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 4/28/2026 have been fully considered are addressed below:
Applicant’s amendments overcome the objection of claim 1. The objection has been withdrawn.
Applicant's arguments with respect the 103 rejections of claims 1-5, 7, and 10-17 have been fully considered but they are not persuasive.
Applicant argues the neither Bruce alone, nor Bruce in combination with Wang, teaches or suggests the claimed invention. The rejection relies on over-generalization of "heat exchanger," functional hindsight, and an unsupported motivation to combine references directed to different technical problems that would not result in the invention of claim 1 even if they were to be combined (see remarks page 5).
Applicant argues that Bruce does not disclose a heat exchanger attached to a sensing device body at all but instead describes an enclosure-level air duct and exhaust system that removes heated air from an enclosure in which scanners are positioned (see remarks page 1). The applicant further argues that Bruce's shared cooling system couples the thermal behavior of multiple scanners and addresses enclosure-level heat removal (see remarks page 1). The applicant further argues Bruce does not disclose the claimed "measurement region" and does not provide a solution which interacts with such a measurement region in the same way as the device of claim 1 (see remarks page 2).
The examiner disagrees that the air duct and exhaust system would not be considered a heat exchanger. Bruce teaches that each sensor has its own exhaust pipe which is structurally attached to each sensor which removes heat from each sensor to the outside of the measurement region ([0080]). By removing the heat from the enclosure and thus around the sensor, the heat is removed from any arbitrary measurement region surrounding the sensor, in which temperature changes would negatively impact the sensor, inside the enclosure ([0079]; [0085]).
The applicant further argues that there would be no motivation to for a skilled person to combine Bruce and Wang. Nothing in Bruce suggests that optical measurement accuracy is limited by temperature gradients in a region surrounding an individual sensing device, or that per-device heat exchangers attached to the sensing device body would be desirable (see remarks page 6, 8).
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, Wang teaches that a heat exchanger mounted on the outside of the sensor is used to ensure a good working temperature environment for internal components of the sensor ([0007]). As such, Wang teaches the heat exchanger is externally mounted to a sensor to improve thermal stability. Further, Bruce does not teach away from additional localized cooling structures on the sensor. Specifically, Bruce teaches in some examples the scanners may be configured to be rigidly mounted, and the mount may include a machined scanhead comprising aluminum material which may provide or act as a heat sink for the machine vision cameras or other components of the scanner. The scanner attaches to the scanner frame via an aluminum bar which further may carry heat away from the scanner ([0093]). Modifying Bruce to include the heat exchanger attached to the outside of the sensor body is a complimentary arrangement, not a contradiction, and the applicants argument overstate the incompatibility. One of ordinary skill in the art would reasonably understand that enclosure level airflow and an externally mounted heat exchanger can both be used to stabilize the local temperature of the sensor.
The applicant further argues that Bruce and Wang are not analogous art because Wang is not directed to metrology systems, does not disclose a measurement region as claimed, and does not address optical measurement accuracy or temperature-induced sensing errors (see remarks page 7).
In response to applicant's argument that Wang is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Wang is analogous art because it addresses the same problem of removing heating from a sensor body ([0018]), thus preventing temperature changes that would negatively affect the sensor ([007]). Even if Wang teaches a water-cooled system, Wang provides clear motivation for arranging a heat exchanger on the outside of the sensor body to solve this problem.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning (see remarks page 6), it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Wang teaches that a heat exchanger mounted on the outside of the sensor is used to ensure a good working temperature environment for internal components of the sensor ([0007]), therefore modifying Bruce to include wherein all of the heat exchanger is attached to an outside of the body to remove heat from the body to the outside of a measurement region would yield predictable results and therefore does not require permissible hindsight.
In summary, Bruce teaches a system in which the temperature of a sensing device inside an enclosure is maintained by a cooling system (Fig. 7A, [0079]). Wang teaches a cooling protector for a welding sensor where a heat exchanger is attached to an outside of the sensor body in order to transfer heat away from the sensor body ([0018]). Such methods of regulating the temperature of a sensing device using known components such as heat exchangers would be obvious to one of ordinary skill in the art, regardless of the placement of the heat exchanger, as the function is well-known and predictable.
As such, the rejections of the claims have been maintained.
The examiner recommends further amending the claim to include additional limitations about the specific placement of the heat exchanger on the outside of the body. Particularly, in the applicant’s specification paragraphs [0044]-[0045], it is stated that the heat exchanger is positioned on two faces of the body 105, and has a L shape or that the heat exchanger may be positioned on three or four faces of the body. However, the examiner notes CN 105953060 B by Liu (cited in the IDS and conclusion of NOA mailed 4/11/2025) which teaches a laser bracket support with an L shape used to cool a measuring instrument (at least Fig. 1; abstract). Although a similar limitation was suggested by the examiner in the interview summary dated 10/21/2025 (see also the suggestion regarding the measurement region), further consideration and search would be required to define the patentability of such limitations and any suggestion is provided here is only a courtesy to further advance prosecution.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-5, 7, and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over US20170324947A1 by Bruce et al. (hereinafter "Bruce"; newly cited) in view of CN218396577U by Wang (newly cited; translation provided)..
