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 the Claims
In response to applicant’s amendment received on 05/08/2026, all requested changes to the claims have been entered.
Claim(s) 1-9 were previously pending.
Claim(s) 10-15 have been added.
No claim(s) have been cancelled.
Claim(s) 1-15 are currently pending.
Terminal Disclaimer
The terminal disclaimer filed on 05/08/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of App. No. 18/394,714 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
Rejection under 35 U.S.C. § 101
Applicant has amended claim 9, which was previously rejected under 35 U.S.C. § 101 for being directed to non-statutory subject matter. Applicant’s amendment to specify that the computer-readable recording medium is non-transitory.
The previous rejection of claim 9 under 35 U.S.C. § 101 has been withdrawn.
Double Patenting Rejection
In light of the filed terminal disclaimer, the associated double patenting rejection has been withdrawn.
Claim interpretations under 35 U.S.C. § 112(f)
Applicant has amended claims 1,2, 4-9 to remove functional language that previously invoked claim interpretations under 35 U.S.C. § 112(f). The claims previously indicated as allowable have now changed to be broader in scope, as they are no longer interpreted under the narrower scope of the disclosed algorithm according to 35 U.S.C. § 112(f). Accordingly, the previously cited art can now be applied against the claims in their current form.
Claim Rejections - 35 USC § 103
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 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 & 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN 11389978 A), hereinafter referred to as “Zhao”, in view of Ito; Norihiko (JP 2004/133650 A), hereinafter referred to as “Ito”.
Regarding claim 1, Zhao teach A method of inspecting a disk-shaped graduation plate for defects (the method for identifying a defect in a strain gauge (a type of disk-shaped graduation plate) [¶21-26]), the method comprising:
acquiring data about an image of the disk-shaped graduation plate as disk-shaped graduation-plate image data (a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]);
detecting a defect in the disk-shaped graduation plate (Zhao: after image collection, a defect calculation and identification process is performed [¶24-25]).
While Zhao describes generally detecting a defect in the graduation plate, they fail to disclose this detection is performed on polar-coordinate graduation image data. Ito, however, is analogous art pertinent to the field of endeavor of the present application and describe a method for automatically reading analog (disk-shaped) meters using a coordinate transformation step. Ito teach transforming the disk-shaped graduation-plate image data into polar coordinates using a center of the disk-shaped graduation plate as a reference to generate a polar-coordinate graduation image data (Ito: polar coordinate conversion is performed of the image of the scale area 22 with a rotation center at coordinates 0,0 [¶0050-51; Fig. 22; eq. 2]); and
...based on the polar-coordinate graduation image data (Ito: the polar coordinate converted image of the scale area 22 [¶0051; Fig. 22; eq. 2]).
Ito further describe that the conversion into polar coordinates enables their system to correctly read the value indicated by the pointer of the analog meter [¶0009 & 28]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to utilize the polar-coordinate transformation taught by Ito to aid the defect detection performed by Zhao. This would enable the invention to accurately determine the value indicated by the pointer, which may be skewed by any potential defects in the graduated disk-plate.
With respect to claim 8, Zhao teach An inspection apparatus for a disk-shaped graduation plate (Zhao: the strain gauge defect identifying device illustrated in Fig. 1), the inspection apparatus comprising:
image-data acquiring circuitry (Zhao: an upper computer of the device runs corresponding upper computer software for performing a strain gauge defect identification method [¶50-51]) configured to acquire data about an image of the disk-shaped graduation plate as disk-shaped graduation-plate image data (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]);
defect detecting circuitry (Zhao: an upper computer of the device runs corresponding upper computer software for performing a strain gauge defect identification method [¶50-51]) configured to detect a defect in the disk-shaped graduation plate (Zhao: after image collection, a defect calculation and identification process is performed [¶24-25]).
