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 .
Status of Claims
In the preliminary amendment of 9/20/2023, Applicant amended claims 3-11 and 15. Claims 1-15 are pending.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woollett et al. (WO 2004/057552 A1)(hereinafter Woollett) in view of Gosior et al. (US Pub. 2002/0159434 A1)(hereinafter Gosior) in view of Miyazaki et al. (US Pub. 2007/0287542 A1(hereinafter Miyazaki)
Regarding claim 1, Woollett discloses a measurement device,(Woollett, Fig. 1 and Abstract; a measurement device on a coordinate positioning apparatus comprises a station (18) mounted on the measuring device (10); Page 3, Lines 26-Page 4, Line 2; The present invention provides a transmission system for a measurement device for a coordinate positioning apparatus...)
comprising a measurement sensor for generating metrology data (Woollett, Fig. 1 and Page 3, Lines 26-Page 4, Line 2; comprising: a first station for mounting with one of the measuring device and the coordinate positioning apparatus; Page 5, Lines 19-26; The measurement event may comprise a touch trigger event; Page 8, Lines 4-14; a touch trigger probe 10 mounted on a spindle 12 of a machine tool; Page 10, Lines 24-30; The transmitted radio packet from the probe station includes probe data.)
and a frequency hopping radio communications module for transmitting and receiving a radio signal over a plurality of frequency channels, (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
the frequency hopping radio communications module comprising a clock (Woollett, Page 4, Line 31-Page 5, Line 5; The first and second stations may be provided with a clock, wherein the clocks are synchronised at least once. The first station may transmit a regular transmission and wherein when the second station receives the signal it may synchronise its clock with the first station; Page 5 Line28 -Page 6,Line 10; A master clock is provided at one end of the transmission system and a sliding correlator is provided to recover the master clock. This provides a reference for the measurement device)
for defining a series of base time intervals, (Woollett, Fig. 5 and Page 14, Lines 4-20; The probe station is shown hopping between frequency channels at normal speed, e.g. one hop per millisecond, and the machine station is shown hopping at a much slower speed. e.g. one hop per 50 milliseconds)
and a memory for storing a hopping pattern describing a sequence of frequency channels, (Woollett, Page 8, Lines 21-26; Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other; Page 21 Line 9-Page 22, Line 4; A partnering process transfers the probe stations unique 32 bit ID to the machine station... when a probe is put onto a machine, the probe stations enters a ‘Send Acquisition' mode. In this mode it transmits a message which includes its unique ID and a header' which is recognised by the machine stations. This message is transmitted periodically, for example once every 1ms across all channels in its hopping pattern... When the machine station receives the transmission in which it recognises the ‘header' , it reads the ID. The machine station saves the ID into its memory in the form of an EEPROM... If the probe station successfully receives an acknowledgement (without errors) containing its own ID... The probe and machine station are now successfully partnered and the machine station will only communicate with the probe station having this ID.; Page 22, Lines 6-9; When the probe and machine stations are partnered (i.e. have the same ID) , they will have the same channel hopping pattern and thus will be able to communicate whilst channel hopping.) While Woollett discloses partnering requiring the exchange and storing of information in order for the communication devices to have the same hopping pattern, Woollett does not specifically state that the memory stores the hopping pattern. Gosior, in the same field of endeavor, however teaches employing the limitation. (Gosior; ¶0133; each base transceiver synchronization packet and also in the poll packet, information identifying the frequency hopping sequence of each base transceiver is stored. The new base transceiver uses this information to track and read information from adjacent base transceivers to help it select its hopping sequence.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of a memory for storing a hopping pattern describing a sequence of frequency channels, as taught by Gosior, in order to implement Woollett’s, teaching of the probe and the machine station having the same hopping pattern to enable the frequency hopping communication. (Woollett, Page 22, Lines 6-9)
wherein the communications module is operable in at least a first mode,(Woollett, Page 6, Lines 20-29; the first station has a mode)
a second mode (Woollett, Page 6, Lines 20-29; ...each regular signal asks if the first station should change mode, and wherein if the first station receives an affirmative response, it changes mode. A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.)
