Prosecution Insights
Last updated: October 26, 2026
Application No. 18/556,674

IMAGING ENVIRONMENT ADJUSTING DEVICE, AND COMPUTER-READABLE STORAGE MEDIUM

Non-Final OA §103
Filed
Oct 23, 2023
Priority
May 14, 2021 — nonprovisional of PCTJP2021018418
Examiner
EVERETT, CHRISTOPHER E
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
FANUC Corporation
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
725 granted / 867 resolved
+28.6% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
58.7%
+18.7% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 867 resolved cases

Office Action

§103
DETAILED ACTION The Office Action is responsive to the communication filed on 8/17/2026. Claims 1-8 are pending. 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. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/17/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claims 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In particular, Applicant’s arguments are directed to Habibi not teaching or suggesting at least one of “stop coolant”, “stop spindle rotation”, “move loader”, “move spindle to front of imaging device”, or “turn on light inside machine”, as recited in independent claims 1 and 8. In the current rejection, Kubota is utilized to teach the limitation as described above. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable by U.S. Patent Application Publication No. 2007/0073439 (Habibi) (cited by Applicant) in view of U.S. Patent Application Publication No. 2023/0405751 (Kubota). Claim 1: The cited prior art describes an imaging environment adjustment device comprising: (Habibi: “This disclosure generally relates to machine vision, and more particularly, to visual tracking systems using image capture devices.” Paragraph 0003; “In a further embodiment, the vision tracking system advantageously addresses the problems of occlusion and/or focus by controlling the position and/or orientation of one or more cameras independently of the robotic device.” Paragraph 0031; see the processor 302 and memory 304 as illustrated in figure 3) a memory storing at least one environment setting item defining an imaging environment in a machining machine; and (Habibi: see the logic 314 stored in the memory 304 as illustrated in figure 3 and as described in 0110, 0111; “In some embodiments, known occlusions may be communicated to the vision tracking system 100. Such occlusions may be predicted based upon information available to or known by the robot controller 116, or the occlusions may be learned from prior robotic operations.” Paragraph 0104; “Logic 314 may include one or more algorithms to predict the occurrence of an occlusion. For example, if one or more portions of the manipulators 410, 412 are detected as they come into the field of view 124, the algorithm may determine that an occlusion event will occur in the future, based upon knowledge of where the workpiece 104 currently is, and will be in the future, in the workspace geometry. As another example, the relative positions of the workpiece 104 and robotic device 114 or portions thereof may be learned, known or predefined over the period of time that the workpiece 104 is in the workspace geometry.” Paragraph 0110; “Logic 314 resides in or is implemented in the memory 304.” Paragraph 0070) a processor configured to: detect at least one type of trigger to adjust the imaging environment; (Habibi: “The process starts at block 902, which corresponds to either of the ending blocks of FIG. 7 (block 716) or FIG. 8 (block 816). Accordingly, the robot controller 116 has received the processor signal 118 from transducer 114 based upon the emulated output signal 110 communicated from the vision tracking system 100 (FIG. 1), or the robot controller 116 has received an emulated processor signal 202 directly communicated from the vision tracking system 100 (FIG. 2).” Paragraph 0152; “At block 904, a signal is communicated from the robot controller 116 to the image capture device positioning system 122.” Paragraph 0153) acquire a determination result as to whether or not to adjust the imaging environment into a control state indicated by the at least one environment setting item (Habibi: see the occlusion detection as described in paragraphs 0099, 0100, 0103, 0104; “Upon detection of the occlusion (determination of an occlusion in the occlusion region 502), the vision tracking system 100 adjusts movement of the image capture device 120 to eliminate or minimize the occlusion. For example, in response to the vision tracking system 100 detecting an occlusion event, the image capture device 120 may be moved backward, stopped or decelerated to avoid or mitigate the effect of the occlusion.” Paragraph 0099; “Detection of occlusion events are determined upon analysis of captured image data.” Paragraph 0103; “In some embodiments, known occlusions may be communicated to the vision tracking system 100. Such occlusions may be predicted based upon information available to or known by the robot controller 116, or the occlusions may be learned from prior robotic operations.” Paragraph 0104; “At block 908, in response to occlusion events, position of the image capture device 120 is further adjusted to avoid or mitigate the effect of occlusion events.” Paragraph 0153) Habibi does not explicitly describe a control state as described below. However, Kubota teaches the control state as described below. including at least one of “stop coolant”, “stop spindle rotation”, “move loader”, “move spindle to front of imaging device”, or “turn on light inside machine”; and (Kubota: “When a tool test is instructed by a measurement command or the like, the machine tool 100 stops machining of the workpiece. At this time, the machine tool 100 also stops injection of the coolant. Next, the spindle moves the tool 102 at a predetermined position (hereinafter referred to as a “standby position”) short of the tool recognition area 210 and rapidly rotates the tool 102 at the standby position.” Paragraph 0035; “After the cleaning rotation, the external cover 300 is opened and a tool is caused to enter the tool recognition area 210. The tool 102 inserted into the tool recognition area 210 is imaged with the camera 106 to check the tool shape.” Paragraph 0038; “The spindle 116 causes a tool 102 to enter the tool recognition area 210 also when a tool test is to be performed on the tool 102 that is in use or after use. Similarly at the time of new registration, the spindle 116 moves and rotates the tool 102 and the camera 106 automatically images the tool 102 from various positions and directions.” Paragraph 0046) in response to detecting the at least one type of trigger to adjust the imaging environment and the determination result indicating to adjust the imaging environment, adjust the imaging environment into the control state indicated by the at least one environment setting item. (Habibi: see the vision tracking system 100 including the movement of the image capture device 120 based on the signal from the vision tracking system 100 (i.e., trigger) and the occlusion detection (i.e., determination result) as illustrated in figures 5A, 5B, 9 and as described in paragraphs 0152, 0153; “At block 908, in response to occlusion events, position of the image capture device 120 is further adjusted to avoid or mitigate the effect of occlusion events.” Paragraph 0153) (Kubota: “When a tool test is instructed by a measurement command or the like, the machine tool 100 stops machining of the workpiece. At this time, the machine tool 100 also stops injection of the coolant. Next, the spindle moves the tool 102 at a predetermined position (hereinafter referred to as a “standby position”) short of the tool recognition area 210 and rapidly rotates the tool 102 at the standby position.” Paragraph 0035; “After the cleaning rotation, the external cover 300 is opened and a tool is caused to enter the tool recognition area 210. The tool 102 inserted into the tool recognition area 210 is imaged with the camera 106 to check the tool shape.” Paragraph 0038; “The spindle 116 causes a tool 102 to enter the tool recognition area 210 also when a tool test is to be performed on the tool 102 that is in use or after use. Similarly at the time of new registration, the spindle 116 moves and rotates the tool 102 and the camera 106 automatically images the tool 102 from various positions and directions.” Paragraph 0046) One of ordinary skill in the art would have recognized that applying the known technique of Habibi, namely, visual tracking in a machine vision system for a robot controller, with the known techniques of Kubota, namely, a machine tool with a camera for tool imaging, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Habibi to provide for camera adjustment based on occlusion determination with the teachings of Kubota to modify the tooling environment for tool camera imaging would have been recognized by those of ordinary skill in the art as resulting in an improved machine tool imaging system. In other words, the combination of the references provides for a machine tool imaging system for modifying the machining environment by stopping coolant and moving the spindle in front of the camera based on the teachings of modifying the machining environment for camera imaging in Habibi and the teachings of modifying the machining environment for camera imaging by stopping coolant or moving the spindle in Kubota. Claim 2: The cited prior art describes the imaging environment adjustment device according to claim 1 further comprising wheren the processor is configured determine whether or not to adjust the imaging environment into the control state indicated by the at least one environment setting item. (Habibi: see the occlusion detection as described in paragraphs 0099, 0100, 0103, 0104; “Upon detection of the occlusion (determination of an occlusion in the occlusion region 502), the vision tracking system 100 adjusts movement of the image capture device 120 to eliminate or minimize the occlusion. For example, in response to the vision tracking system 100 detecting an occlusion event, the image capture device 120 may be moved backward, stopped or decelerated to avoid or mitigate the effect of the occlusion.” Paragraph 0099; “Detection of occlusion events are determined upon analysis of captured image data.” Paragraph 0103; “In some embodiments, known occlusions may be communicated to the vision tracking system 100. Such occlusions may be predicted based upon information available to or known by the robot controller 116, or the occlusions may be learned from prior robotic operations.” Paragraph 0104; “Logic 314 (FIG. 3) includes one or more algorithms that then identify the above-described occurrence of occlusion events.” Paragraph 0109) Claim 3: The cited prior art describes the imaging environment adjustment device according to claim 1 wherein the processor is configured to accept input of the determination result indicating whether or not to adjust the imaging environment into the control state indicated by the at least one environment setting item. (Habibi: see the occlusion detection as described in paragraphs 0099, 0100, 0103, 0104; “Upon detection of the occlusion (determination of an occlusion in the occlusion region 502), the vision tracking system 100 adjusts movement of the image capture device 120 to eliminate or minimize the occlusion. For example, in response to the vision tracking system 100 detecting an occlusion event, the image capture device 120 may be moved backward, stopped or decelerated to avoid or mitigate the effect of the occlusion.” Paragraph 0099; “Detection of occlusion events are determined upon analysis