DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on April 17, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Fig. 3 does not show tamping arms 306a-d as recited in para. [0051]: “example clamps 304a, 304b of FIGS. 3-5 each include tamping arms 306a, 306b, 306c, 306d”.
Figs. 4 and 5 do not show a position sensor 316 as recited in para. [0054]: “In the example of FIGS. 3-5, an [sic] position sensor 316”.
Figs. 3-5 do not show a clamp 604a as recited in para. [0057]. Examiner acknowledges that this appears to be an error of the specification, as clamp 604a is an element shown in Figs. 6-9 and not introduced until para. [0062], while paras. [0050]-[0060] are directed to Figs. 3-5. As such, this particular objection may be more easily remedied with a change to the specification than a change to the drawings (see below).
Figs. 3-5 do not show any of the elements recited in para. [0069], (with the exception of the position sensor 316 being present in Fig. 3; although position sensor 316 appears to be cited and not referenced as included in the drawings). Examiner acknowledges that this appears to be an error of the specification, as the content of para. [0069] is related to the drawings of Figs. 6-9 (specimen thickness meter 208 and its comprising structure), the paras. [0062]-0068] and [0070]-[0072] are related to the drawings of Figs. 6-9, and para. [0061] stating that Figs. 3-5 are drawn to the specimen width meter 206. As such, this particular objection may be more easily remedied with a change to the specification than a change to the drawings (see below).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
4. Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
5. The drawings are not of sufficient quality to permit examination. Accordingly, replacement drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to this Office action. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action.
Specifically, the black and white photographs of the color drawings Fig. 11A-11F do not permit examination in regard to element location within the figures.
Specification
6. The disclosure is objected to because of the following informalities:
Para. [0023] recites: "to determine whether the first force exceeds the first threshold force." However, the only previously disclosed force(s) in the specification is/are "a repeatable probing force for both axes" {para. [0021]}. As written, there is no basis for which force is a first force and which force is a first threshold force. Later in the specification, para. [0031] recites: “a first sensor configured to determine whether a first force on at least one of the first measurement probe, the first clamp, or the second clamp satisfies a first threshold force”, but it is unclear if these are the same “first force” and “first threshold force” described in para. [0023].
Para. [0026] recites: “to determine whether the second force exceeds the second threshold force.” However, the only previously disclosed forces in the specification are "a repeatable probing force for both axes" {para. [0021]}, “the first force” {para. [0023]}, “the first threshold force” {para. [0023]}, and “a predetermined engagement force” {para. [0024]}. As written, there is no basis for which force is a second force and which force is a second threshold force. Later in the specification, para. [0031] recites: “a second sensor configured to determine whether a second force on at least one of the second measurement probe, the third clamp, or the fourth clamp satisfies a second threshold force”, but it is unclear if these are the same “second force” and “second threshold force” described in para. [0026].
Paras. [0054] and [0069] recite: “an [sic] position sensor”; this appears to be a typo.
Para. [0057] recites: “the clamp 604a of the specimen thickness meter 208” and “the clamps of the specimen thickness meter 208 are permitted to raise the specimen 202 to a measurement position above the support surface 204.” However, clamp 604a is an element shown in Figs. 6-9 and not introduced until para. [0062], while paras. [0050]-[0060] are directed to Figs. 3-5. As written, it is unclear if clamp 604a is to represent one or more “clamps of the specimen thickness meter 208”, and unclear if clamp 604a is to be present in Figs. 3-5 (as described above).
Para. [0069] recites: “In the example of FIGS. 3-5”. However, with the exception of the position sensor 316 (although position sensor 316 appears to be cited and not referenced as included in the drawings), all of the elements described in para. [0069] are not present in Figs. 3-5, and are instead present in Figs. 6-9. Further, the paras. [0062]-0068] and [0070]-[0072] are related to the drawings of Figs. 6-9, and para. [0061] stating that Figs. 3-5 are drawn to the specimen width meter 206 (as described above); therefore, it appears Applicant intended to write “In the example of FIGS. 6-9” (emphasis added).
Paras. [0096], [0100], [0102], and [0108] use “FLASH” and “flash” interchangeably (i.e. “FLASH memory” and “flash memory”, “flash drive” and “FLASH drive”), and it is unclear if the Applicant intends the described devices to be distinct.