and a third mode, Woollett does not disclose and a third mode. Miyazaki, also in the field of providing device communication via frequency hopping, however, teaches providing a third mode. (Miyazaki,; ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot of Fig. 3D .) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of providing a third mode, as taught by Miyazaki, in order to facilitate efficient communication and use of the frequency hopping time slots. (Miyazaki, ¶0007 and ¶0044)
operation in the first mode comprises transmitting and/or receiving data using a series of frames having a first frame time, (Miyazaki, ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
the first frame time being equal to or an integer multiple of the base time interval, (Miyazaki; ¶0046; FIG. 3E show base time slots of a first game controller between time slots 0-1 of 3A)
operation in the second mode comprises transmitting and/or receiving data using a series of frames having a second frame time, the second frame time being an integer multiple of the first frame time, (Miyazaki, ¶0054; FIG. 3D shows base time slot for the first game controller utilizing slots 0-3, which is an integer multiple of the first time slot;)
operation in the third mode comprises transmitting and/or receiving data using a series of frames having a third frame time, the third frame time being an integer multiple of the second frame time, (Miyazaki, ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot;)
and each successive base time interval is associated with a successive frequency channel of the hopping pattern sequence, each frame using the frequency channel associated with the base time interval that occurs at the start of that frame. (Miyazaki, ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
Regarding claim 2, which depends from claim 1, Miyazaki discloses, wherein the first frame time is equal to the base time interval. (Miyazaki; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
Regarding claim 3, which depends from claim 1, Miyazaki discloses, wherein the second frame time is equal to M times the base time interval, where M = 2N and N is an integer of one or more. (Miyazaki; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
Regarding claim 4, which depends from claim 1, Miyazaki discloses, wherein the second frame time is twice the base time interval. (Miyazaki; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.; ¶0054; FIG. 3D shows the allocation of time slots when the game system 1 includes three wireless game controllers 20. If there are three wireless game controllers 20, the sniff attempt parameter NSA is 2. The sniff slots are thus set to four time slots each;)
Regarding claim 5, with depends from claim 1, Miyazaki discloses, wherein the third frame time is quadruple the base time interval. (Miyazaki; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.; ¶0048; FIG. 3B shows the allocation of time slots when the game system 1 includes one wireless game controller 20. If there is one wireless game controller 20, the sniff attempt parameter NSA is 4. The sniff slot is thus set to eight time slots;)
Regarding claim 6, which depends from claim 1, Woollett discloses, wherein the base time interval is at least 0.25ms. (Woollett, Fig. 5 and Page 14, Lines 4-20; The probe station is shown hopping between frequency channels at normal speed, e.g. one hop per millisecond, and the machine station is shown hopping at a much slower speed. e.g. one hop per 50 milliseconds and Miyazaki, ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
Regarding claim 7, which depends from claim 1, Woollett discloses wherein the first mode is used for standby communications of non-metrology data. (Woollett, Page 6, Lines 20-29; A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.; Page 15, Lines 31-34; The probe station radio standby mode is similar to the periodic update, although the time slots may be wider and the cycle time longer, i.e. slow hopping between frequency channels. Most of the time the data exchange will consist of the probe station transmitting its ID number and asking it if should be turned on; Page 16, Lines 18-23; Turn-off will require an exchange of messages as the turn-off request may come from the machine station or alternatively from the probe station (for example a time out). Following turn-off both probe and machine stations will return the synchronised slow hopping described above.)
Regarding claim 8, which depends from claim 1, Woollett wherein the second mode is used for the communication of touch trigger data. (Woollett, Page 6, Lines 20-29; A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode; Page 16, Lines 10-16; If it is required to turn-on the probe station, the machine station will reply "turn-on" and change to operating mode. The probe station will then switch to the operating mode.)