While Zhao describes generally detecting a defect in the graduation plate, they fail to disclose this detection is performed on polar-coordinate graduation image data. Ito, however, teach polar-coordinate transforming circuitry (Ito: computer 16 [¶0035]) configured to transform the disk-shaped graduation-plate image data into polar coordinates using a center of the disk-shaped graduation plate as a reference to generate polar-coordinate graduation image data (Ito: polar coordinate conversion is performed of the image of the scale area 22 with a rotation center at coordinates 0,0 [¶0050-51; Fig. 22; eq. 2]); and
…based on a pitch of graduations in the polar-coordinate graduation image data (Ito: the polar coordinate converted image of the scale area 22, which captures the spacing (i.e., pitch) of graduations in the image [¶0051; Fig. 22; eq. 2]).
Ito further describe that the conversion into polar coordinates enables their system to correctly read the value indicated by the pointer of the analog meter [¶0009 & 28]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to utilize the polar-coordinate transformation taught by Ito to aid the defect detection performed by Zhao. This would enable the invention to accurately determine the value indicated by the pointer, which may be skewed by any potential defects in the graduated disk-plate.
As for claim 9, Zhao teach A non-transitory computer-readable recording medium storing an inspection program for a disk-shaped graduation plate (Zhao: the upper computer, which stores upper computer software for performing the disclosed strain gauge inspection method [¶51]), the program causing a computer to implement a method comprising:
acquiring data about an image of the disk-shaped graduation plate as disk-shaped graduation-plate image data (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]);
detecting a defect in the disk-shaped graduation plate (Zhao: after image collection, a defect calculation and identification process is performed [¶24-25]).
While Zhao describes generally detecting a defect in the graduation plate, they fail to disclose this detection is performed on polar-coordinate graduation image data. Ito, however, teach transforming the disk-shaped graduation-plate image data into polar coordinates using a center of the disk-shaped graduation plate as a reference to generate a polar-coordinate graduation image data (Ito: polar coordinate conversion is performed of the image of the scale area 22 with a rotation center at coordinates 0,0 [¶0050-51; Fig. 22; eq. 2]); and
...based on the polar-coordinate graduation image data (Ito: the polar coordinate converted image of the scale area 22 [¶0051; Fig. 22; eq. 2]).
Ito further describe that the conversion into polar coordinates enables their system to correctly read the value indicated by the pointer of the analog meter [¶0009 & 28]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to utilize the polar-coordinate transformation taught by Ito to aid the defect detection performed by Zhao. This would enable the invention to accurately determine the value indicated by the pointer, which may be skewed by any potential defects in the graduated disk-plate.
Claim(s) 5-7 & 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al (CN 11389978 A), hereinafter referred to as “Zhao”, in view of Ito; Norihiko (JP 2004/133650 A), hereinafter referred to as “Ito”, further in view of Kuo et al (“An Efficient Histogram-Based Method for Background Modeling”, hereinafter referred to as “Kuo”.
Regarding claim 5, Zhao in view of Ito teach The method of inspecting the disk-shaped graduation plate according to claim 1 (as previously described), wherein
the acquiring further includes:
acquiring data (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]); and
acquiring the disk-shaped graduation plate image data from which the pointer (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit, which would inherently capture a pointer of said strain gauge [¶22-24; elements 3 & 4 of Fig. 1]).
While Zhao in view of Ito generally teach acquiring image data of a graduation-plate, they fail to describe an explicit step of omitting a pointer from the image data. Kuo, on the other hand, disclose a general method for using the temporal average-median approach to average out foreground entities to capture a background. Kuo teach acquiring data about a plurality of images… with different positions… (Kuo: a sequence of images (in the form of a video) is obtained of a scene, wherein dominant background pixels are selected to generate a background model estimate as foreground elements move throughout the background scene in different positions [Sec 3: Background modeling – steps 3-6] - the examiner notes that here, the disk-shaped graduation plate is treated as the background, whereas the pointer is treated as the foreground)
…is substantially excluded based on the plurality of image data (Kuo: temporal averaging is performed across frames of the video to exclude foreground objects and capture the background of a given scene [Sec 3: Experimental Results - ¶02-03; Fig. 1]).