Para. [0096] recites: “RISC”, “ARM”, and “RAID”; para. [0097] recites: “RAM” and “ROM”; para. [0099] recites: “LCD”; and para. [0106] recites: “DSPs”. It appears that Applicant intended to describe a redundant array of independent disks (RAID) and a liquid crystal display (LCD), as known in the art. Although Examiner acknowledges that the Applicant expands the abbreviations “RISC”, “ARM”, “RAM”, “ROM”, and “DSP” in paras. [0107]-[0108], Examiner reminds the Applicant that they are required to expand all abbreviations on first occurrence in the specification. Applicant is required to expand all abbreviations at first occurrence with its respective abbreviation.
Examiner acknowledges that “I/O interface” and “USB” expanded on the first occurrence in the specification {paras. [0097] and [0099], respectively}, although they do not follow the format used throughout the rest of the specification, {namely seen in paras. [0054], [0096], [0100], and [0107]-[0108]}.
Appropriate correction is required.
7. The use of the terms “ASTM” {paras. [0020] and [0046]}, "FireWire" {para. [0099]}, and "Blu-ray discs" {para. [0100]}, which are a trade name or a mark used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the terms.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
8. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 and its dependent claims therefrom recite “a clamp”, “a single actuator”, “a measurement probe”, and “a single position sensor”; while claim 15 and its dependent claims therefrom recite “a first measurement probe”, “a first clamp and a second clamp”, “a first actuator”, “a first position sensor”, “a second measurement probe”, “a third clamp and a fourth clamp”, “a second actuator”, and “a second position sensor”; these terms are not explicitly recited within the instant specification and/or have specific reference numbers associated therewith in the instant drawings of multiple embodiments of the instant claimed invention. The claimed limitations must have clear antecedent basis within the instant field specification. As such, it is unclear as to the exact elements being recited relative to the instant specification and/or drawings.
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.
9. Claims 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.
Claims 4 and 17 recite the limitation "the first force" and "the first threshold force" in lines 3-4 of the claims. There is insufficient antecedent basis for these limitations in the claims. As written, it is unclear if “the first force” or “the first threshold force” described in claim 4 are referring to the “clamping force” or “probing force” described in independent claim 1, or entirely different forces that have yet to be introduced.
Similarly, it is unclear in claim 17 which forces “the first force” and “the first threshold force”, as no forces have been recited in independent claim 15 or intervening claim 16.
Claim 6 recites the limitation “the first and second clamps” in line 3 of the claim. There is insufficient antecedent basis for these limitations in the claim. It is unclear which clamp is the “second clamp” as a second clamp has not been recited in independent claim 1 or intervening claim 2, nor has a “first clamp”. For the purposes of examination, Examiner will interpret “first and second clamps” to mean the clamp of claim 1 as a “first clamp”, and “second clamp” to mean a newly introduced clamp. For the purposes of examination, Examiner will interpret the “first clamp” of claim 6 to mean the clamp of claim 1, and the “second clamp” of claim 6 to mean an additional, newly introduced clamp.
Claim 8 recites the limitations “the first clamp” and “the first measurement probe” in lines 1-2 of the claim. There is insufficient antecedent bases for these limitations in the claim. It is unclear if “the first measurement probe” and “the first clamp” are referring to the “measurement probe” and “clampof claim 1. For the purposes of examination, Examiner will interpret “the first measurement probe” and “the first clamp” of claim 8 to be the “measurement probe” and “clamp” of claim 1.
Claim 11 recites the limitations “the second actuator” in line 1 of the claim, and "the second force", and "the second threshold force" in line 4 of the claim. There is insufficient antecedent basis for these limitations in the claim. As written, it is unclear if “the second actuator” is referring to an additional actuator besides the “single actuator” recited in independent claim 1, and it is unclear if “the first force” or “the first threshold force” are referring to the “clamping force” or “probing force” described in independent claim 1, or entirely different forces that have yet to be introduced.
