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 .
Claim Rejections - 35 USC § 102
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 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) 1-6, 8-9, 11-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flores et al. (US 20160260001A1).
Regarding claim 1, Flores teaches A method for constructing a three-dimensional marker from a precursor element ([0013] FIG. 2 illustrates a schematic representation of a system for producing a three dimensional bar code, according to an embodiment), said precursor element having at least one surface (Fig. 6A-D, [0061] In the example of FIG. 6B, a 3D barcode of at least two colors is shown. In this example, the system has converted a 1D barcode along with supplemental data into a 3D barcode of a two colors by (1) converting the 1D barcode's first color elements (e.g., black bars) into a first height representation (e.g., raised elements 613), (2) converting the 2D barcode's second color elements (e.g., white spaces between the black bars) into a second height representation (e.g., pits 602); and (3) augmenting at least one of the height representations with an additional color (e.g., white space 615 in pit 612) that represents additional encoded data), said method comprising: determining at least one two-dimensional representation associated with said at least one surface of the precursor element, said at least one two-dimensional representation comprising a plurality of values respectively associated with parts of the at least one surface of said precursor element; and
constructing a corresponding section of said three-dimensional marker from said at least one surface by setting a structural feature of a section element, among a group of section elements, of the corresponding section, defining the section element from said at least one surface, as a function of one of the values of the at least one two-dimensional representation associated with the respective part of said at least one surface (Fig. 6A-D [0061] (2) converting the 2D barcode's second color elements (e.g., white spaces between the black bars) into a second height representation (e.g., pits 602); and (3) augmenting at least one of the height representations with an additional color (e.g., white space 615 in pit 612) that represents additional encoded data. The system may maintain the relative width of each of the 1D barcode's elements in order to preserve data that the width represents, and the additional color elements may be included within that width or (as shown) with a width of their own. The system may save this data to a data file, which the 3D printer will use to print the 3D barcode on a 3D object or substrate).
Regarding claim 2, Flores teaches The construction method according to claim 1, wherein said precursor element has a plurality of faces, said determining the at least one two-dimensional representation comprises determining a plurality of two-dimensional representations respectively associated with at least some of said faces of the precursor element, and said constructing comprises, for each of the faces of said precursor element associated with one of the two-dimensional representations, constructing a corresponding section of said three-dimensional marker from said face by setting the structural feature of one of the section elements of the corresponding section, defining said one of the section elements from said face, as a function of the values of the at least one two-dimensional representation, said values being respectively associated with parts of said face (Fig. 6A-D [0061] (2) converting the 2D barcode's second color elements (e.g., white spaces between the black bars) into a second height representation (e.g., pits 602); and (3) augmenting at least one of the height representations with an additional color (e.g., white space 615 in pit 612) that represents additional encoded data. The system may maintain the relative width of each of the 1D barcode's elements in order to preserve data that the width represents, and the additional color elements may be included within that width or (as shown) with a width of their own. The system may save this data to a data file, which the 3D printer will use to print the 3D barcode on a 3D object or substrate).
Regarding claim 3, Flores teaches The construction method according to claim 2, wherein the plurality of two-dimensional representations is determined to maximize a determined distance between the two-dimensional representations associated with two juxtaposed ones of the faces of said precursor element ([0061] In the example of FIG. 6B, a 3D barcode of at least two colors is shown. In this example, the system has converted a 1D barcode along with supplemental data into a 3D barcode of a two colors by (1) converting the 1D barcode's first color elements (e.g., black bars) into a first height representation (e.g., raised elements 613), (2) converting the 2D barcode's second color elements (e.g., white spaces between the black bars) into a second height representation (e.g., pits 602); and (3) augmenting at least one of the height representations with an additional color (e.g., white space 615 in pit 612) that represents additional encoded data, [0063] The system may thus augment one or more of the 2D barcode's pixels with a different color in order to add more data to the barcode. The system may save this data to a data file, which the 3D printer will use to print the 3D barcode on a 3D object or substrate) .
Regarding claim 4, Flores teaches The construction method according to claim 1, wherein said structural feature of the section element of the corresponding section is the height of the section element relative to said at least one surface (Fig. 6A-D, [0009] determining the barcode symbology the system may convert the bars to a first height representation, convert the spaces to a second height representation, and convert the supplemental data to a color representation).