Regarding claim 9, which depends from claim 1, Miyazaki, specifically disclose wherein the third mode is used for the communication (Miyazaki, ¶0054; FIG. 3D shows the allocation of time slots when the game system 1 includes three wireless game controllers 20. If there are three wireless game controllers 20, the sniff attempt parameter NSA is 2. The sniff slots are thus set to four time slots each;)
of analogue probe data. (Woollett, Page 23, Lines 5-9; This invention is not limited to touch trigger probes. This transmission system is also suitable for use with scanning probes. In this case the regular transmissions will include data relating to probe deflection and the time of that probe deflection. 1)
Regarding claim 10, which depends from claim 1, Woollett discloses, where the measurement sensor comprises at least one of a touch trigger sensor, a scanning sensor, an ultrasound sensor and an imaging sensor. (Woollett, Fig. 1 Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Page 23, Lines 5-9; This invention is not limited to touch trigger probes. This transmission system is also suitable for use with scanning probes. In this case the regular transmissions will include data relating to probe deflection and the time of that probe deflection..)
Regarding claim 11, Woollett discloses a measurement interface for communicating with a measurement device according to claim 1,
Regarding claim 1, Woollett discloses a measurement device,(Woollett, Fig. 1 and Abstract; a measurement device on a coordinate positioning apparatus comprises a station (18) mounted on the measuring device (10); Page 3, Lines 26-Page 4, Line 2; The present invention provides a transmission system for a measurement device for a coordinate positioning apparatus...)
comprising a measurement sensor for generating metrology data (Woollett, Fig. 1 and Page 3, Lines 26-Page 4, Line 2; comprising: a first station for mounting with one of the measuring device and the coordinate positioning apparatus; Page 5, Lines 19-26; The measurement event may comprise a touch trigger event; Page 8, Lines 4-14; a touch trigger probe 10 mounted on a spindle 12 of a machine tool; Page 10, Lines 24-30; The transmitted radio packet from the probe station includes probe data.)
and a frequency hopping radio communications module for transmitting and receiving a radio signal over a plurality of frequency channels, (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
the frequency hopping radio communications module comprising a clock (Woollett, Page 4, Line 31-Page 5, Line 5; The first and second stations may be provided with a clock, wherein the clocks are synchronised at least once. The first station may transmit a regular transmission and wherein when the second station receives the signal it may synchronise its clock with the first station; Page 5 Line28 -Page 6,Line 10; A master clock is provided at one end of the transmission system and a sliding correlator is provided to recover the master clock. This provides a reference for the measurement device)
for defining a series of base time intervals, (Woollett, Fig. 5 and Page 14, Lines 4-20; The probe station is shown hopping between frequency channels at normal speed, e.g. one hop per millisecond, and the machine station is shown hopping at a much slower speed. e.g. one hop per 50 milliseconds)
and a memory for storing a hopping pattern describing a sequence of frequency channels, (Woollett, Page 8, Lines 21-26; Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other; Page 21 Line 9-Page 22, Line 4; A partnering process transfers the probe stations unique 32 bit ID to the machine station... when a probe is put onto a machine, the probe stations enters a ‘Send Acquisition' mode. In this mode it transmits a message which includes its unique ID and a header' which is recognised by the machine stations. This message is transmitted periodically, for example once every 1ms across all channels in its hopping pattern... When the machine station receives the transmission in which it recognises the ‘header' , it reads the ID. The machine station saves the ID into its memory in the form of an EEPROM... If the probe station successfully receives an acknowledgement (without errors) containing its own ID... The probe and machine station are now successfully partnered and the machine station will only communicate with the probe station having this ID.; Page 22, Lines 6-9; When the probe and machine stations are partnered (i.e. have the same ID) , they will have the same channel hopping pattern and thus will be able to communicate whilst channel hopping.) While Woollett discloses partnering requiring the exchange and storing of information in order for the communication devices to have the same hopping pattern, Woollett does not specifically state that the memory stores the hopping pattern. Gosior, in the same field of endeavor, however teaches employing the limitation. (Gosior; ¶0133; each base transceiver synchronization packet and also in the poll packet, information identifying the frequency hopping sequence of each base transceiver is stored. The new base transceiver uses this information to track and read information from adjacent base transceivers to help it select its hopping sequence.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of a memory for storing a hopping pattern describing a sequence of frequency channels, as taught by Gosior, in order to implement Woollett’s, teaching of the probe and the machine station having the same hopping pattern to enable the frequency hopping communication. (Woollett, Page 22, Lines 6-9)
wherein the communications module is operable in at least a first mode,(Woollett, Page 6, Lines 20-29; the first station has a mode)
a second mode (Woollett, Page 6, Lines 20-29; ...each regular signal asks if the first station should change mode, and wherein if the first station receives an affirmative response, it changes mode. A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.)
