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 .
1. Acknowledgement is made to the amendment, filed 10/3/2025. Claims 1-22 are pending.
Information Disclosure Statement
2. Acknowledgement is made to the information disclosure statement (IDS) submitted on 10/10/2025. The information disclosure statement is being considered by the examiner.
Claim Objections
3. Claim 1 is objected to because of the following informalities, which appear to be minor draft errors including grammatical and/or lack of antecedent basis problems.
Regarding claim 1, line 3 recites “the method comprising the following steps:”. However, claim 1 was previously amended and marked-up as ““the method comprising
Appropriate correction is required.
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.
4. Claims 1-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gu et al. (US 2006/0000814 A1), hereinafter Gu.
Regarding claim 1, Gu discloses a method for forming an image on a surface or in a volume of a part, the image comprising a repetition of a pattern, the method comprising the following steps:
- forming a first realization of the pattern on the surface or in the volume of the part by shaping and focusing a coherent light beam, the first realization of the pattern being positioned on a surface non-parallel to a direction of propagation of the beam [0142, 0177, & 0210] the pattern being a spatial distribution of an optical contrast function, the pattern comprising at least two local contrast maxima, a local contrast maximum being a point where the spatial distribution of the optical contrast function takes a given value and around this point the spatial distribution of the optical contrast function takes values lower than or equal to this given value [0142, 0154-0160, & 0202-0206], the at least two local contrast maxima being separated so that along any path in the pattern, the path joining the two local contrast maxima, the spatial distribution of the optical contrast function takes at least two different values [0031, 0037, 0062-0065, 0204, 0357 & 0358];
- carrying out at least once a cycle of the following steps:
○ moving the beam and the part relative to each other [0161, 0162, 0220 & 0235], and
○ forming a second realization of the pattern on the surface or in the volume of the part by shaping and focusing the beam, so that the first realization and second realization do not overlap [0183, 0189, 0210, & 0225].
Regarding claim 2, Gu discloses the method according to claim 1, wherein the pattern comprises a plurality of spatially separated marks [0177, 0183, 0189, & 0198].
Regarding claim 3, Gu discloses the method according to claim 2, wherein the coherent light beam is pulsed, each forming of the pattern comprising the emission of a burst of at least one laser pulse, each burst comprising a number of laser pulses inferior to the number of marks comprised in the pattern [0177, 0183, 0189, & 0198].
Regarding claim 4, Gu discloses the method according to claim 3, wherein each burst comprises a single laser pulse [0067 & 0134].
Regarding claim 5, Gu discloses the method according to claim 1, wherein the image represents a one- or two-dimensional code composed of an assembly of empty cells and filled cells, the cells being located at predetermined positions [0108 & 0113].
Regarding claim 6, Gu discloses the method according to claim 5, wherein the filled cells comprise the pattern one or more times [0177, 0183, & 0189].
Regarding claim 7, Gu discloses the method according to claim 1, wherein moving the beam and the part relative to each other is performed over a length greater than a dimension of the pattern [0220 & 0235].
Regarding claim 8, Gu discloses the method according to claim 1, wherein moving the beam and the part relative to each other is performed over a length less than a dimension of the pattern [0220 & 0235].
Regarding claim 9, Gu discloses the method according to claim 1, wherein the pattern is a first pattern, the image comprises a repetition of a second pattern, the second pattern comprising at least two local contrast maxima, the method further comprising the following steps;
- forming a first realization of the second pattern on the surface or in the volume of the part by shaping and focusing a coherent light beam, the first realization of the second pattern being positioned on a surface non-parallel to a direction of propagation of the beam [0142, 0177, & 0210];
- carrying out at least once a cycle of the following steps:
○ moving the beam and the part relative to each other [0161, 0162, 0220 & 0235], and
○ forming a second realization of the second pattern on the surface or in the volume of the part by shaping and focusing the beam, so that the first realization of the second pattern and the second realization of the second pattern do not overlap [0183, 0189, 0210, & 0225].
Regarding claim 10, Gu discloses the method according to claim 1, wherein the image comprises an additional pattern formed of a plurality of marks, the method further comprising the forming of the additional pattern on the surface or in the volume of the part by shaping and focusing a pulsed coherent light beam, wherein the forming of the additional pattern on or in the part comprises the emission of a pulse train of the light beam, each train comprising a finite number of pulses strictly inferior to the number of marks forming the additional pattern [0159, 0177, 0183, & 0210].
Regarding claim 11, Gu discloses the method according to claim 1, wherein the part is in glass, in metal, in plastic, or polymer [0019].
Regarding claim 12, Gu discloses the method according to claim 1 which comprises, when forming the pattern, the modifying of a first layer of material by exposure to the laser, to expose a second layer lying underneath the first layer [0191-0194 & 0227-0229].
Regarding claim 13, Gu discloses the method according to claim 1, wherein the forming of the pattern on the surface or in the volume takes place on a processing plane, the processing plane being separated from a focusing plane of the laser beam by a distance inferior or equal to one half of a focal length of a focusing device, the focusing device defining the position of the focusing plane [0220-0222 & 0235-0239].