Claims 13 and 14 recite the limitation “second measurement probe” in lines 4 and 2, respectively, of the claims. There is insufficient antecedent basis for this limitation in these claims. It is unclear which measurement probe is the “second measurement probe” as a second measurement probe has not been introduced in independent claim 1 or any intervening claims. For the purposes of examination, Examiner will interpret “second measurement probe” claims 13 and 14 to mean an additional, newly introduced measurement probe.
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.
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.
10. Claims 1-2 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US 20170276651 A1) in view of Ganser (US 20160231210 A1).
In regard to claim 1, Hall teaches a specimen measurement device [measuring machine 50], comprising: a clamp [fixture 64]; a single actuator {para. [0022] coordinate positioning apparatus, as known on coordinate measuring machines (CMM); paras. [0215]-[0218] and Figs. 31-32 describe an embodiment with a linear stage motor with a linear encoder}; a measurement probe [probe 56] configured to contact the clamped specimen [Fig. 3 shows that measurement object 62 held by a fixture] with a probing force {para. [0013] describe the probe contacting the object with a particular force}; and a single position sensor {ultrasound transducer, position sensing described in para. [0008]} configured to measure a dimension of the clamped specimen based on detecting a position of the measurement probe {paras. [0008]-[0009] describe detecting position of the probe and measuring dimensions of the object}.
Hall is not explicit that the single actuator is configured to control the clamp to position a specimen with clamping force.
However, Ganser teaches a specimen holder {material testing machine 1/101/201/301; para. [0102] is explicit that any elements can be combined in a desired manner} configured to hold a material for testing during distance measurements {paras. [0005] and [0011], such that the clamp is controlled to position a specimen with a clamping force {Fig. 4 shows specimen 399 being clamped between to clamps, clamping force described in para. [0001]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s method of positioning a specimen with clamps exhibiting a clamping force – a well-known engineering practice – as Hall’s use of a fixture to hold a measurement object in order to better safely hold a workpiece during a test as taught by Ganser {paras. [0001]-[0002]}.
In regard to claim 2, Hall further teaches that the single actuator, the measurement probe, and the single position sensor are configured to measure a width of the specimen {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a width, as described in para. [0124]}.
In regard to claim 6, Hall further teaches processing circuitry [computer 70] configured to: engage the measurement probe with the specimen {para. [0081] describes the computer controlling the CMM; paras. [0008]-[0009] describe the probe engaging the object}; and determine a width of the specimen based on the single position sensor {para. [0081] describes the computer controlling the CMM; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a width, as described in para. [0124]}.
Hall does not teach that the single actuator clamps the first and second clamps onto the specimen.
However, Ganser teaches a single actuator {para. [0100] describes material testing machine 301 being configured with an actuation unit, paras. [0023] and [0081] describe having one actuator} such that two clamps hold the specimen [shown in Fig. 4].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s use of clamps holding a specimen driven by an actuator as Hall’s use of a fixture to hold a measurement object in order to better safely hold a workpiece during a test as taught by Ganser {paras. [0001]-[0002]}.
In regard to claim 7, Hall does not teach that the clamp is configured to constrain the specimen and clamp the specimen in a predetermined location with respect to a specimen thickness meter for a range of specimen widths using the single actuator.
However, Ganser teaches that the clamp is configured to constrain the specimen [shown in Fig. 4] and clamp the specimen in a predetermined location [closing position 305] with respect to a specimen thickness meter {described in paras. [0008]-[0020]; para. [0015] particularly describes setting the clamps based on a specimen thickness}, for a range of specimen widths {para. [0100] describes that the closing position 305 can be at different predetermined locations, thus a variety of specimen widths or lengths], using the single actuator {para. [0100] describes material testing machine 301 being configured with an actuation unit, paras. [0023] and [0081] describe having one actuator}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s method of clamps constraining a specimen in a predetermined location to a specimen thickness meter for a range of specimen widths in order to better safely accommodate a variety of workpieces during a test as taught by Ganser {paras. [0001]-[0002]}.
In regard to claim 8, Hall teaches that the probe [probe 56] can be in any direction or location of the test area [shown in Fig. 3].
Hall is not explicit that the first clamp comprises first and second arms positioned on opposing sides of the first measurement probe.