Regarding claim 5, Flores teaches The construction method according to claim 4, wherein the setting the structural feature of the corresponding section element corresponds to a height increase or a height decrease with respect to said respective part of the at least one surface of the precursor element ([0057] The system may create a barcode symbology such that the varying thickness of the bars may be represented as differing heights of elements of a 3D barcode (raised areas and/or pits) created on the surface of the object or the substrate, [0008] system may convert the bars to a first height representation and convert the spaces to a second height representation. Then, when generating the build sequence, the system may generate instructions for the 3D printing device to use a single color to print the bars at a first height corresponding to the first height representation and print the spaces at a second height).
Regarding claim 6, Flores teaches The construction method according to claim 5, wherein the at least one two-dimensional representation comprises a series of first values and a series of second values, at least one first value being different from a second value, the height increase being associated with said series of first values and the height decrease being associated with said series of second values ([0057] The system may create a barcode symbology such that the varying thickness of the bars may be represented as differing heights of elements of a 3D barcode (raised areas and/or pits) created on the surface of the object or the substrate, [0008] system may convert the bars to a first height representation and convert the spaces to a second height representation. Then, when generating the build sequence, the system may generate instructions for the 3D printing device to use a single color to print the bars at a first height corresponding to the first height representation and print the spaces at a second height).
Regarding claim 8, Flores teaches The construction method according to claim 5, wherein the three-dimensional marker is configured to cooperate with an acquisition system ([0005] a three-dimensional (3D) printing device, processor and computer-readable memory a 3D barcode and prints a three-dimensional object containing information embedded in the 3D barcode by: (i) receiving information to be embedded in the 3D barcode; (ii) determining a barcode symbology, wherein the barcode symbology includes at least one symbol character in a z-dimension; (iii) generating a build sequence that will cause the 3D-printing device to print the 3D barcode that embeds the received information in the 3D barcode in accordance with the barcode symbology; and (iv) using the build sequence to print the 3D object so that each symbol character of the symbology that is to appear in the z-dimension is printed as a physical representation in the z-direction on the 3D object), the height increase or decrease depending on accuracy parameters of said acquisition system ([0048] defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the type of scanner to be used and its resolution, (iii) defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the resolution of the 3D printer)..
Regarding claim 9, Flores teaches The construction method according to claim 4, wherein, each section of said three-dimensional marker being formed of a plurality of section elements, respective heights of the plurality of section elements of the at least one section are determined as a function of the different values of the two-dimensional representation, respectively (([0008] print the bars at a first height corresponding to the first height representation and print the spaces at a second height corresponding to the second height representation so that the first height and second height, [0048] defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the type of scanner to be used and its resolution, (iii) defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the resolution of the 3D printer).
Regarding claim 11, Flores teaches The construction method according to claim 1, wherein the at least one two-dimensional representation is a matrix representation ([0062] FIG. 6C, the system has converted a 2D matrix barcode into a 3D barcode of a single color by (1) converting the 2D barcode's first color elements (e.g., black pixels) into a first height representation (e.g., upper height level elements 623 projecting toward the z-direction), (2) converting the 2D barcode's second color elements (e.g., white pixels) into a second height representation (e.g., lower height level elements 622)
Regarding claim 12, Flores teaches The construction method according to claim 1, wherein the at least one two-dimensional representation comprises binary values ([0039] Types of data may include, without limitation, American Standard Code for Information Exchange (ASCII) character set, integers (16-bit, 32-bit, etc.), Boolean (binary, octate, etc.), alphanumeric strings, textual information, or a combination thereof, [0049] symbol characters in the z-direction may include, representing numerical binary values such that the presence of a pit with at least a threshold depth or width represents a zero and the presence of a raised area with at least a threshold height or width represents a one, or vice versa)
Regarding claim 13, Flores teaches The construction method according to claim 12,
wherein said structural feature of the section element of the respective section is the height of the section element relative to said at least one surface, wherein the setting the structural feature of the respective section element corresponds to a height increase or a height decrease with respect to said respective part of the at least one surface of the precursor element, wherein the at least one two-dimensional representation comprises a series of first values and a series of second values, at least one first value being different from a second value, the height increase being associated with said series of first values and the height decrease being associated with said series of second values (([0008] print the bars at a first height corresponding to the first height representation and print the spaces at a second height corresponding to the second height representation so that the first height and second height, [0048] defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the type of scanner to be used and its resolution, (iii) defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the resolution of the 3D printer), and wherein the first values are equal to 1 and the second values are equal to 0 ([0039] Types of data may include, without limitation, American Standard Code for Information Exchange (ASCII) character set, integers (16-bit, 32-bit, etc.), Boolean (binary, octate, etc.), alphanumeric strings, textual information, or a combination thereof, [0049] symbol characters in the z-direction may include, representing numerical binary values such that the presence of a pit with at least a threshold depth or width represents a zero and the presence of a raised area with at least a threshold height or width represents a one, or vice versa).
