DETAILED ACTION
Response to Arguments
Applicant's arguments filed 05/07/2026 have been fully considered but they are not persuasive.
Applicant’s amendments were successful in overcoming the rejection of claims under 35 USC 112(b). However, a new issue caused by the amendment has been raised for claims 15 and 21 as cited below.
With respect to the applicant’s arguments on page 4 that Nygaard does not target components having a cylindrical shape, the examiner disagrees. Nygaard specifically discloses inspecting “ammunition cases or cartridges…and threaded fasteners” Col.7, l 23-26, “a threaded fastener or bolt” Col.6, l 66-67, and “cartridge cases such as non-magnetic (i.e. brass) ammo cartridges” Col.4, l 37-38. Figures 1a-1c and 2a-2b of Nygaard likewise show these types of objects which are widely accepted as cylindrical shapes, wherein cylinder is defined as two parallel circles connected by straight lines and cylindrical shape is a broader application of that geometric definition. Both the prior art and the invention are interested in viewing around the circumference of an elongated object.
With respect to the argument that Nygaard has no motivation to create a dome shaped inner surface on which to mount the lighting, the examiner is not persuaded. Nygaard has a single line of LEDs, which are then directed to mirrors (66 and 67 in Figure 5) to redirect them around the surface of the object. The mirrors themselves could be considered the light sources since the light irradiates from those surfaces and they are circumferentially surrounding the object. Nonetheless, the dome shaped housing is a design choice that helps to align the light sources circumferentially around the surface of the cylindrical object. There is no surprising element or extra motivation to use a dome shape, other than it matches the object, which is true in both cases.
For these reasons, the applicant’s arguments are not persuasive and the action is made final as updated to reflect claim amendments.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 15 and 21 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.
Claim 15 and 21 recites the limitation "wherein at each of the respective times, different combinations of the plurality of first lights are configured to emit light to the side surface of the cylindrical battery” is structurally undefined. The claim says “different combinations of the plurality of first lights are configured to emit” at the respective times, however there is no structure implied by being able to emit different combinations beyond the lights themselves. If there is some processor or controller that programs the different combinations of emitting, that is not claimed. It is unclear if the claim is infringed upon after there are respective times with different lighting combinations or simply when the structure exists to enable it. Correction 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 14-24 are rejected under 35 U.S.C. 103 as being unpatentable over Nygaard U.S. Patent #8,570,504.
With respect to claim 14 and 20, 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 plurality of first lights on an inner surface of the housing and to be disposed around the axis of the cylindrical battery, the plurality of first lights being configured to emit light to the side surface of the cylindrical object (Figures 5 and 6, first lights = part of LED emitter 63 as labeled below)
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 emitted to the side surface of the cylindrical object (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, the housing having an inner surface defining a rounded dome shape around the axis of 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. The rounded dome shape of the housing is a design choice. The specification of the current invention even notes that the shape of the housing is not particularly limited but may have a dome shape (P.0027) suggesting that the shape itself is not that important. The intention is to hold the light sources in a particular arrangement surrounding the battery as the art provides and a rounded dome shape does not seem to provide any unexpected results.
With respect to claim 15 and 21, Nygaard discloses the limitations as applied to claim 14 and 20. In addition, Nygaard discloses:
Wherein the camera is configured to capture a plurality of first images and a plurality of second images of at least the first region of the cylindrical object from the light reflected by the first and second mirrors, each first image of the plurality of first images and each second image of the plurality of second images corresponding to respective times (Col.9, l 10-18, l 44-49)
Wherein at each respective times, different combinations of the plurality of first lights are configured to emit light to the side surface of the cylindrical object (Col.14, l 57-60, Col.9, l 22-25, wherein different lighting combinations are used for different applications, the lights are enabled to be used in this way however this is a functional, not structural limitation that cannot differentiate over prior art)
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, each of the plurality of second lighting units including a plurality of light emitters (Figure 6 marked below, second lighting units = yellow LEDs)
With respect to claims 17, 18, 19, 22, 23, and 24, Nygaard discloses all of the limitations as applied to claim 14 and 20 above. In addition, Nygaard discloses:
17, 22- 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, 23- 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, 24- a rotation unit 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, Col.8 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
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 REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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
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