However, Ganser teaches that the first clamp [first holder 303]comprises first and second arms [jaws 307 and 307'] positioned on opposing sides of the first measurement probe {since the Hall's probe 56 can be in any direction or location of the test area as shown in Hall Fig. 3, it is reasonable to assume that if the probe was at the midsection of Ganser's specimen 399, thus the first and second arms would be on opposing sides of the Hall's probe}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s clamp with two arms positioned on opposing sides of Hall’s measurement probe in order to better keep a probe clear of contact while a specimen is being clamped, such that no components are damaged by interference during a closing of clamps – a known engineering practice – such that a workpiece is more safely held during a test, especially during a clamp’s closing process, as taught by Ganser {paras. [0001]-[0002] and [0071]}.
In regard to claim 9, Hall further teaches that the single actuator, the measurement probe, and the single position sensor are configured to measure a thickness of the specimen {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a thickness, as described in para. [0124]; alternatively, an ultrasound transducer and probe are able to measure thickness as described at least in para. [0014]}.
11. Claims 3, 10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Ganser as applied to claims 1-2 and 6-9 above, and further in view of Ballard (WO 0117671 A1).
In regard to claims 3 and 10, Hall teaches that a probe is configured to move via actuator in a first direction [Fig. 3 shows that the probe 56 can be moved in any three-dimensional direction on the CMM bed].
Hall is not explicit that the clamp and a second clamp are configured to move in a second direction opposite the first direction.
However, Ganser teaches that the specimen holding device having clamps moving in a second direction {para. [0100] describes the clamps closing to a closing position 305 – since Hall’s probe can be in any location, either of these directions could easily be in an opposite direction of the probing direction with Hall’s probe moving along the other clamp}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s method of having on of a clamp move in an opposite direction of another clamp and Hall’s measurement probe in order to better keep a probe clear of contact while a specimen is being clamped, such that no components are damaged by interference during a closing of clamps – a known engineering practice – such that a workpiece is more safely held during a test, especially during a clamp’s closing process, as taught by Ganser {paras. [0001]-[0002] and [0071]}.
Hall in view of Ganser are not explicit that the single actuator comprises a twin lead screw.
However, Ballard teaches a twin leadscrew [leadscrew 462], driven by a motor [motor 464], configured to drive a lower clamp 470 towards an upper clamp 468 [shown in Fig. 13, described on page 23 lines 15-33].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ballard’s twin leadscrew as an actuator for Hall in view of Ganser’s measuring machine because a motorized leadscrew is an obvious substitution of an actuator, as acknowledged by the Applicant {para. [0073] of the instant application states that the twin lead screws may be replaced with a variety of other types of actuators}.
In regard to claim 12, Hall teaches that the clamp [fixture 64] is configured to clamp the specimen to a support surface {CMM bed; described in para. [0080] and shown in Fig. 3}.
Hall is not explicit that the clamp has a first spring with a first clamping force, that a second clamp has a second spring with a second clamping force, that the second spring is preloaded to engage the second clamp to the specimen after the clamp, or that the second clamping force is greater than the first clamping force.
However, Ganser teaches that a pair of springs {actuator 12 and actuator 14 can be configured as springs; {para. [0082] describes that actuator 12 as a closing force limitation spring 62 that provides a safety closing force 61, actuator 14 as a screw spring 62 that provides an actuation force 64, otherwise known as a closing force}, with a first spring [actuator 12] configured to close a first clamp [holder 3] and provide a first clamping force [safety closing force 61], a second spring [actuator 14] configured to close a second clamp [holder 3’] with a second force [actuation/closing force 64], wherein the second spring is preloaded {para. [0042] describes the actuators having a hold-open force/pressure that must be overcome by their corresponding closing pressures/forces, thus a preloaded force}, such that the second clamp clamps after the first clamp {para. [0048] describes an embodiment where the actuators are clamped sequentially}, and that the second clamping force is greater than the first clamping force {paras. [0098]-[0099] describe an embodiment in which the first actuator (actuator 214) provides the safety vector force 261, and the second actuator (actuator 211) provides the clamping pressure/force 270 [shown in Fig. 3] [clamping force and clamping forces described interchangeably in para. [0028]; paras. [0070]-[0073] describe that the clamping forces are higher than that of the closing forces – thus the clamping forces provided by a second spring exceed that of the clamping forces provided by the second spring].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s first and second springs sequentially clamping a first and second clamp with a greater clamping force on a second clamp with Hall’s measuring machine in order to better ensure that a specimen is safely held by a holding force before engaging a greater force to increase user safety, as taught by Ganser {at least in paras. [0001]-[0002], [0040], [0050], [0055] and [0070]-[0073]}.