Regarding claim 1, Bruce teaches a sensing device for a metrology system (Fig. 7A-D; any one of scanners 806a-c; [0079]), the sensing device having a measurement region (measurement region may be defined as the space inside enclosure 810; [0079]) and comprising:
a body (scanners 806a-c have a body as shown in more detail Fig. 3 as scanhead 308; [0053]), the body comprising:
at least one light source ([0081] scanners may include light source) arranged to emit a light onto a workpiece ([0079] object 804);
at least one sensor arranged to receive light from the light source after it has been reflected by the workpiece ([0081] scanners may include a camera; further described in reference to Fig. 8A [0088] “cameras 902, 904, and 906 may be configured to capture an image of the object with the light pattern projected thereon”; thus an image of the object contains reflected light); and
a heat exchanger (cooling system: exhaust fan 814, exhaust pipe 816, and air ducts 812a-c) including an inlet and an outlet for exchanging heat between the measurement region and an outside of the measurement region (air duct 812 has an inlet at the scanner and an outlet to exhaust pipe 816; [0080] “The cooling system may include a plurality of air ducts 812 a-c within the enclosure 810 that are coupled to respective scanners 806 a-c. The air ducts 812 a-c are each coupled to an exhaust fan 814 that is positioned outside of the enclosure 810 and is configured to cause heat generated by the scanners 806 a-c to be removed from the enclosure 810. The air ducts 812 a-c may merge into an exhaust pipe 816 that couples to the exhaust fan 814.”), wherein the heat exchanger is attached to an outside of the body and is arranged to transfer heat from the body into the heat exchanger and from the heat exchanger to the outside of the measurement region ([0081] “air ducts 812 a-c may be coupled to the scanners 806 a-c through respective seals”; “scanners 806 a-c may also include respective fans that couple to the air ducts 812 a-c and cool the scanners 806 a-c”; Fig. 7A-D; It could considered that the heat exchanger is attached to the outside of the body since it is not shown or described to be inside the scanners 806; however, additional teaching is provided below),
wherein all of the heat exchanger is positioned outside of the body ([0081] ; Fig. 7A-D ; it could be considered that the cooling system or heat exchanger is outside the body of the scanner; however, additional teaching is provided below) and
wherein the measurement region is a region surrounding the sensing device in which a sensor is negatively affected by temperature changes ([0079] measurement region in the enclosure heats up due to the scanners and a cooling system is used in order to lower the heat; [0085] temperature threshold).
Additionally, Bruce teaches in some examples the scanners may be configured to be rigidly mounted, and the mount may include a machined scanhead comprising aluminum material which may provide or act as a heat sink for the machine vision cameras or other components of the scanner. The scanner attaches to the scanner frame via an aluminum bar which further may carry heat away from the scanner ([0093]).
However, even if Bruce does not explicitly teach wherein the heat exchanger is attached to an outside of the body and is arranged to transfer heat from the body into the heat exchanger and from the heat exchanger to the outside of the measurement region, wherein all of the heat exchanger is positioned outside of the body, the heat exchanger of Bruce (or cooling system) still transfers heat from the entire scanner, which includes the body, thus is effectively performing the same function.
Further, Wang can be relied upon to teach these limitations. Wang and Bruce are considered to be analogous to the present invention as they are in the same field of sensor cooling systems.
Wang teaches a cooling protector for a welding sensor where a heat exchanger is attached to an outside of the sensor body in order to transfer heat away from the sensor body ([0018] a hollow water-cooled sticking plate on the side wall of the welding sensor, and uses the circulating water of the cold water tank to continuously cool the sensor shell so that the temperature of the welding sensor can be kept at a low level during operation). Also, Wang teaches wherein all of the heat exchanger is positioned outside of the body (Fig. 1 and 2 sensor shell 1 with all other components outside the shell or body). Although Wang teaches a water cooling system, the same technique of cooling the outside of a body could be applied using other fluid cooling techniques.
Thus, it would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to attach all of the heat exchanger to the outside of a sensor in order to transfer heat from the body into the heat exchanger. Therefore, it would have been obvious to modify Bruce to include wherein the heat exchanger is attached to an outside of the body and is arranged to transfer heat from the body into the heat exchanger and from the heat exchanger to the outside of the measurement region, wherein all of the heat exchanger is positioned outside of the body as suggested by Wang in order to ensure a good working temperature environment for internal components of the sensor ([0007]).
Regarding claim 2, Bruce modified by Wang teaches the sensing device according to claim 1, and Bruce further teaches wherein the heat exchanger is a fluid heat exchanger ([0080] cooling system uses air).
Regarding claim 3, Bruce modified by Wang teaches the sensing device according to claim 2, and Bruce further teaches wherein the fluid is air ([0080] cooling system uses air).
