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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 10/22/2025. These drawings are approved by the examiner of record.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a device” (Claim 1, 2, 10, 13).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 441 712 A1 in view of KIMOTO et al. (2011/0242496).
Claim 1
EP 3 441 712 A1 discloses coordinate measuring machine (Fig. 2, Ref. 10) comprising: having two or more linear axes (Fig. 2, Ref. X1, Y1), having a rotational axis (Fig. 2, Ref. 13; rotary table), having an optical distance sensor (Fig. 2, Ref. 20) for detecting measuring points on a workpiece (Fig. 2, Ref. 11) to be measured, and having a light source (Fig. 6, Ref. LD), wherein the linear axes (Fig. 2, Ref. X1, Y1) and the rotational axis (Fig. 2, Ref. 13; rotary table) are adapted to carry out relative movements between the workpiece (Fig. 2, Ref. 11) to be measured and the optical distance sensor (Fig. 2, Ref. 20), wherein the light source (Fig. 6, Ref. LD) is adapted to provide source light for the optical distance sensor (Fig. 2, Ref. 20).
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EP 3 441 712 A1 substantially teaches the claimed invention except that it does not show the light source comprises: an illuminant mounted on a carrier board and comprising a material which emits broadband light under excitation, such as phosphorus or the like, a laser for exciting the illuminant by means of laser light, a device for actively regulating the light intensity of the source light generated by the light source, a device for actively regulating a temperature within the light source, an optical system, and a light guide, wherein the optical system is adapted to focus the source light into the light guide, and - wherein the light guide is coupled to the optical distance sensor. KIMOTO et al. (2011/0242496) shows that it is known to provide the light source (Fig. 1, Ref. 1) comprises: an illuminant (Fig. 1, Ref. 16) mounted on a carrier board (Fig. 1, Ref. 15) and comprising a material which emits broadband light under excitation, such as phosphorus (Para. 0032) or the like, a laser for exciting the illuminant by means of laser light (Fig. 1, Ref. 11-13; Para. 0033), a device (Fig. 3, Ref. 212; light-source intensity controller) for actively regulating the light intensity of the source light generated by the light source (Fig. 1, Ref. 1)(Para. 0053), a device (Fig. 1, Ref. 18; Blast Fan) for actively regulating a temperature within the light source (Para. 0038), an optical system (Fig. 1, Ref. 20), and a light guide (Fig. 1, Ref. 21), wherein the optical system (Fig. 1, Ref. 20) is adapted to focus the source light (Fig. 1, Ref. 10) into the light guide (Fig. 1, Ref. 21), and wherein the light guide (Fig. 1, Ref. 21) for a device projecting light. It would have been obvious to combine the device of EP 3 441 712 A1 with the illumination device of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing an illumination device that provides higher quality light of various color temperatures and color rendering, therefore providing higher efficacy and lower cost.
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Claim 2
EP 3 441 712 A1 substantially teaches the claimed invention except that it does not show the device for actively regulating the temperature comprises a heating device, such as a thermoelectric element or the like, and/or the device for actively regulating the temperature comprises a cooling device, in particular in that wherein the device for actively regulating the temperature comprises an active cooling device, such as a cooling circuit with a cooling medium, a fan or the like and/or in that the device for actively regulating the temperature comprises a passive cooling device, such as cooling fins or the like, and/or that the device for actively regulating the temperature comprises a thermoelectric element which is a heating device and a cooling device, such as a Peltier element or the like. KIMOTO et al. (2011/0242496) shows that it is known to provide the device (Fig. 1, Ref. 18) for actively regulating the temperature comprises a heating device (blaster fan), such as a thermoelectric element or the like, and/or the device for actively regulating the temperature comprises a cooling device, in particular in that wherein the device for actively regulating the temperature comprises an active cooling device, such as a cooling circuit with a cooling medium, a fan or the like and/or in that the device for actively regulating the temperature comprises a passive cooling device, such as cooling fins or the like, and/or that the device for actively regulating the temperature comprises a thermoelectric element which is a heating device and a cooling device, such as a Peltier element or the like (Para. 0038) for a illumination device. It would have been obvious to combine the device of EP 3 441 712 A1 with the cooling fan and heat dissipation unit of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing an means for controlling the amount of heat produced in the illumination device, therefore improving the stabilization of the wavelengths produced by the illumination device.
Claim 3
EP 3 441 712 A1 substantially teaches the claimed invention except that it does not show the optical system, has two aspherical lenses. KIMOTO et al. (2011/0242496) shows that it is known to provide two aspherical lenses (Fig. 1, Ref. 19, 22) for an optical illumination device. It would have been obvious to combine the device of EP 3 441 712 A1 with the lenses of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing a illumination device with a wider, clearer field of vision, therefore reducing distortion.