Kuo describe that their background modeling method provide a simple yet efficient modeling scheme for capturing a static background [Sec: Abstract]. One of ordinary skill would recognize the advantage of implementing the method of Kuo and applying it to the strain gauge defect detection system of Zhao. This would enable the system to capture a plurality of images of the strain gauge and perform temporal averaging of the pointer in different positions in order to create an "average" of the background to only capture the graduations and markings of the strain gauge while excluding the foreground (i.e., the pointer).
Considering claim 6, Zhao in view of Ito, further in view of Kuo teach The method of inspecting the disk-shaped graduation plate according to claim 5 (as described above), wherein
the acquiring further includes:
(Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]).
Zhao again, fails to describe averaging a plurality of images to acquire image information of their strain gauge. Kuo, per contra, teach averaging the data about the plurality of images… (Kuo: temporal averaging is performed across frames of the video to exclude foreground objects and capture the background of a given scene [Sec 3: Experimental Results - ¶02-03; Fig. 1]).
Kuo describe that their background modeling method provide a simple yet efficient modeling scheme for capturing a static background [Sec: Abstract]. One of ordinary skill would recognize the advantage of implementing the method of Kuo and applying it to the strain gauge defect detection system of Zhao. This would enable the system to capture a plurality of images of the strain gauge and perform temporal averaging of the pointer in different positions in order to create an "average" of the background to only capture the graduations and markings of the strain gauge while excluding the foreground (i.e., the pointer).
With respect to claim 7, Zhao in view of Ito, further in view of Kuo teach The method of inspecting the disk-shaped graduation plate according to claim 5 (as described previously), wherein
the acquiring further includes:
obtaining the median luminance value for each corresponding pixel of the plurality of image data or (the examiner notes that, due to the disjunctive use of “or” only one of either limitations necessitates mapping) obtaining the average value of the luminance values of several data near the median value for each corresponding pixel of the plurality of image data to acquire the disk-shaped graduation-plate image data (Ito: the average luminance value of the scale area 22 of the disk-shaped meter is obtained across each pixel x,y [¶0047-49; Eq. 1]).
Ito further describe capturing the luminance values across the scale aids in the identification of the needle [¶0007] or scale marks [¶0011-13] which aids in determining the accurate positioning of elements in the disk-shaped meter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to utilize the luminance measurement taught by Ito with the system outlined by Zhao and Kuo to more accurately develop a background model of the disk-shaped graduation plate.
As for claim 13, Zhao in view of Ito teach The inspection apparatus according to claim 8 (as described previously), wherein
the image-data acquiring circuitry (Zhao: an upper computer of the device runs corresponding upper computer software for performing a strain gauge defect identification method [¶50-51]) is further configured to:
acquire data (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]); and
acquire the disk-shaped graduation plate image data from which the pointer (Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit, which would inherently capture a pointer of said strain gauge [¶22-24; elements 3 & 4 of Fig. 1]).
While Zhao in view of Ito generally teach acquiring image data of a graduation-plate, they fail to describe an explicit step of omitting a pointer from the image data. Kuo, on the other hand, disclose a general method for using the temporal average-median approach to average out foreground entities to capture a background. Kuo teach acquire data about a plurality of images… with different positions… (Kuo: a sequence of images (in the form of a video) is obtained of a scene, wherein dominant background pixels are selected to generate a background model estimate as foreground elements move throughout the background scene in different positions [Sec 3: Background modeling – steps 3-6] - the examiner notes that here, the disk-shaped graduation plate is treated as the background, whereas the pointer is treated as the foreground)
…is substantially excluded based on the plurality of image data (Kuo: temporal averaging is performed across frames of the video to exclude foreground objects and capture the background of a given scene [Sec 3: Experimental Results - ¶02-03; Fig. 1]).