Regarding claim 14, Gu discloses the method according to claim 1, further comprising a step to compute a set modulation value from a set input value corresponding to the pattern, the set modulation value being provided to a modulation device configured to perform the shaping of the beam based on the set modulation value [0196 & 0212-0214].
Regarding claim 15, Gu discloses a system for forming an image on a surface or in a volume of a part, the image comprising a repetition of a pattern, the system comprising:
- a device for forming the pattern on the surface or in the volume of the part by shaping and focusing a coherent light beam, the pattern being placed on a surface non-parallel to a direction of propagation of the beam [0142, 0177, & 0210], the pattern being a spatial distribution of an optical contrast function, the pattern comprising at least two local contrast maxima, a local contrast maximum being a point where the spatial distribution of the optical contrast function takes a given value and around this point the spatial distribution of the optical contrast function takes values lower than or equal to this given value [0142, 0154-0160, & 0202-0206], the at least two local contrast maxima being separated so that along any path in the pattern, the path joining the two local contrast maxima, the spatial distribution of the optical contrast function takes at least two different values [0031, 0037, 0062-0065, 0204, 0357 & 0358]; and
- a device to move the beam and the part relative to each other [0161, 0162, 0220 & 0235].
Regarding claim 16, Gu discloses the system according to claim 15, wherein the device for forming the pattern on the surface or in the volume of the part by shaping and focusing a coherent light beam comprises:
- a source of a coherent light beam [0142];
- an optical modulation device comprising a modulation device configured to modulate the light beam in a modulation plane according to at least one phase modulation and to shape the light beam according to a laser pattern [0196 & 0212-0214];
- a focusing device configured to focus the light beam shaped by the modulation device in a focusing plane, the focusing plane having Fourier or Fresnel configuration relative to the modulation plane of the modulation device [0192-0195],
the system being adapted to receive the part, so that the forming of the pattern on the surface or in the volume takes place in a processing plane, the processing plane being separated from the focusing plane by a distance less than or equal to one half of a focal length of the focusing device, the laser pattern being configured to produce processing of the part in the processing plane according to the pattern [0220-0222 & 0235-0239].
Regarding claim 17, Gu discloses the system according to claim 15, wherein the laser beam is pulsed [0177, 0183, 0189, & 0198].
Regarding claim 18, Gu discloses the system according to claim 15, wherein the optical modulation device comprises fixed shaping optics [0196 & 0212-0214].
Regarding claim 19, Gu discloses the system according to claim 18, wherein the optical modulation device and focusing device are grouped together in a single apparatus [0210 & 0220].
Regarding claim 20, Gu discloses the system according to claim 15, wherein the relative motion device comprises a galvanometer scan head [0220 & 0221].
Regarding claim 21, Gu discloses the system according to claim 15, wherein the relative motion device comprises at least one translation stage [0220 & 0235].
Regarding claim 22, Gu discloses a part comprising an image formed by the method according to claim 1 [0183, 0189, & 0225].
Response to Arguments
5. Applicant's arguments filed 10/3/2025 have been fully considered but they are not persuasive. Applicant argues, see pages 7 & 8 of the Remarks, filed 10/3/2025, that “GU does not describe the pattern being a spatial distribution of an optical contrast function, the pattern comprising at least two local contrast maxima, a local contrast maximum being a point where the spatial distribution of the optical contrast function takes a given value and around this point the spatial distribution of the optical contrast function takes values lower than or equal to this given value, the at least two local contrast maxima being separated so that along any path in the pattern, the path joining the two local contrast maxima, the spatial distribution of the optical contrast function takes at least two different values, as recited in amended claim 1.” The examiner respectfully disagrees. Gu teaches the forming of discernable indicia on the surface of substrates of various materials wherein the indica can include alphanumeric character strings, bar codes, and/or matrix codes [0009-0011, 0025, 0031, 0108, 0203, 0204, 0225, & claim 8], and wherein the marking process alters the surface of the materials to change its reflective properties thereby creating contrast against a background and that the contrast can take on multiple distinct values, or shades, as desired [0104, 0112, 0113, & 0204]. Therefore, Gu clearly disclosing “the pattern being a spatial distribution of an optical contrast function” as the markings are created at specific locations in order to create the indicia and thus a spatial arrangement of areas with differing optical reflective properties, or contrast, as compared to the background. Gu’s disclosure of the indicia comprising of multiple characters, dots, or bars meets the claimed limitation of “the pattern comprising at least two local contrast maxima“ as each individual dot, bar, or alphanumeric character represents an area of modified contrast and a pattern containing a sequence of dots, bars, or alphanumeric characters would inherently contain “at least two” distinct local areas of contrast. Lastly, Gu’s disclosure that the contrast can be created in a range of values, or shades, that the textures can differ between finely textured or a coarsely textured via different laser parameters, and that the marked regions can also be formed as a positive contrast indicia, wherein the indicia is highly reflective and the background is textured meets the claimed limitations of “the spatial distribution of the optical contrast function takes at least two different values“ [0060-0065 & 0357 - 0358]. The claims have been rejected accordingly.
Conclusion
6. 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 PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Michael G. Lee can be reached on (571) 272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876