Claim 4
EP 3 441 712 A1 discloses a light sensor (Fig. 6, Ref. 26) for measuring a light intensity of the generated source light is provided, such as a photodiode or the like (Page 9, Para. 6).
Claim 5
EP 3 441 712 A1 in view of KIMOTO et al. (2011/0242496) discloses the claimed invention except for the light sensor is arranged between the lenses. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine EP 3 441 712 A1 and KIMOTO et al. (2011/0242496) with the light sensor arranged between the lenses since it was well known in the art that having the light sensor between the lenses reduces the overall size of the device and therefore making it more compact. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 6
EP 3 441 712 A1 in view of KIMOTO et al. (2011/0242496) discloses the claimed invention except for the laser light (20) has a wavelength that is less than 500 nm, in particular has a wavelength that is 450 nm. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine EP 3 441 712 A1 and KIMOTO et al. (2011/0242496) with the above disclosed wavelength since it was well known in the art that using such wavelength falls in the visible spectrum, therefore allowing the device to be used in different applications. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 7
EP 3 441 712 A1 substantially teaches the claimed invention except that it does not show a temperature sensor is provided for measuring a temperature in particular for measuring the temperature of the illuminant and/or the carrier board and/or the laser. KIMOTO et al. (2011/0242496) shows that it is known to provide a temperature sensor (Fig. 3, Ref. 184) is provided for measuring a temperature in particular for measuring the temperature of the illuminant and/or the carrier board and/or the laser (Para. 0053; detecting temp of phosphor) for a illumination device. It would have been obvious to combine the device of EP 3 441 712 A1 with the temperature sensor of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing the ability to control the gain of the illumination system, therefore improving the overall illumination quality.
Claim 8
EP 3 441 712 A1 discloses the optical system (Fig. 2, Ref. 20) is displaceable relative to the illuminant (Fig. 2, Ref. X1, Y1), in particular displaceable in a direction transverse to an optical axis of the optical system (See Fig. 2, Ref. Y1).
Claim 9
EP 3 441 712 A1 in view of KIMOTO et al. (2011/0242496) discloses the claimed invention except for a mechanical adjusting device is provided for adjusting a relative position between the optical system and the illuminant, in particular in that wherein the mechanical adjusting device comprises in particular two or more micrometer screws, wherein in particular at least a first micrometer screw of the two or more micrometer screws is adapted to adjust a relative position between the optical system and the illuminant in a first direction (x), wherein in particular at least a second micrometer screw of the two or more micrometer screws is adapted to adjust a relative position between the optical system and the illuminant in a second direction (y), and - the first direction (x) is in particular oriented orthogonally to the second direction(y). It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine EP 3 441 712 A1 and KIMOTO et al. (2011/0242496) with the mechanical adjusting device since it was well known in the art that being able to adjust the illuminant improves the overall illumination, therefore improving the quality of the device. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 10
EP 3 441 712 A1 in view of KIMOTO et al. (2011/0242496) discloses the claimed invention except for a device for adjusting the focus of the optical system is provided, wherein the device for adjusting the focus is in particular mechanically designed and has an adjustment thread, wherein the adjustment thread is adapted to convert a rotation into a translational focus shift. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine EP 3 441 712 A1 and KIMOTO et al. (2011/0242496) with a focus adjusting device since it was well known in the art that being able to adjust the focal length of the optical system allows for precise illumination of the optical beam, therefore improving the quality of the optical system. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Claim 11
EP 3 441 712 A1A substantially teaches the claimed invention except that it does not show further lasers is provided for exciting the illuminant by means of laser light. KIMOTO et al. (2011/0242496) shows that it is known to provide further lasers (Fig. 1, Ref. 11-13) for a illumination device. It would have been obvious to combine the device of EP 3 441 712 A1 with the multiple lasers of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing different wavelengths over the phosphorus, which would increase the broadband illumination for the device.
Claim 12
EP 3 441 712 A1 substantially teaches the claimed invention except that it does not show a simulated light source is provided, in that a switching means is provided to switch the laser of the light source on and off. KIMOTO et al. (2011/0242496) shows that it is known to provide a simulated light source is provided, in that a switching means is provided to switch the laser of the light source on and off (Para. 0076) for a optical illumination device. It would have been obvious to combine the device of EP 3 441 712 A1 with the switching means of KIMOTO et al. (2011/0242496) before the effective filing date of the claimed invention for the purpose of providing means for reducing heat in the illumination device, therefore preventing overheating and failure of the device.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIMOTO et al. (2011/0242496).