In regard to claim 13, Hall teaches a support surface [CMM bed – shown in Fig. 3] configured to position the specimen prior to measurement [Fig. 3 shows specimen 62 held by fixture 64], and measuring the specimen with a second measurement probe {at least paras. [0081]-[0089] and [0119] describes using additional probes}.
Hall does not teach that the second clamping force is set such that the second clamp raises the specimen above the support surface prior to the engagement of the second measurement probe.
However, Ganser teaches that a second clamping force [actuation force 64] can be used to move a specimen to a desired location {para. [0100] describes that the closing position 305 can be at different predetermined locations}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s specimen holder to raise a specimen from Hall’s CMM bed in order to better safely position a specimen at a desired location, as taught by Ganser {paras. [0001]-[0002] and [0100]}.
In regard to claim 14, Hall further teaches that the second measurement probe is configured to engage the specimen after clamping of the specimen {shown in Fig. 3 and described in para. [0080]; it would be obvious to place a fixture 64 holding a specimen 62 on the CMM bed (Fig. 3) before measurements in order for a user to avoid coming into contact with moving machinery}.
12. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Ganser as applied to claims 1-2 and 6-9 above, and further in view of Yang (US 20060267602 A1).
In regard to claim 5, Hall teaches a variety of modular probes and probe tips {at least paras. [0080]-[0089]; para. [0080] stating a conventional surface contact probe 72}.
Hall in view of Ganser are not explicit that the measurement probe comprises a spring configured to apply a predetermined engagement force on the measurement probe toward the specimen.
However, Yang also teaches a measurement system [measurement probing system 20] with a measurement probe [signal acquisition probe 28, including probing tip assembly 32, described as having a double-cushioned probing tip (Abstract)], such that the measurement probe comprises a spring {compressible element 60, described as compression spring 102 in para. [0028]} configured to apply a predetermined engagement force {force F4, described in para. [0030] and shown in Fig. 4} on the measurement probe toward the specimen {para. [0030]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Yang’s probe with a spring cushioned tip as one of Hall’s modular probes, {such as the surface contact probe taught by Hall in para. [0119]}, in order to better protect the components of the probe, as taught by Yang {para. [0031]}.
13. Claims 15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Ganser as applied to claims 1-2 and 6-9 above, and further in view of King (US 20040069077 A1).
In regard to claim 15, Hall teaches a specimen measurement device [measuring machine 50], comprising: a specimen width meter configured to measure a width dimension of a specimen {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a width, as described in para. [0124]}; a first measurement probe [probe 56]; a first clamp [fixture 64]; configured to clamp a specimen in alignment with the first measurement probe [shown in Fig. 3]; a first actuator {para. [0022] coordinate positioning apparatus, as known on coordinate measuring machines (CMM); paras. [0215]-[0218] and Figs. 31-32 describe an embodiment with a linear stage motor and a linear encoder}; a first position sensor configured to determine a location of the first measurement probe {ultrasound transducer, position sensing described in para. [0008]}; a specimen thickness meter configured to measure a thickness dimension of a specimen {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a thickness, as described in para. [0124]; alternatively, an ultrasound transducer and probe are able to measure thickness as described at least in para. [0014]}; a second measurement probe {at least paras. [0081]-[0089] and [0119] describes using additional probes}; a second actuator configured to actuate the second measurement probe {paras. [0215]-[0218] and Figs. 31-32 describe an embodiment with a second motor and encoder that would be capable of moving both the first and second probes}; a second position sensor configured to determine a location of the second measurement probe {paras. [0005]-[0008] describes that each probe may have their own respective transducer}; processing circuitry [computer 70] configured to control the first actuator to engage the first measurement probe with the specimen {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; paras. [0215]-[0218] and Figs. 31-32 describe embodiments with the first probe coming into contact with a measurement surface}; control the second actuator to engage the second measurement probe with the specimen {paras. [0215]-[0218] and Figs. 31-32 describe an embodiment where the second motor could be used to engage the first or second probe with a measurement surface}; determine a width of the specimen based on the first position sensor and a thickness of the specimen based on the second position sensor {Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a width and a thickness, as described in para. [0124]; the measurements could be performed by either the first or second measurement probe}.
