DETAILED ACTION
Response to Arguments
This action is being mailed in response to an interview dated 01/06/2026. Attorney Robert Goodell called to let the examiner know that several newly added claims were missed in the previous action. The examiner apologizes for not recognizing the full amended claim set. For this reason, the previous action is vacated and a non-final rejection is submitted herein to keep the record clear.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1- 12, 15, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With respect to claim 1, the claim is incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the housing and mirrors are described with respect to a cylindrical battery. However, the battery is not part of the claimed inspection device and cannot serve to define the structure of the device. The battery, although described in the limitations, is an intended use and not claimed a positive structural component. The relationship of the housing, the mirrors, the light, and the camera need to be described with respect to one another, not an outside element. See MPEP 2115 for more information about an element being measured not structurally limiting a claim. Claims 2-12 also disclose structure with respect to the relationship with the battery and not the other components of the claimed device and suffer from the same omission.
With respect to claim 3 and 15, the limitation “the plurality of first lighting units are configured to emit light….with different combinations of ones of the plurality of first lighting units” is confusing. The first lighting units are configured to emit light differently than the first lighting units? It is unclear what is different than what. Clarification is required.
Claims 8 and 15 recite the limitation " a plurality of images" that lacks antecedent basis. The relationship between the “plurality of images” in claims 8 and 15 are unclear with the “first image” and “second image” of claims 1 and 14. Correction is required.
With respect to claims 12 and 19, the phrase “inverter” is improperly defined. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “inverter” is used by the claim to mean “something that inverts the battery captured by the camera” while the accepted meaning is “a device that converts direct current into alternating current.” The term is indefinite because the specification does not clearly redefine the term. It is unclear exactly what the “inverter” is: could be structure that physically flips the battery upside down, could be electrical that actually converts the DC of the battery into AC current, could be a lens that flips the image of the battery captured by the camera, or could be processing that rights the image after being captured by the camera. The specification fails to give any details suggesting what type of inversion is intended, what type of structure it is, and how it functions. The drawings only point to a generic plain element that also fails to give a definition. Clarification is required.
The balance of claims are rejected for failing to correct the deficiencies in the claims upon which they depend.
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.
Claim(s) 1- 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nygaard U.S. Patent #8,570,504.
With respect to claim 1, Nygaard discloses a system for optically inspecting manufactured parts comprising:
A housing surrounding at least a first region of the cylindrical object (Figures 5 and 6, housing = illumination assembly 60, cylindrical object = casing 32)
A first light on an inner surface of the housing and configured to emit light to the side surface of the cylindrical object (Figures 5 and 6, first light = LED emitter 63)
A first mirror and a second mirror respectively disposed on both sides of the cylindrical battery to each reflect light from respective portions of the first region of the cylindrical batter (Figures 5 and 6, first and second mirrors 66, see Figure 5 marked up below for first region)
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A camera configured to receive the light reflected from the respective portions of the first region of the cylindrical battery, configured to capture a first image from the light reflected by the first mirror, and configured to capture a second image from the light reflected by the second mirror (Figure 6, camera connected to lens 92, Col.9, l 11-13)
Wherein the first region of the cylindrical battery is more than half of the side surface of the cylindrical battery (Figure 5, marked below)
Wherein the first and second images correspond to a full region of the first region of the cylindrical battery (Col.9, l 44-49)
However, Nygaard fails to disclose the housing surrounds at least a first region and the object is a battery.
First, the object being a battery is an intended use limitation that fails to structurally limit the claim. Since the battery itself is not part of the claimed device, the inspection device cannot be limited by the battery as described above with respect to the rejections under 35 USC 112. Additionally, this means that the battery does not differentiate the claimed device from prior art per MPEP 2115.
As for the housing surrounding at least a first region, Nygaard only has a housing facing perpendicular to the object holding the lights labeled as 60 but doesn’t disclose that it surrounds the object per say. It would have been obvious to one of ordinary skill in the art at the time of the invention to extend a housing around the object being inspected in order to minimize exterior light. Housings are common and well known in the art to be used for protection and mounting things on.