Regarding claim 4, Bruce modified by Wang teaches the sensing device according to claim 3, and Bruce further teaches comprising a temperature sensor for detecting the temperature in the measurement region of the sensing device ([0085] "a sensor may be coupled to each respective scanner 806 a-c that is configured to determine a temperature of the scanner; scanner is in measurement region").
Regarding claim 5, Bruce modified by Wang teaches the sensing device according to claim 4, and Bruce further teaches comprising a heat sink ([0093] the aluminum material may provide or act as a heat sink for the machine vision cameras or other components of the scanner; thus the sensing device or scanner comprises a heat sink). Further, Wang teaches a heat sink (Fig. 1a heat dissipation plate 9; [0037])
Regarding claim 7, Bruce modified by Wang teaches the sensing device according to claim 1, and although Bruce does not explicitly teach wherein the heat exchanger is attached to the body via brackets of the sensing device, Bruce does appear to show mounting brackets for scanner 806c in Fig. 7C. Also, Bruce teaches the scanners may be attached to a scanner frame via an aluminum bar which further may carry heat away from the scanner ([0093]).
Further, Wang does address this limitation.
Wang teaches wherein the heat exchanger is attached to the body via brackets of the sensing device ([009]; [0029] In order to facilitate the installation of the hollow water-cooling plate 3, an extension edge for installing the hollow water-cooling plate 3 on the sensor housing 1 can be provided on the side of the hollow water-cooling plate 3 (refer to Figure 1 for the structure). )
It would have been well known to someone of ordinary skill in the art before the effective filing date of the claimed invention to use brackets to attach components. Therefore, it would have been obvious to modify Bruce to include wherein the heat exchanger is attached to the body via brackets of the sensing device as suggested by Wang in order to securely mount the heat exchanger and ensure good contact for optimal heat transfer.
Regarding claim 10, Bruce modified by Wang teaches the sensing device according to claim 1, and Bruce further teaches a metrology system for inspection of a three-dimensional workpiece (at least Fig. 7A; system 800; [0079]), comprising:
an enclosure (enclosure 810; [0079]), comprising:
at least one sensing device according to claim 1 (scanners 806a-c; [0079]), wherein the heat exchanger of the sensing device is arranged to exchange heat between an inside the enclosure and an outside of the enclosure ([0080]-[0081] exhaust 814 pulls hot air out of the enclosure 810) .
Regarding claim 11, Bruce modified by Wang teaches the metrology system according to claim 10, and Bruce further teaches comprising at least two sensing devices according to claim 1 ([0079] scanner 806a and 806b).
Regarding claim 12, Bruce modified by Wang teaches the metrology system according to claim 11, and Bruce further teaches comprising a temperature sensor for each sensing device, located inside of the enclosure ([0085] a sensor may be coupled to each respective scanner 806 a-c that is configured to determine a temperature of the scanner).
Regarding claim 13, Bruce modified by Wang teaches the metrology system according to claim 12, and although Bruce does not explicitly teach further comprising a temperature detector for sensing a temperature of the metrology system inside of the enclosure, Bruce does teach sensors to determine the temperatures of sensors ([0085]) which are inside the enclosure ([0079]). Further, it has been held that the mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) MPEP 2144.04 VI. The temperatures sensors have a well-known, predictable function and it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include an additional temperature sensor to use as a temperature detector for sensing a temperature of the metrology system inside of the enclosure in order to maintain the operating temperature of the system ([0085]).
Regarding claim 14, Bruce modified by Wang teaches the metrology system according to claim 10, and Bruce further teaches a method for improving the performance of a metrology system according to claim 10, wherein the method comprises:
exchanging heat between a measurement region of a sensing device inside of the enclosure, and an outside of the enclosure ([0080]-[0081]).
Regarding claim 15, Bruce modified by Wang teaches the method of claim 14, and further teaches wherein the method further comprises, prior to the exchanging:
detecting a temperature in the measurement region ([0085] determine a temperature of the scanner ); and
determining that the temperature deviates from a desired temperature ([0085] "scanners 806 a-c may have operating temperatures in the range of 60-90 degrees"; "exhaust fan 814 may be configured to activate when a temperature is within such operating temperature range so as to maintain the operating temperature").
Regarding claim 16, Bruce modified by Wang teaches the method of claim 15, and further teaches wherein the heat exchanging is performed constantly when the light source is active ([0085] "cooling system may be always on to cool the scanners 806 a-c, or always on during scanning"; [0081] "light sources of the scanners 806 a-c that generate a majority of heat in the scanner").
Regarding claim 17, Bruce modified by Wang teaches the method of claim 16, and further teaches wherein the determining is further based on a temperature detected by a temperature sensor of the metrology system ([0085] "a sensor may be coupled to each respective scanner 806 a-c that is configured to determine a temperature").
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E KIDWELL whose telephone number is (703)756-1719. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m. ET.
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, Tarifur Chowdhury can be reached at 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLYN E KIDWELL/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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