calibrate computer-numerically-controlled machine based on images or other sensor data.
Cella, et al. USPGPub No. 2022/0187847 A1 discloses a method for management involving data management, artificial intelligence, network connectivity and digital twins, additive manufacturing, and energy management.
Shapiro, (USPGPub No. 2018/0147658 A1 discloses a method for dithering include receiving, at a computer numerically controlled machine comprising a laser, a motion plan corresponding to plurality of images.
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 extension fee 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 Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Md Azad/
Primary Examiner, Art Unit 2119