With respect to claim 2, 4, 5, 6, 7, 9, 10, and 12, Nygaard discloses all of the limitations as applied to claim 1 above. In addition, Nygaard discloses:
2- Wherein the first light includes a plurality of first lighting units disposed along an axial direction of the cylindrical object (Figure 6, plurality of LEDs make up the emitter 63, Col.9, l 2-3, axial direction of object = up and down in Figure 6)
4- Wherein each of the plurality of first lighting units includes a plurality of light emitters (Figure 6 marked below, red and blue plurality of light emitters, each having two LEDs each)
5- a third mirror that is disposed obliquely with respect the side surface of the cylindrical object to reflect light from the first and second mirrors to form an image of at least the first region of the cylindrical object, (Figure 5, mirror 65)
5- wherein the camera is configured to capture an image from light reflected by the third mirror (Col.9, l 2-13)
6- a second light which is disposed adjacent to the third mirror to emit light to the side surface of the cylindrical battery wherein the second light is coaxial light (Figure 6, marked below, yellow lights = second light, third mirror and lights are both disposed adjacent to structure 61, third mirror = 65)
7- the second light includes a plurality of second lighting units disposed along an axial direction of the cylindrical battery (Figure 6, marked below, yellow lights contain 2 LEDs)
9- each of the plurality of second lighting units includes a plurality of light emitters (Figure 6 marked below, second lighting units = yellow LEDs)
10- wherein each of the first mirror and the second mirror is at an angle of 45° with respect to a straight line passing through a center of the first region and a center of the second region on a cross section (Figure 5, first mirror and second mirror = 66, Col.9, l 44-49, wherein if difference in views is 90 degrees, then a line through the first and second region can divide in the middle such that each is at 45 degrees to said line)
12- an inverter configured to rotate the cylindrical battery with respect to an axial direction of the cylindrical battery so that a second inspection can be conducted (Figure 6, l 15-26, wherein “so that a second inspection can be conducted” is intended use)
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With respect to claim 11, Nygaard discloses all of the limitations as applied to claim 1 above. In addition, Nygaard discloses:
A conveyor configured to convey the cylindrical battery so that the cylindrical battery passes by the housing (Figure 5 and 6, conveyor 30, housing = illumination assembly 60)
However, Nygaard fails to disclose the conveyor conveys the cylindrical battery in an axial direction so that the battery passes through the housing. The conveyor of Nygaard is capable of conveying the battery in an axial direction if one were to lay the battery down on the side. Arguendo, if the limitation were properly described such that the conveyor was configured to conveying the battery in an axial direction, it would be within ordinary skill in the art to convey the battery in a direction such the entire surface of the battery is inspected since one of ordinary skill would recognize the importance of inspecting the entire surface of the battery versus just one spot in order to properly locate all the defects.
Additionally, if the housing of Nygaard were changed as described with respect to claim 1 above, the battery would pass through the housing rather than just by the housing (illumination system 60) with the conveyor of Nygaard.
With respect to claims 3 and 8, Nygaard discloses all of the limitations as applied to claims 2 and 7 above. In addition, Nygaard discloses:
3, 8-Wherein the camera is configured to capture a plurality of images of at least the first region of the cylindrical object from the light reflected by the first and second mirrors, each image of the plurality of images corresponding to a respective time (Col.9, l 10-18, l 44-49)
3, 8-The plurality of first lighting units/second lighting units are configured to emit light to the side surface of the cylindrical object with different combinations of ones of the plurality of first lighting units (Col.14, l 57-60, Col.9, l 22-25, wherein different lighting combinations are used for different applications)
With respect to claim 14, Nygaard discloses a system for optically inspecting manufactured parts comprising:
A cylindrical object having a first region as part of a side surface and a second region as a remaining part of the side surface, the first region and the second region being sequentially disposed along the circumference of the cylindrical battery (Figure 5, Figure 6, first region indicated as below in partial of Figure 5, second region = rest of the circumference of the cylindrical object)
A housing surrounding at least a first region of the cylindrical object (Figures 5 and 6, housing = illumination assembly 60, cylindrical object = casing 32)
A first light on an inner surface of the housing and configured to emit light to the side surface of the cylindrical object (Figures 5 and 6, first light = LED emitter 63)
A first mirror and a second mirror respectively disposed on both sides of the cylindrical battery to each reflect light from respective portions of the first region of the cylindrical batter (Figures 5 and 6, first and second mirrors 66, see Figure 5 marked up below for first region)
A third mirror that is disposed obliquely with respect the side surface of the cylindrical object to reflect light from the first and second mirrors to form an image of at least the first region of the cylindrical object, (Figure 5, mirror 65)
A second light adjacent to the third mirror to emit light to the side surface of the cylindrical battery wherein the second light is coaxial light (Figure 6 marked below, second light, third mirror and lights are both disposed adjacent to structure 61, third mirror = 65)
A camera configured to receive the light reflected from the respective portions of the first region of the cylindrical battery, configured to capture a first image from the light reflected by the first mirror, and configured to capture a second image from the light reflected by the second mirror and configured to capture a third image from light reflected by the third mirror (Figure 6, camera connected to lens 92, Col.9, l 2-13)
Wherein the first region of the cylindrical battery is more than half of the side surface of the cylindrical battery (Figure 5, marked below)
Wherein the first and second images correspond to a full region of the first region of the cylindrical battery (Col.9, l 44-49)
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However, Nygaard fails to disclose the housing surrounds at least a first region and the object is a battery.