Claim 13
KIMOTO et al. (2011/0242496) discloses a light source (Fig. 1, Ref. 1) comprising; having an illuminant (Fig. 1, Ref. 16) mounted on a carrier board (Fig. 1, Ref. 15) and comprising a material which emits broadband light under excitation, such as phosphorus or the like (Para. 0032), having a laser (Fig. 1, Ref. 11-13) for exciting the illuminant (Fig. 1, Ref. 16) by means of laser light (Fig. 1, Ref. 11-13), having a device for actively regulating (Fig. 3, Ref. 210) the light intensity of a source light generated by the light source (Para. 0032), having a device for actively regulating a temperature (Fig. 3, Ref. 184) within the light source (Fig. 1, Ref. 1), having an optical system (Fig. 1, Ref. 19), having an output for connecting a light guide (Fig. 1, Ref. 21), wherein the optical system (Fig. 1, Ref. 19) is adapted to focus the source light (Fig. 1, Ref. 11-13) into the light guide (Fig. 1, Ref. 21).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIMOTO et al. (2011/0242496) in view of EP 3 441 712 A1.
Claim 14
KIMOTO et al. (2011/0242496) discloses a light source (Fig. 1, Ref. 1) comprising an illuminant mounted (Fig. 1, Ref. 16) on a carrier board (Fig. 1, Ref. 15) and comprising a material which emits broadband light under excitation (Para. 0032), a laser for exciting the illuminant (Fig. 1, Ref. 16) by laser light (Fig. 1, Ref. 11-13; Para. 0032), a device (Fig. 3, Ref. 210) for actively regulating the light intensity of a source light generated by the light source (Para. 0052-0053), a device (Fig. 3, Ref. 184) for actively regulating a temperature within the light source (Para. 0053-0054), an optical system (Fig. 1, Ref. 19), and a light guide (Fig. 1, Ref. 21) which can be coupled to an output for connecting a light guide (Fig. 1, Ref. 21), wherein the optical system (Fig. 1, Ref. 19).
KIMOTO et al. (2011/0242496) substantially teaches the claimed invention except that it does not show focusing the source light into a coordinate measuring machine comprising two or more linear axes, a rotational axis, an optical distance sensor for detecting measuring points on a workpiece to be measured, and a light source, wherein the linear axes and the rotational axis are adapted to carry out relative movements between the workpiece to be measured and the optical distance sensor, wherein the light source is adapted to provide source light for the optical distance sensor. EP 3 441 712 A1 shows that it is known to provide focusing the source light (Fig. 6, Ref. LD) into a coordinate measuring machine (Fig. 2, Ref. 10) comprising two or more linear axes (Fig. 2, Ref. X1, Y1), a rotational axis (Fig. 2, Ref. 13; rotary table), an optical distance sensor (Fig. 2, Ref. 20) for detecting measuring points on a workpiece (Fig. 2, Ref. 11) to be measured, and a light source (Fig. 6, Ref. LD), wherein the linear axes (Fig. 2, Ref. X1, Y1) and the rotational axis (Fig. 2, Ref. 13; rotary table) are adapted to carry out relative movements between the workpiece (Fig. 2, Ref. 11) to be measured and the optical distance sensor (Fig. 2, Ref. 20), wherein the light source (Fig. 6, Ref. LD) is adapted to provide source light for the optical distance sensor (Fig. 2, Ref. 20) for an coordinate measuring device. It would have been obvious to combine the device of KIMOTO et al. (2011/0242496) with the distance sensor device of EP 3 441 712 A1 before the effective filing date of the claimed invention for the purpose of providing an illumination device that provides higher quality light of various color temperatures and color rendering, therefore providing higher efficacy and lower cost.
KIMOTO et al. (2011/0242496) discloses wherein the light source (Fig. 1, Ref. 1) comprises an illuminant mounted (Fig. 1, Ref. 16) on a carrier board (Fig. 1, Ref. 15) and comprising a material which emits broadband light under excitation (Para. 0032), a laser for exciting the illuminant by laser light (Para. 0032), a device (Fig. 3, Ref. 210) for actively regulating the light intensity of the source light generated by the light source (Para. 0052-0053), a device (Fig. 3, Ref. 184) for actively regulating a temperature within the light source (Para. 0053-0054), an optical system (Fig. 1, Ref. 19), and a light guide (Fig. 1, Ref. 21), wherein the optical system (Fig. 1, Ref. 19) is adapted to focus the source light into the light guide (Fig. 1, Ref. 21), and wherein the light guide (Fig. 1, Ref. 21) actively regulating the light intensity of the source light generated by the light source, and actively regulating the temperature inside the light source (Para. 0052-0054).