Regarding claim 14, Flores teaches The construction method according to claim 1, further comprising a step of constructing a system for mechanical attachment of the three-dimensional marker (Fig. 6A-D [0005] generating a build sequence that will cause the 3D-printing device to print the 3D barcode that embeds the received information in the 3D barcode in accordance with the barcode symbology; and (iv) using the build sequence to print the 3D object so that each symbol character of the symbology that is to appear in the z-dimension is printed as a physical representation in the z-direction on the 3D object, [0035] part numbers, order information, website data, organizational information, or other such information needed for ordering, printing, or customizing parts. At least part of this information may be included in 3D barcodes to be engraved and/or affixed directly to the respective parts).
Regarding claim 16, Flores teaches A three-dimensional marker obtained by the construction method according to claim 1 ([0051] a build sequence for creating the 3D barcode by encoding data based on the determined barcode symbology directly on an object or on a substrate to be affixed on the object).
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.
Claim(s) 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over as being unpatentable over Flores et al. (US 20160260001A1), in view of Scola et al. (US5742037A, herein Scola).
Regarding claim 7, Flores teaches The construction method according to claim 5, wherein the height increase or the height decrease is implemented ([0024] Further, “symbol character” refers to the unique geometric shapes or bar and space patterns or elements used in a bar code symbology to represent particular data characters, [0008] print the bars at a first height corresponding to the first height representation and print the spaces at a second height corresponding to the second height representation so that the first height and second height, [0048] defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the type of scanner to be used and its resolution, (iii) defining the range of height, depth, width, or spacing of physical representations in the symbol characters based on at least the resolution of the 3D printer).
Flores does not teach … for a randomly-determined one of the parts of the at least one surface of the precursor element
Scola teaches for a randomly-determined one of the parts of the at least one surface of the precursor element (col. 5 lines 36-43 produce an image of the portion of the can most likely to contain a barcode. Depending upon the orientation of the can about axis 18 (which is typically random) and height of the barcode, one or more imaging systems may be necessary to locate the barcode.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Flores’s teaching of generating unique geometric shapes used in a bar code with Scola’s teaching of randomly determining barcode positioning on the object. The combined teaching provides an expected result of generating unique geometric shapes of randomly determined barcode positioning. Therefore, one of ordinary skill in the art would be motivated to improve system efficiency and accuracy allowing determination for any part even random.
Regarding claim 10, Flores teaches The construction method according to claim 1, wherein the plurality of values of the two-dimensional representation ([0024] Further, “symbol character” refers to the unique geometric shapes or bar and space patterns or elements used in a bar code symbology to represent particular data characters).
Flores does not teach … is randomly determined
Scola teaches is randomly determined (col. 5 lines 36-43 produce an image of the portion of the can most likely to contain a barcode. Depending upon the orientation of the can about axis 18 (which is typically random) and height of the barcode, one or more imaging systems may be necessary to locate the barcode.)
Claim(s) 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over as being unpatentable over Flores et al. (US 20160260001 A1), in view of Ulichney et al. (US20220189101, herein Ulichney).
Regarding claim 15, Flores teaches The construction method according to claim 14, wherein said precursor element has a plurality of faces, said determining the at least one two-dimensional representation comprises determining a plurality of two-dimensional representations respectively associated with at least some of said faces of the precursor element, and said constructing comprises, for each of the faces of said precursor element associated with one of the two-dimensional representations, constructing a corresponding section of said three-dimensional marker from said face by setting the structural feature of one of the section elements of the corresponding section defining said one of the section elements from said face, as a function of the values of the at least one two-dimensional representation, said values being respectively associated with parts of said face, and wherein the mechanical attachment system is positioned on an (Fig. 6A-D [0005] generating a build sequence that will cause the 3D-printing device to print the 3D barcode that embeds the received information in the 3D barcode in accordance with the barcode symbology; and (iv) using the build sequence to print the 3D object so that each symbol character of the symbology that is to appear in the z-dimension is printed as a physical representation in the z-direction on the 3D object, [0035] part numbers, order information, website data, organizational information, or other such information needed for ordering, printing, or customizing parts. At least part of this information may be included in 3D barcodes to be engraved and/or affixed directly to the respective parts, [0043] number of barcodes, types of data to be encoded in the x, y, or z-directions, [0044] the processor may select the types of barcode symbology in the x-direction and/or the y-direction, based on factors such as geographic location, marking standards).