Although Hall does teach that the first and second measurement probes can be configured to be at any position [probe 56 can be in any direction or location of the test area as shown in Fig. 3], Hall is not explicit as to the first clamp interacting with the first actuator, and Hall does not teach a second clamp such that the first and second clamp are configured to, in response to actuation of at least one of the first clamp or the second clamp, clamp a specimen in alignment with the first measurement probe; that the first actuator is configured to actuate at least one of the first clamp or the second clamp; a third clamp and a fourth clamp configured to, in response to actuation of at least one of the third clamp or the fourth clamp, clamp the specimen in alignment with the second measurement probe; or that the processing circuitry is configured to control the first actuator to clamp the first and second clamps on the specimen, and to control the second actuator to clamp the third and fourth clamps on the specimen.
However, Ganser teaches a specimen holder {material testing machine 1/101/201/301; para. [0102] is explicit that any elements can be combined in a desired manner} configured to hold a material for testing during distance measurements {paras. [0005] and [0011], with a first, second, third, and fourth clamp {clamping jaws 307, 307’, 307’’, 307’’’ described in para. [0100]}, with the first and second clamp configured to clamp a specimen in response to an actuation of either clamp by a first actuator {para. [0100] states that the actuators could act at least as actuating units 10 or 110; actuating units 10 and 110 described in paras. [0081]-[0093] and [0094]-[0095], respectively; paras. [0023] and [0081] describe having one actuator} the third and fourth clamp configured to clamp a specimen in response to an actuation of either clamp by a second actuator {para. [0100] states that the actuators could act at least as actuating units 10 or 110; actuating units 10 and 110 described in paras. [0081]-[0093] and [0094]-[0095], respectively; paras. [0023] and [0081] describe having one actuator}, and that the processing circuity [control computer PC] is configured to the first actuator to clamp the first and second clamps on the specimen {described in para. [0094], shown in Fig. 2}, and to control the second actuator to clamp the third and fourth clamps on the specimen {described in para. [0094], shown in Fig. 2}. As such, since Ganser’s specimen holder would safely keep the specimen in a desired location {paras. [0023] and [0100]; closing positions 305 and 305’ corresponding with the paired first and second and the paired third and fourth clamps, respectively – as shown in Fig. 4}, Hall’s first and second probe could be configured to align with either closing position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s specimen holder as Hall’s clamping means in order to better safely hold a specimen during a test, as taught by Ganser {at least in paras. [0001]-[0002], [0023], [0081]-[0095], and [0100]}.
Although Hall teaches that the second probe [probe 56] can be in any direction or location of the test area [shown in Fig. 3], and that the probe could be a surface contact probe {para. [0119]}, Hall in view of Ganser is not explicit that the second measurement probe is oriented perpendicularly to the first measurement probe.
However, King also teaches a specimen measurement device [inspection tool assembly 100] for measuring specimens {shroud segment 40; described at least in the Abstract and para. [0024]} with a width and thickness measuring meter {snubber and racetrack probe 108, described in para. [0030] and best shown in Fig. 7] with a first measurement probe [second probe body tip 182] and a second fixture probe [first probe body tip 176], with the second measurement probe oriented perpendicularly to the first measurement probe {shown in Fig. 7, described in paras. [0030]-[0034]}, using the locations of both probe body tips to measure dimensions of the specimen {described in paras. [0030]-[0034]} via processing circuity {CMM gaging, described at least in paras. [0003] and [0034]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used King’s perpendicular contact probes as an option for Hall’s contact probes measuring a variety of surfaces in order to more accurately determine distance measurements, as taught by King {para. [0034] describes the measurement tool having an accuracy 0.0002 inches, or that of a CMM machine}.
In regard to claim 19, Hall does not teach that the specimen width meter is configured to constrain the specimen and clamp the specimen in a predetermined location with respect to the specimen thickness meter, for a range of specimen widths, using a single actuator.