and a third mode, Woollett does not disclose and a third mode. Miyazaki, also in the field of providing device communication via frequency hopping, however, teaches providing a third mode. (Miyazaki,; ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot of Fig. 3D .) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of providing a third mode, as taught by Miyazaki, in order to facilitate efficient communication and use of the frequency hopping time slots. (Miyazaki, ¶0007 and ¶0044)
operation in the first mode comprises transmitting and/or receiving data using a series of frames having a first frame time, (Miyazaki, ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
the first frame time being equal to or an integer multiple of the base time interval, (Miyazaki; ¶0046; FIG. 3E show base time slots of a first game controller between time slots 0-1 of 3A)
operation in the second mode comprises transmitting and/or receiving data using a series of frames having a second frame time, the second frame time being an integer multiple of the first frame time, (Miyazaki, ¶0054; FIG. 3D shows base time slot for the first game controller utilizing slots 0-3, which is an integer multiple of the first time slot;)
operation in the third mode comprises transmitting and/or receiving data using a series of frames having a third frame time, the third frame time being an integer multiple of the second frame time, (Miyazaki, ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot;)
and each successive base time interval is associated with a successive frequency channel of the hopping pattern sequence, each frame using the frequency channel associated with the base time interval that occurs at the start of that frame. (Miyazaki, ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
the measurement interface comprising an output for passing the measurement data received from the measurement device to an associated machine tool. (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
Regarding claim 12, which depends from claim 11, Woollett discloses, comprising a frequency hopping radio communications module for transmitting and receiving a radio signal over a plurality of frequency channels, (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
the frequency hopping radio communications module comprising a clock (Woollett, Page 4, Line 31-Page 5, Line 5; The first and second stations may be provided with a clock, wherein the clocks are synchronised at least once. The first station may transmit a regular transmission and wherein when the second station receives the signal it may synchronise its clock with the first station; Page 5 Line28 -Page 6,Line 10; A master clock is provided at one end of the transmission system and a sliding correlator is provided to recover the master clock. This provides a reference for the measurement device)
for defining a series of base time intervals, (Woollett, Fig. 5 and Page 14, Lines 4-20; The probe station is shown hopping between frequency channels at normal speed, e.g. one hop per millisecond, and the machine station is shown hopping at a much slower speed. e.g. one hop per 50 milliseconds)
and a memory for storing a hopping pattern describing a sequence of frequency channels, (Woollett, Page 8, Lines 21-26; Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other; Page 21 Line 9-Page 22, Line 4; A partnering process transfers the probe stations unique 32 bit ID to the machine station... when a probe is put onto a machine, the probe stations enters a ‘Send Acquisition' mode. In this mode it transmits a message which includes its unique ID and a header' which is recognised by the machine stations. This message is transmitted periodically, for example once every 1ms across all channels in its hopping pattern... When the machine station receives the transmission in which it recognises the ‘header' , it reads the ID. The machine station saves the ID into its memory in the form of an EEPROM... If the probe station successfully receives an acknowledgement (without errors) containing its own ID... The probe and machine station are now successfully partnered and the machine station will only communicate with the probe station having this ID.; Page 22, Lines 6-9; When the probe and machine stations are partnered (i.e. have the same ID) , they will have the same channel hopping pattern and thus will be able to communicate whilst channel hopping.) While Woollett discloses partnering requiring the exchange and storing of information in order for the communication devices to have the same hopping pattern, Woollett does not specifically state that the memory stores the hopping pattern. Gosior, in the same field of endeavor, however teaches employing the limitation. (Gosior; ¶0133; each base transceiver synchronization packet and also in the poll packet, information identifying the frequency hopping sequence of each base transceiver is stored. The new base transceiver uses this information to track and read information from adjacent base transceivers to help it select its hopping sequence.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of a memory for storing a hopping pattern describing a sequence of frequency channels, as taught by Gosior, in order to implement Woollett’s, teaching of the probe and the machine station having the same hopping pattern to enable the frequency hopping communication. (Woollett, Page 22, Lines 6-9)
wherein the communications module is operable in at least a first mode, (Woollett, Page 6, Lines 20-29; the first station has a mode)
a second mode (Woollett, Page 6, Lines 20-29; ...each regular signal asks if the first station should change mode, and wherein if the first station receives an affirmative response, it changes mode. A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.)