Flores does not teach apex of the three-dimensional marker corresponding to the intersection of several of the faces of the precursor element
Ulichney teaches apex of the three-dimensional marker corresponding to the intersection of several of the faces of the precursor element ([0012] the 3D object may be marked by changing a color of the 3D object at the intersection of the 3D object and the volumes, [0038] the marking instructions 314 may include executable instructions to mark voxels of the 3D object in the intersection. For example, the processor 304 may execute the marking instructions 314 to mark voxels of the 3D object in the intersection)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Flores’s teaching of generating a marking on an object with Ulichney’s teaching of marking at the intersection of several faces. The combined teaching provides an expected result of generating a marking on an object based at the intersection of several faces. Therefore, one of ordinary skill in the art would be motivated to improve the readability of barcodes as shown in Ulichney [0011].
Regarding claim 17, Flores teaches The construction method according to claim 14, wherein said precursor element has a plurality of faces, said determining the at least one two-dimensional representation comprises determining a plurality of two-dimensional representations respectively associated with at least some of said faces of the precursor element, said constructing comprises, for each of the faces of said precursor element associated with one of the two-dimensional representations, constructing a corresponding section of said three-dimensional marker from said face by setting the structural feature of one of the section elements of the corresponding section defining said one of the section elements from said face, as a function of the values of the at least one two-dimensional representation, said values being respectively associated with parts of said face (Fig. 6A-D [0005] generating a build sequence that will cause the 3D-printing device to print the 3D barcode that embeds the received information in the 3D barcode in accordance with the barcode symbology; and (iv) using the build sequence to print the 3D object so that each symbol character of the symbology that is to appear in the z-dimension is printed as a physical representation in the z-direction on the 3D object, [0035] part numbers, order information, website data, organizational information, or other such information needed for ordering, printing, or customizing parts. At least part of this information may be included in 3D barcodes to be engraved and/or affixed directly to the respective parts, [0043] number of barcodes, types of data to be encoded in the x, y, or z-directions, [0044] the processor may select the types of barcode symbology in the x-direction and/or the y-direction, based on factors such as geographic location, marking standards), wherein the plurality of two-dimensional representations is determined to maximize a determined distance between the two-dimensional representations associated with two juxtaposed ones of the faces of said precursor element (Fig. 6A-D [0061] (2) converting the 2D barcode's second color elements (e.g., white spaces between the black bars) into a second height representation (e.g., pits 602); and (3) augmenting at least one of the height representations with an additional color (e.g., white space 615 in pit 612) that represents additional encoded data. The system may maintain the relative width of each of the 1D barcode's elements in order to preserve data that the width represents, and the additional color elements may be included within that width or (as shown) with a width of their own. The system may save this data to a data file, which the 3D printer will use to print the 3D barcode on a 3D object or substrate)., and wherein the mechanical attachment system is positioned (Fig. 6A-D [0005] generating a build sequence that will cause the 3D-printing device to print the 3D barcode that embeds the received information in the 3D barcode in accordance with the barcode symbology; and (iv) using the build sequence to print the 3D object so that each symbol character of the symbology that is to appear in the z-dimension is printed as a physical representation in the z-direction on the 3D object, [0035] part numbers, order information, website data, organizational information, or other such information needed for ordering, printing, or customizing parts. At least part of this information may be included in 3D barcodes to be engraved and/or affixed directly to the respective parts, [0043] number of barcodes, types of data to be encoded in the x, y, or z-directions, [0044] the processor may select the types of barcode symbology in the x-direction and/or the y-direction, based on factors such as geographic location, marking standards).
Flores does not teach on an apex of the three-dimensional marker corresponding to the intersection of several of the faces of the precursor element
Ulichney teaches on an apex of the three-dimensional marker corresponding to the intersection of several of the faces of the precursor element ([0012] the 3D object may be marked by changing a color of the 3D object at the intersection of the 3D object and the volumes, [0038] the marking instructions 314 may include executable instructions to mark voxels of the 3D object in the intersection. For example, the processor 304 may execute the marking instructions 314 to mark voxels of the 3D object in the intersection)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Marentis (US20150018671) discloses a retained object tag.
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/YVONNE TRANG FOLLANSBEE/Examiner, Art Unit 2117
/ROBERT E FENNEMA/Supervisory Patent Examiner, Art Unit 2117