However, Ganser teaches that the specimen holder is configured to constrain the specimen [shown in Fig. 4] and clamp the specimen in a predetermined location [closing position 305] with respect to a specimen thickness meter {described in para. [0011]}, for a range of specimen widths {para. [0100] describes that the closing position 305 can be at different predetermined locations, thus a variety of specimen widths or lengths}, using the first actuator {para. [0100] describes material testing machine 301 being configured with an actuation unit, paras. [0023] and [0081] describe having one actuator}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s method of clamps constraining a specimen in a predetermined location to a specimen thickness meter for a range of specimen widths in order to better safely accommodate a variety of workpieces during a test as taught by Ganser {paras. [0001]-[0002]}.
In regard to claim 20, Hall further teaches that the specimen width meter is configured to measure a width of the specimen in a horizontal direction {paras. [0008]-[0009] describe the measuring machine positioning the probe such that the position sensor can measure features of a surface; Fig. 13(b) shows that the calibration block 400 was measured in three-dimensions, thus measuring a width, as described in para. [0124]}.
14. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Ganser and King as applied to claims 15 and 19-20 above, and further in view of Ballard.
In regard to claim 16, Hall teaches that the first probe is configured to move via the first actuator in a first direction [Fig. 3 shows that the probe 56 can be moved in any three-dimensional direction on the CMM bed].
Hall is not explicit that the first clamp is configured to actuate in the same direction of the first probe and the second clamp is configured to move in a second direction opposite the first direction.
However, Ganser teaches that the specimen holding device having clamps moving in a second direction {para. [0100] describes the clamps 307 and 307’ closing to a closing position 305 – since Hall’s probe can be in any location, either of these direction could easily be in an opposite direction of the probing direction with Hall’s probe moving along the other clamp}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ganser’s method of having on of a clamp move in an opposite direction of another clamp and Hall’s measurement probe in order to better keep a probe clear of contact while a specimen is being clamped, such that no components are damaged by interference during a closing of clamps – a known engineering practice – such that a workpiece is more safely held during a test, especially during a clamp’s closing process, as taught by Ganser {paras. [0001]-[0002] and [0071]}.
Hall in view of Ganser and King are not explicit that the first actuator comprises a twin lead screw.
However, Ballard teaches a twin leadscrew [leadscrew 462], driven by a motor [motor 464], configured to drive a lower clamp 470 towards an upper clamp 468 [shown in Fig. 13, described on page 23 lines 15-33].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Ballard’s twin leadscrew as an actuator for Hall in view of Ganser’s measuring machine because a motorized leadscrew is an obvious substitution of an actuator, as acknowledged by the Applicant {para. [0073] of the instant application states that the twin lead screws may be replaced with a variety of other types of actuators}.
15. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Ganser and King as applied to claims 15 and 19-20 above, and further in view of Yang.
In regard to claim 18, Hall teaches a variety of modular probes and probe tips {at least paras. [0080]-[0089]; para. [0080] stating a conventional surface contact probe 72}.
Hall in view of Ganser and King is not explicit that the first measurement probe comprises a first spring configured to apply a predetermined engagement force on the first measurement probe toward the specimen.
However, Yang also teaches a measurement system [measurement probing system 20] with a measurement probe [signal acquisition probe 28, including probing tip assembly 32, described as having a double-cushioned probing tip (Abstract)], such that the measurement probe comprises a spring {compressible element 60, described as compression spring 102 in para. [0028]} configured to apply a predetermined engagement force {force F4, described in para. [0030] and shown in Fig. 4} on the measurement probe toward the specimen {para. [0030]}.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Yang’s probe with a spring cushioned tip as one of Hall’s modular probes, {such as the surface contact probe taught by Hall in para. [0119]}, in order to better protect the components of the probe, as taught by Yang {para. [0031]}.
Conclusion
16. Due to the rejections under 35 U.S.C. §112(b), a thorough comparison of the prior art to instant dependent claims 4 and 17 could not reasonably be made by the Examiner. The absence of prior art rejection of instant dependent claims 4 and 17 is not an indication of allowable subject matter.
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/DANIEL M QUINN/ Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855