and a third mode, Woollett does not disclose and a third mode. Miyazaki, also in the field of providing device communication via frequency hopping, however, teaches providing a third mode. (Miyazaki, ¶0036; The sniff slot is set by a sniff attempt (SA) parameter. The sniff attempt parameter NSA is used for determining the number of time slots in which the slave accepts packet transmission from the master; ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0048; FIG. 3B shows the allocation of time slots when the game system 1 includes one wireless game controller 20. If there is one wireless game controller 20, the sniff attempt parameter NSA is 4. The sniff slot is thus set to eight time slots; ¶0052; FIG. 3C shows the allocation of time slots when the game system 1 includes two wireless game controllers 20. If there are two wireless game controllers 20, the sniff attempt parameter NSA is 3. The sniff slots are thus set to six time slots each; ¶0054; FIG. 3D shows the allocation of time slots when the game system 1 includes three wireless game controllers 20. If there are three wireless game controllers 20, the sniff attempt parameter NSA is 2. The sniff slots are thus set to four time slots each; ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of providing a third mode, as taught by Miyazaki, in order to facilitate efficient communication and use of the frequency hopping time slots. (Miyazaki, ¶0007 and ¶0044)
operation in the first mode comprises transmitting and/or receiving data using a series of frames having a first frame time, (Miyazaki, ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
the first frame time being equal to or an integer multiple of the base time interval, (Miyazaki; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
operation in the second mode comprises transmitting and/or receiving data using a series of frames having a second frame time, the second frame time being an integer multiple of the first frame time, (Miyazaki, ¶0054; FIG. 3D shows the allocation of time slots when the game system 1 includes three wireless game controllers 20. If there are three wireless game controllers 20, the sniff attempt parameter NSA is 2. The sniff slots are thus set to four time slots each;)
operation in the third mode comprises transmitting and/or receiving data using a series of frames having a third frame time, the third frame time being an integer multiple of the second frame time, (Miyazaki, ¶0048; FIG. 3B shows the allocation of time slots when the game system 1 includes one wireless game controller 20. If there is one wireless game controller 20, the sniff attempt parameter NSA is 4. The sniff slot is thus set to eight time slots;)
and each successive base time interval is associated with a successive frequency channel of the hopping pattern sequence, each frame using the frequency channel associated with the base time interval that occurs at the start of that frame. (Miyazaki, ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
Regarding claim 13, which depends from claim 12, Woollett discloses comprising an input for receiving an instruction to change between the first, second and third modes, the frequency hopping radio communications module of the measurement interface being configured to send a message to change mode to the frequency hopping communications module of the measurement device over the frequency hopping communications link. (Woollett, Page 6, Lines 20-29; ...each regular signal asks if the first station should change mode, and wherein if the first station receives an affirmative response, it changes mode. A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.)
