Prosecution Insights
Last updated: July 17, 2026
Application No. 18/545,995

Devices, Systems, and Methods for Processing Indicia on Different Types of Media

Non-Final OA §103
Filed
Dec 19, 2023
Priority
Aug 10, 2023 — provisional 63/532,062
Examiner
JOHNSON, SONJI N
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Zebra Technologies Corporation
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
584 granted / 785 resolved
+6.4% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
813
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
74.9%
+34.9% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 785 resolved cases

Office Action

§103
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 . Response to Amendment Claims 1-21 are pending and an action on the merits is as follows. 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, 9-11, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Giordano et al. US 20180137319 A1 cited in previous action in view of Giordano et al. US Publication No. 20170076122 hereafter referred to as Giordano II. Re Claim 1, Giordano discloses an imaging apparatus, comprising: an imaging assembly configured to capture image frames via a rolling shutter image sensor (P22-23; an illumination assembly configured to emit illumination light over at least a portion of a field of view (FOV) of the imaging assembly (P22-23, P25); and a controller (processor) configured to: cause the imaging apparatus to operate in a first mode where during the first mode the imaging assembly captures a first-mode frame (partial frame ) such that an intensity of the illumination light varies during a capture of the first-mode frame (P14, P34- the barcode scanner includes an illuminator to provide varying levels of illumination to barcode symbols in the reader’s field of view , illuminator operable to provide illumination of varying intensity and duration P33The illumination settings for each partial frame may be adjusted to ensure clear, machine-readable barcode images are obtained with a short exposure time) ; Giordano fails to disclose determine, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Giordano II discloses determine, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame (P10, P38, P51determining if a surface contains print or is a screen of a mobile device is provided...acquire the spectral wavelength signature of the surface (20) with the means to acquire the spectral wavelength signature(34) and to compare the spectral wavelength signature to the RGB triple-peak emission spectra are communicatively linked. The image-based scanner is provided with an illumination mode and a non-illumination mode . System(30) is configured to scan the surface (20) with the image-based scanner (32) in the non-illumination mode based upon the spectral wavelength signature corresponding to the RGB triple-peak mission spectra. In the alternative, the system(30) is configured to scan the surface(20)with the image-based scanner(32) in the illumination mode based upon the spectral wavelength signature not corresponding to the RGB triple-peak mission spectra). Given the teachings of Giordano II it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano with determining, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Doing so would accurately and efficiently decode indicia on different types of media. Re Claim 9, Giordano and Giordano II discloses The imaging apparatus of claim 1, and Giordano discloses wherein the intensity of the illumination light varies during the capture of the first-mode frame such that during some portion of the capture of the first-mode frame the illumination assembly emits no illumination light and during some other portion of the capture of the first-mode frame the illumination assembly emits at least some illumination light (P48-49). Re Claim 10, Giordano and Giordano II discloses the imaging apparatus of claim 1, and Giordano discloses wherein the intensity of the illumination light varies during the capture of the first-mode frame such that during some portion of the capture of the first-mode frame the illumination assembly emits illumination light at a relatively lower intensity and during some other portion of the capture of the first-mode frame the illumination assembly emits illumination light at a relatively higher intensity (P14 and 30). Re Claim 11, Giordano discloses a method for operating an imaging device having an imaging assembly configured to capture image frames via a rolling shutter imaging sensor (P22-23) and an illumination assembly configured to emit illumination light over at least a portion of a field of view (FOV) of the imaging assembly(P22-23, P25); comprising: operating, the imaging apparatus, in a first mode where during the first mode the imaging assembly captures a first-mode frame such that an intensity of the illumination light varies during a capture of the first-mode frame (P14, P34- the barcode scanner includes an illuminator to provide varying levels of illumination to barcode symbols in the reader’s field of view , illuminator operable to provide illumination of varying intensity and duration , P33The illumination settings for each partial frame may be adjusted to ensure clear, machine-readable barcode images are obtained with a short exposure time); Giordano fails to disclose determining, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Giordano II discloses determining, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame (P10, P38, P51determining if a surface contains print or is a screen of a mobile device is provided...acquire the spectral wavelength signature of the surface (20) with the means to acquire the spectral wavelength signature(34) and to compare the spectral wavelength signature to the RGB triple-peak emission spectra are communicatively linked. The image-based scanner is provided with an illumination mode and a non-illumination mode . System(30) is configured to scan the surface (20) with the image-based scanner (32) in the non-illumination mode based upon the spectral wavelength signature corresponding to the RGB triple-peak mission spectra. In the alternative, the system(30) is configured to scan the surface(20)with the image-based scanner(32) in the illumination mode based upon the spectral wavelength signature not corresponding to the RGB triple-peak mission spectra). Given the teachings of Giordano II it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano with determining, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Doing so would accurately and efficiently decode indicia on different types of media. Re Claim 19, Giordano and Giordano II discloses the method of claim 11, and Giordano discloses wherein the intensity of the illumination light varies during the capture of the first-mode frame such that during some portion of the capture of the first-mode frame the illumination assembly emits no illumination light and during some other portion of the capture of the first- mode frame the illumination assembly emits at least some illumination light (P48-49). Re Claim 20, Giordano and Giordano II discloses the method of claim 11, and Giordano discloses wherein the intensity of the illumination light varies during the capture of the first-mode frame such that during some portion of the capture of the first-mode frame the illumination assembly emits illumination light at a relatively lower intensity and during some other portion of the capture of the first-mode frame the illumination assembly emits illumination light at a relatively higher intensity (P14 and 30). ). Re Claim 21, Giordano discloses a tangible machine-readable medium comprising instructions that, when executed, cause an imaging apparatus, having an imaging assembly configured to capture image frames via a rolling shutter imaging sensor (P22-23) and an illumination assembly configured to emit illumination light over at least a portion of a field of view (FOV) of the imaging assembly(P22-23, P25); to: operate in a first mode where during the first mode the imaging assembly captures a first-mode frame such that an intensity of the illumination light varies during a capture of the first-mode frame (P14, P34- the barcode scanner includes an illuminator to provide varying levels of illumination to barcode symbols in the reader’s field of view , illuminator operable to provide illumination of varying intensity and duration P33The illumination settings for each partial frame may be adjusted to ensure clear, machine-readable barcode images are obtained with a short exposure time); Giordano fails to disclose determine, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Giordano II discloses determine, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame (P10, P38, P51determining if a surface contains print or is a screen of a mobile device is provided...acquire the spectral wavelength signature of the surface (20) with the means to acquire the spectral wavelength signature(34) and to compare the spectral wavelength signature to the RGB triple-peak emission spectra are communicatively linked. The image-based scanner is provided with an illumination mode and a non-illumination mode . System(30) is configured to scan the surface (20) with the image-based scanner (32) in the non-illumination mode based upon the spectral wavelength signature corresponding to the RGB triple-peak mission spectra. In the alternative, the system(30) is configured to scan the surface(20)with the image-based scanner(32) in the illumination mode based upon the spectral wavelength signature not corresponding to the RGB triple-peak mission spectra) Given the teachings of Giordano II it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano with determine, by analyzing the first-mode frame, a media type appearing within the FOV of the imaging assembly based on one of (i) a lack, in the first-mode frame, of an optical signature associated with varying the intensity of the illumination light during the capture of the first-mode frame or (ii) a presence, in the first-mode frame, of the optical signature associated with the varying the intensity of the illumination light during the capture of the first-mode frame. Doing so would accurately and efficiently decode indicia on different types of media. Claim(s) 6, 7, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Giordano et al. US 20180137319 A1 cited in previous action in view of Giordano et al. US Publication No. 20170076122 hereafter referred to as Giordano II as applied to claim 1 and 11 above, and further in view of Lin US Publication No. 2010/0103310. Re Claim 6, , Giordano and Giordano II discloses the imaging apparatus of claim 1, but fails to disclose wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame. Lin discloses wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame (P17, 26-27). Given the teachings of Lin it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano and , Giordano II with wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame since doing so would accurately detect media type. Re Claim 7, Giordano and Giordano II discloses the imaging apparatus of claim 1. Giordano and , Giordano II fail to disclose wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level. Lin discloses wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level(P17, 26-27). Given the teachings of Lin it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano and , Giordano II with wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level since doing so would accurately detect media type. Re Claim 16, Giordano and Giordano II discloses the method of claim 11, but fails to disclose wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame. Lin discloses wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame(P17, 26-27). Given the teachings of Lin it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano and Giordano II with wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of relatively darker pixels within the first-mode frame as compared to pixels within other portions of the first-mode frame since doing so would accurately detect media type. Re Claim 17, Giordano and Giordano II discloses the method of claim 11, but fails to discloses wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level. Lin discloses wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level 17, 26, 27). Given the teachings of Lin it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Giordano and Giordano II with wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, wherein the band of pixels is associated with a sufficiently low brightness level since doing so would accurately detect media type. Allowable Subject Matter Claims 2, 3, 4, 5, 8, 12, 13, 14, 15, 18 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 reasons for the indication of allowable subject matter in Re Claim 2: The prior art of record fails to disclose wherein the controller is further configured to, responsive to decoding, by a decoding module, an indicium within the first-mode frame, augment a transmission of a payload of the indicia to a host with data associated with a determined media type. The following is a statement of reasons for the indication of allowable subject matter in Re Claim 3: The prior art of record fails to disclose use the imaging apparatus to operate in a second mode where during the second mode the imaging assembly captures a second-mode frame such that the intensity of the illumination light remains substantially constant during a capture of the second-mode frame; and responsive to decoding, by a decoding module, an indicium within at least one of the first-mode frame or the second-mode frame, augment a transmission of a payload of the indicia to a host with data associated with a determined media type. The following is a statement of reasons for the indication of allowable subject matter in Re Claim 8: The prior art of record fails to disclose wherein the optical signature associated with the varying the intensity of the illumination light is associated with a band of pixels within the first-mode frame, and wherein the band of pixels appears within a region of the first-mode frame that is exposed when the illumination light is emitted at a relative lower intensity as compared to another region of the first-mode frame that is exposed when the illumination light is emitted at a relative higher intensity. The following is a statement of reasons for the indication of allowable subject matter in Re Claim 12: The prior art of record fails to disclose responsive to decoding, by a decoding module, an indicium within the first-mode frame, augmenting a transmission of a payload of the indicia to a host with data associated with a determined media type. The following is a statement of reasons for the indication of allowable subject matter in Re Claim 13: The prior art of record fails to disclose responsive operating, the imaging apparatus, in a second mode where during the second mode the imaging assembly captures a second-mode frame such that the intensity of the illumination light remains substantially constant during a capture of the second-mode frame; and responsive to decoding, by a decoding module, an indicium within at least one of the first-mode frame or the second-mode frame, augmenting a transmission of a payload of the indicia to a host with data associated with a determined media type. Conclusion The following reference is cited but not relied upon Peterson et al. discloses a controller that selectively operates the panel light device in a set of modes of operation. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONJI N JOHNSON whose telephone number is (571)270-5266. The examiner can normally be reached 9am-9pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 5712722404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. SONJI N. JOHNSON Examiner Art Unit 2876 /SONJI N JOHNSON/Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Feb 27, 2025
Non-Final Rejection mailed — §103
May 27, 2025
Response Filed
Sep 16, 2025
Final Rejection mailed — §103
Feb 17, 2026
Response after Non-Final Action
Feb 17, 2026
Notice of Allowance
Mar 04, 2026
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
96%
With Interview (+21.3%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 785 resolved cases by this examiner. Grant probability derived from career allowance rate.

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