It would have been obvious to one of ordinary skill in the art at the time of the invention to inspect a battery with the system of Nygaard since Nygaard’s invention is directed other cylindrical objects such as casings and threaded fasteners. A battery would be a likely art recognized equivalent that also requires quality control and the system of Nygaard provides a thorough, controlled inspection while still allowing a flow of parts for speedier processing.
As for the housing surrounding at least a first region, Nygaard only has a housing facing perpendicular to the object holding the lights labeled as 60 but doesn’t disclose that it surrounds the object per say. It would have been obvious to one of ordinary skill in the art at the time of the invention to extend a housing around the object being inspected in order to minimize exterior light. Housings are common and well known in the art to be used for protection and mounting things on.
With respect to claim 15, Nygaard discloses the limitations as applied to claim 14. In addition, Nygaard discloses:
Wherein the camera is configured to capture a plurality of images of at least the first region of the cylindrical object from the light reflected by the first and second mirrors, each image of the plurality of images corresponding to respective time and wherein in each of the plurality of images (Col.9, l 10-18, l 44-49)
In each of the plurality of images, the plurality of first lighting units are configured to emit light to the side surface of the cylindrical object with different combinations of ones of the plurality of first lighting units (Col.14, l 57-60, Col.9, l 22-25, wherein different lighting combinations are used for different applications)
Wherein each of the plurality of first lighting units includes a plurality of light emitters (Figure 6 marked above, red and blue plurality of light emitters, each having two LEDs each)
With respect to claim 16, Nygaard discloses the limitations as applied to claim 14 and 15 above. In addition, Nygaard discloses:
Wherein the second light includes a plurality of second lighting units disposed along the axial direction of the cylindrical object, each of the plurality of second lighting units including a plurality of light emitters (Figure 6 marked below, second lighting units = yellow LEDs)
Wherein the camera is configured to capture a plurality of images of at least the first region of the cylindrical object from the light reflected by the first and second mirrors, each image of the plurality of images corresponding to respective time and wherein in each of the plurality of images (Col.9, l 10-18, l 44-49)
In each of the plurality of images, the plurality of second lighting units are configured to emit light to the side surface of the cylindrical object with different combinations of ones of the plurality of first lighting units (Col.14, l 57-60, Col.9, l 22-25, wherein different lighting combinations are used for different applications)
With respect to claims 17, 18, and 19, Nygaard discloses all of the limitations as applied to claim 14 above. In addition, Nygaard discloses:
17- Wherein each of the first mirror and the second mirror is at an angle of 45° with respect to a straight line passing through a center of the first region and a center of the second region on a cross section (Figure 5, first mirror and second mirror = 66, Col.9, l 44-49, wherein if difference in views is 90 degrees, then a line through the first and second region can divide in the middle such that each is at 45 degrees to said line)
18- A conveyor configured to convey the cylindrical battery so that the cylindrical battery passes by the housing (Figure 5 and 6, conveyor 30, housing = illumination assembly 60)
19- an inverter configured to rotate the cylindrical battery with respect to an axial direction of the cylindrical battery so that a second inspection can be conducted (Figure 6, l 15-26, wherein “so that a second inspection can be conducted” is intended use)
However, Nygaard fails to disclose the conveyor conveys the cylindrical battery in an axial direction so that the battery passes through the housing. The conveyor of Nygaard is capable of conveying the battery in an axial direction if one were to lay the battery down on the side. Arguendo, if the limitation were properly described such that the conveyor was configured to conveying the battery in an axial direction, it would be within ordinary skill in the art to convey the battery in a direction such the entire surface of the battery is inspected since one of ordinary skill would recognize the importance of inspecting the entire surface of the battery versus just one spot in order to properly locate all the defects.
Additionally, if the housing of Nygaard were changed as described with respect to claim 1 above, the battery would pass through the housing rather than just by the housing (illumination system 60) with the conveyor of Nygaard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uzma Alam can be reached at 5712723995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REBECCA C BRYANT/ Primary Examiner, Art Unit 2877