Regarding claim 14, which depends from claim 13, Woollett discloses (wherein the message to change mode include timing information for synchronising the base timing intervals of the communications module of the measurement device with those of the communications module of the measurement interface. (Woollett, Page 16, Lines 10-16; If it is required to turn-on the probe station, the machine 1station will reply "turn-on" and change to operating mode. The probe station will then switch to the operating mode; Page 16, Lines 18-23; Turn-off will require an exchange of messages as the turn-off request may come from the machine station or alternatively from the probe station (for example a time out). Following turn-off both probe and machine stations will return the synchronised slow hopping described above.; Page 16, Lines 25-32; Each message contains a header which includes probe station identity data, or address, needed to enable the machine station receiver to recognise whether the message is intended for that receiver and to synchronise a clock in the machine station to the probe station clock. )
Regarding claim 15, Woollett discloses a measurement system comprising one or more measurement devices according to claim 1
Regarding claim 1, Woollett discloses a measurement device,(Woollett, Fig. 1 and Abstract; a measurement device on a coordinate positioning apparatus comprises a station (18) mounted on the measuring device (10); Page 3, Lines 26-Page 4, Line 2; The present invention provides a transmission system for a measurement device for a coordinate positioning apparatus...)
comprising a measurement sensor for generating metrology data (Woollett, Fig. 1 and Page 3, Lines 26-Page 4, Line 2; comprising: a first station for mounting with one of the measuring device and the coordinate positioning apparatus; Page 5, Lines 19-26; The measurement event may comprise a touch trigger event; Page 8, Lines 4-14; a touch trigger probe 10 mounted on a spindle 12 of a machine tool; Page 10, Lines 24-30; The transmitted radio packet from the probe station includes probe data.)
and a frequency hopping radio communications module for transmitting and receiving a radio signal over a plurality of frequency channels, (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
the frequency hopping radio communications module comprising a clock (Woollett, Page 4, Line 31-Page 5, Line 5; The first and second stations may be provided with a clock, wherein the clocks are synchronised at least once. The first station may transmit a regular transmission and wherein when the second station receives the signal it may synchronise its clock with the first station; Page 5 Line28 -Page 6,Line 10; A master clock is provided at one end of the transmission system and a sliding correlator is provided to recover the master clock. This provides a reference for the measurement device)
for defining a series of base time intervals, (Woollett, Fig. 5 and Page 14, Lines 4-20; The probe station is shown hopping between frequency channels at normal speed, e.g. one hop per millisecond, and the machine station is shown hopping at a much slower speed. e.g. one hop per 50 milliseconds)
and a memory for storing a hopping pattern describing a sequence of frequency channels, (Woollett, Page 8, Lines 21-26; Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other; Page 21 Line 9-Page 22, Line 4; A partnering process transfers the probe stations unique 32 bit ID to the machine station... when a probe is put onto a machine, the probe stations enters a ‘Send Acquisition' mode. In this mode it transmits a message which includes its unique ID and a header' which is recognised by the machine stations. This message is transmitted periodically, for example once every 1ms across all channels in its hopping pattern... When the machine station receives the transmission in which it recognises the ‘header' , it reads the ID. The machine station saves the ID into its memory in the form of an EEPROM... If the probe station successfully receives an acknowledgement (without errors) containing its own ID... The probe and machine station are now successfully partnered and the machine station will only communicate with the probe station having this ID.; Page 22, Lines 6-9; When the probe and machine stations are partnered (i.e. have the same ID) , they will have the same channel hopping pattern and thus will be able to communicate whilst channel hopping.) While Woollett discloses partnering requiring the exchange and storing of information in order for the communication devices to have the same hopping pattern, Woollett does not specifically state that the memory stores the hopping pattern. Gosior, in the same field of endeavor, however teaches employing the limitation. (Gosior; ¶0133; each base transceiver synchronization packet and also in the poll packet, information identifying the frequency hopping sequence of each base transceiver is stored. The new base transceiver uses this information to track and read information from adjacent base transceivers to help it select its hopping sequence.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of a memory for storing a hopping pattern describing a sequence of frequency channels, as taught by Gosior, in order to implement Woollett’s, teaching of the probe and the machine station having the same hopping pattern to enable the frequency hopping communication. (Woollett, Page 22, Lines 6-9)
wherein the communications module is operable in at least a first mode,(Woollett, Page 6, Lines 20-29; the first station has a mode)
a second mode (Woollett, Page 6, Lines 20-29; ...each regular signal asks if the first station should change mode, and wherein if the first station receives an affirmative response, it changes mode. A mode may comprise a power saving mode in which the regular signals are sent at a slower rate than the normal mode.)