Claim 15
KIMOTO et al. (2011/0242496) discloses the simulated light source (Fig. 1, Ref. 1), in the event the laser in pulsed mode, simulates operating parameters of the light source and transmits them to the device for actively regulating the light intensity (Para. 0076; light source is turned off).
Response to Arguments
Applicant's arguments filed October 22, 2025 have been fully considered but they are not persuasive.
On pages 4-6 of remarks applicant respectfully takes the position “For an obviousness rejection to be proper, the Examiner must meet the burden of establishing that all elements of the invention are disclosed in the prior art and that the prior art relied upon, coupled with knowledge generally available in the art at the time of the invention, must contain some suggestion or incentive that would have motivated the skilled artisan to modify a reference or combined references.”
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In the instant case both prior art references need a light source and it would be obvious to one skilled in the art that different types of light sources have different capabilities, and that one would use a light source best for what is being accomplished. Therefore, it would be obvious to combine KIMOTO et al. (2011/0242496) in view of EP 3 441 712 A1 to improve the illumination of the device.
Further, In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, both prior art references use optical light sources coupled to optical devices Ref. 21 of KIMOTO et al. (2011/0242496) and Ref. 20 of EP 3 441 712 A1 and therefore would be obvious to use the different light source of KIMOTO et al. (2011/0242496) with EP 3 441 712 A1 so that one has an improved controllability of the light source to provide consistent illumination weather it’s a projection or measurement device.
Applicant further respectfully takes the position on page 5 of remarks “Applicant respectfully points out that the light source instantly claimed differs significantly in structure from the projection light source shown in Kimoto. Applicant's claimed light source is an integral part of a measuring system and the light generated is directed to a distance sensor via a light guide and is not freely projected. The interaction of the light source with the sensor and the linear axes of the measuring machine forms a closed metrological system that is clearly distinct from the field of application of a projector.”
The office takes the position that both references use optical connectors (Ref. 21; KIMOTO et al. (2011/0242496) and Ref. 20; EP 3 441 712 A1) to make the light source an integral part of a measuring device since different types of light sources provide different capabilities. Therefore, making it obvious to combine the prior art references of EP 3 441 712 A1 and KIMOTO et al. (2011/0242496).
Therefore, claim 1 remains rejected as indicated in the above rejection, along with dependent claims 2-12.
With regards to claims 14 and 15, applicant respectfully uses the same type of position as claim 1, therefore claims 14 and 15 remain rejected as indicated in the above rejection and positions listed above.
With regards to claim 13, rejected under USC 102 in view of KIMOTO et al. (2011/0242496) applicant respectfully takes the position “that these limitations are neither taught nor disclosed by Kimoto. As stated in the foregoing, Applicant's claimed light source differs significantly in structure from the projection light source shown in Kimoto. Applicant's claimed light source is an integral part of a measuring system and the light generated is directed to a distance sensor via a light guide and is not freely projected. The interaction of the light source with the sensor and the linear axes of the measuring machine forms a closed metrological system that is clearly distinct from the field of application of a projector. Applicant further and respectfully notes that the claimed light source provides the combination of active light intensity control and active temperature control resulting in a particularly stable, spectrally homogeneous, and broadband source light. These properties are crucial for precise optical measurement. Kimoto does not teach these claim limitations. Again, Kimoto relates to a projection device for imaging with a phosphor-based light source. The temperature of the phosphor layer and the light intensity are controlled to avoid brightness fluctuations when projecting images. Kimoto is therefore aimed at improving image quality in projectors and relates to consumer electronics. There is no disclosure of measurement technology.”
The office respectfully takes the position that claim 13 is purely directed towards a light source connected to a light guide. The claim limitation discloses “can be coupled to an optical distance sensor or connected a light guide” and therefore KIMOTO et al. (2011/0242496) clearly reads on the claimed invention of connecting to a light guide Fig. 1, Ref. 21. Using terms such as “can be”, “or” are indefinite, therefore making the claim limitation rejectable under KIMOTO et al. (2011/0242496). Therefore, claim 13 remain rejected as indicated in the above rejection.
Further, KIMOTO et al. (2011/0242496) discloses a light rod Ref. 21 were light from the source Ref. 10 is focused into the light rod. Therefore claim 13 remains rejected as indicated in the above rejection.
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 MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 January 7, 2026