Kuo describe that their background modeling method provide a simple yet efficient modeling scheme for capturing a static background [Sec: Abstract]. One of ordinary skill would recognize the advantage of implementing the method of Kuo and applying it to the strain gauge defect detection system of Zhao. This would enable the system to capture a plurality of images of the strain gauge and perform temporal averaging of the pointer in different positions in order to create an "average" of the background to only capture the graduations and markings of the strain gauge while excluding the foreground (i.e., the pointer).
Turning to claim 14, Zhao in view of Ito, further in view of Kuo teach The inspection apparatus according to claim 13 (described above), wherein
the image-data acquiring circuitry (Zhao: an upper computer of the device runs corresponding upper computer software for performing a strain gauge defect identification method [¶50-51]) is further configured to:
(Zhao: a camera collects image information of the strain gauge as it moves via the XY axis movement unit [¶22-24; elements 3 & 4 of Fig. 1]).
Zhao again, fails to describe averaging a plurality of images to acquire image information of their strain gauge. Kuo, per contra, teach average the data about the plurality of images… (Kuo: temporal averaging is performed across frames of the video to exclude foreground objects and capture the background of a given scene [Sec 3: Experimental Results - ¶02-03; Fig. 1]).
Kuo describe that their background modeling method provide a simple yet efficient modeling scheme for capturing a static background [Sec: Abstract]. One of ordinary skill would recognize the advantage of implementing the method of Kuo and applying it to the strain gauge defect detection system of Zhao. This would enable the system to capture a plurality of images of the strain gauge and perform temporal averaging of the pointer in different positions in order to create an "average" of the background to only capture the graduations and markings of the strain gauge while excluding the foreground (i.e., the pointer).
Concerning claim 15. The inspection apparatus according to claim 13, wherein
the image-data acquiring circuitry (Zhao: an upper computer of the device runs corresponding upper computer software for performing a strain gauge defect identification method [¶50-51]) is further configured to:
obtain the median of luminance value for each corresponding pixel of the plurality of image data or (the examiner notes that, due to the disjunctive use of “or” only one of either limitations necessitates mapping) obtain the average value of the luminance values of several data near the median value for each corresponding pixel of the plurality of image data to acquire the disk-shaped graduation-plate image data (Ito: the average luminance value of the scale area 22 of the disk-shaped meter is obtained across each pixel x,y [¶0047-49; Eq. 1]).
Ito further describe capturing the luminance values across the scale aids in the identification of the needle [¶0007] or scale marks [¶0011-13] which aids in determining the accurate positioning of elements in the disk-shaped meter. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to utilize the luminance measurement taught by Ito with the system outlined by Zhao and Kuo to more accurately develop a background model of the disk-shaped graduation plate.
Allowable Subject Matter
Claims 2-4 & 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reason for the indication of allowable subject matter:
Regarding claim 2, the primary reason for indication of allowable subject matter is that the prior art fails to teach or reasonably suggest “…setting a processing region having a width equivalent to (A°/N)×k on the angle display axis, where a center angle of a range in which the graduations are provided on the disk-shaped graduation plate is A°, the number of graduations on the disk-shaped graduation plate is N, and k is a positive integer less than or equal to N/3..”.
The closest cited prior art, Ito, generally disclose performing a polar-coordinate transformation to determine the positions of graduations in an image of a disk-shaped graduated plate and calculating the center region of the plate, but fails to disclose setting a processing region according to the above-claimed parameters. The subject matter disclosed in claim 2, as a whole, is neither anticipated by, nor made obvious by the cited prior art.
Therefore, claim 2, and it’s associated dependent claims 3-4 are considered to contain allowable subject matter.
With respect to claim 10, a similar analysis as described for claim 2 can be applied.
Therefore, claim 10, and it’s associated dependent claims 11-12 are considered to contain allowable subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Michael M. Sofroniou whose telephone number is (571)272-0287. The examiner can normally be reached M-F: 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John M. Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL M SOFRONIOU/Examiner, Art Unit 2661
/JOHN VILLECCO/Supervisory Patent Examiner, Art Unit 2661
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