and a third mode, Woollett does not disclose and a third mode. Miyazaki, also in the field of providing device communication via frequency hopping, however, teaches providing a third mode. (Miyazaki,; ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time. ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot of Fig. 3D .) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Woollett with the known technique of providing a third mode, as taught by Miyazaki, in order to facilitate efficient communication and use of the frequency hopping time slots. (Miyazaki, ¶0007 and ¶0044)
operation in the first mode comprises transmitting and/or receiving data using a series of frames having a first frame time, (Miyazaki, ¶0057; if there are four or more wireless game controllers 20, the sniff attempt parameter NSA is 1 so that the sniff slots are set to two time slots each.)
the first frame time being equal to or an integer multiple of the base time interval, (Miyazaki; ¶0046; FIG. 3E show base time slots of a first game controller between time slots 0-1 of 3A)
operation in the second mode comprises transmitting and/or receiving data using a series of frames having a second frame time, the second frame time being an integer multiple of the first frame time, (Miyazaki, ¶0054; FIG. 3D shows base time slot for the first game controller utilizing slots 0-3, which is an integer multiple of the first time slot;)
operation in the third mode comprises transmitting and/or receiving data using a series of frames having a third frame time, the third frame time being an integer multiple of the second frame time, (Miyazaki, ¶0048; FIG. 3B shows a base time slot of a first controller utilizing slots 0 to 7, which is an integer multiple of the second time slot;)
and each successive base time interval is associated with a successive frequency channel of the hopping pattern sequence, each frame using the frequency channel associated with the base time interval that occurs at the start of that frame. (Miyazaki, ¶0041; The piconet operation involves frequency hopping processing in which a new frequency is selected at every 625 μs. Each single time slot thus has a duration of 625 μs; ¶0046; Since a single data transfer can be performed in two time slots in this way, FIGS. 3B to 3E show every two time slots as a single communication time.)
and a measurement interface for communicating with the measurement device, the measurement interface comprising an output for passing the measurement data received from the measurement device to an associated machine tool. (Woollett, Fig. 1 and Abstract; wherein the stations communicate with each other using a spread spectrum radio link, for example frequency hopping; Page 3, Lines 26-Page 4, Line 2; Wherein the first and second stations communicate using a spread spectrum radio link.; Page 8, Lines 4-19; The signal transmission system comprises two stations, the probe station 18 is connected to the touch trigger probe and is mounted to a moving part of the machine tool... Data is transmitted between the probe station 18 and machine station 20 using a spread spectrum radio link, in this case a frequency-hopping radio communications link, which sends discrete packages of serial binary data... Both the probe and machine stations hop between different frequency channels roughly in synchronisation with each other with occasional messages sent between them to synchronise the two stations.)
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of copending Application No. 18/283,279 in view of Miyazaki. The claims of the ‘279 Applicant do not recite a third mode nor a base time interval. Miyazaki, as discussed above however teach the limitations. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement ‘279 application with the known technique of providing a third mode and a base time interval, as taught by Miyazaki, in order to in order to facilitate efficient communication and use of the frequency hopping time slots. (Miyazaki, ¶0007 and ¶0044)
This is a provisional nonstatutory double patenting rejection.
Claim Number of the Instant Application
Claim Number of Application No. 18/283,279
1
13
2
13
3
13
4
13
5
13
6
13
7
13
8
13
9
19
10
13
11
13
12
13
13
13
14
13
15
13
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEROLD B MURPHY whose telephone number is (571)270-1564. The examiner can normally be reached M-T, Th-F 10am-7pm, W 1pm-5pm.
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/JEROLD B MURPHY/Examiner, Art Unit 2688
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
1 A scanning probe in an analog probe, See for example Steve Toll, Analog Scanning vs Touch Probing, 2007.