of captured image data.” Paragraph 0103; “In some embodiments, known occlusions may be communicated to the vision tracking system 100. Such occlusions may be predicted based upon information available to or known by the robot controller 116, or the occlusions may be learned from prior robotic operations.” Paragraph 0104) Claim 4: The cited prior art describes the imaging environment adjustment device according to claim 1, wherein the at least one type of trigger includes multiple types of triggers, and (Habibi: see the emulated output signal 110 and the emulated processor signal 202 as described in paragraph 0152; “The process starts at block 902, which corresponds to either of the ending blocks of FIG. 7 (block 716) or FIG. 8 (block 816). Accordingly, the robot controller 116 has received the processor signal 118 from transducer 114 based upon the emulated output signal 110 communicated from the vision tracking system 100 (FIG. 1), or the robot controller 116 has received an emulated processor signal 202 directly communicated from the vision tracking system 100 (FIG. 2).” Paragraph 0152) wherein the smemory stores the at least one environment setting item in association with each of the multiple types of triggers. (Habibi: see the logic 314 stored in the memory 304 for processing the emulated output signal 110 and the emulated processor signal 202 as illustrated in figure 3 and as described in 0110, 0111; “In some embodiments, known occlusions may be communicated to the vision tracking system 100. Such occlusions may be predicted based upon information available to or known by the robot controller 116, or the occlusions may be learned from prior robotic operations.” Paragraph 0104; “As noted above, some embodiments of logic 314 contain conversion information such that the determined position, velocity and/or acceleration information can be converted into information corresponding to the above described output signal of a shaft encoder or the signal of another electro-mechanical movement detection device.” Paragraph 0076; “Logic 314 may include one or more algorithms to predict the occurrence of an occlusion. For example, if one or more portions of the manipulators 410, 412 are detected as they come into the field of view 124, the algorithm may determine that an occlusion event will occur in the future, based upon knowledge of where the workpiece 104 currently is, and will be in the future, in the workspace geometry. As another example, the relative positions of the workpiece 104 and robotic device 114 or portions thereof may be learned, known or predefined over the period of time that the workpiece 104 is in the workspace geometry.” Paragraph 0110; “Logic 314 resides in or is implemented in the memory 304.” Paragraph 0070) Claim 5: The cited prior art describes the imaging environment adjustment device according to claim 1 wherein the processor is configured to acquire operation information indicating an operation state of the machining machine stored in association with the at least one environment setting item applied when detecting the at least one type of trigger, and (Habibi: see the belt 112 (i.e., table) as illustrated in figure 1; “Alternatively, the vision tracking system 100 may be configured to track movement of the belt 112 or another component whose movement is relatable to the speed of the belt 112 and/or workpiece 104 using machine-vision techniques, and to determine an emulated encoder output signal 110.” Paragraph 0054; “FIG. 7 is a flowchart illustrating an embodiment of a process for emulating the output of an electromechanical movement detection system such as a shaft encoder. The process begins at block 702. At block 704, a plurality of images of a feature 108 (FIG. 1) corresponding to a workpiece 104 are captured by the vision tracking system 100.” Paragraph 0140) acquire the determination result determined based on the operation information. (Habibi: “FIG. 7 is a flowchart illustrating an embodiment of a process for emulating the output of an electromechanical movement detection system such as a shaft encoder. The process begins at block 702. At block 704, a plurality of images of a feature 108 (FIG. 1) corresponding to a workpiece 104 are captured by the vision tracking system 100.” Paragraph 0140) Claim 6: The cited prior art describes the imaging environment adjustment device according to claim 5, wherein the operation information includes position information indicating a position of at least any one of a tool spindle, a table, a robot, or a loader, and (Habibi: see the belt 112 (i.e., table) as illustrated in figure 1; “Alternatively, the vision tracking system 100 may be configured to track movement of the belt 112 or another component whose movement is relatable to the speed of the belt 112 and/or workpiece 104 using machine-vision techniques, and to determine an emulated encoder output signal 110.” Paragraph 0054) wherein the processor is configured to move at least any one of the tool spindle, the table, the robot, or the loader to a retracted position based on the position information. (Habibi: see the movement of the image capture device 120 (i.e., robot) based on the signal from the vision tracking system 100 (i.e., trigger) and the occlusion detection (i.e., determination result) as illustrated in figures 5A, 5B, 9 and as described in paragraphs 0152, 0153; “At block 908, in response to occlusion events, position of the image capture device 120 is further adjusted to avoid or mitigate the effect of occlusion events.” Paragraph 0153) Claim 7: The cited prior art describes the imaging environment adjustment device according to claim 1 wherein the processor is configured to acquire an image in the imaging environment adjusted into the control state indicated by the at least one environment setting item. (Habibi: “The vision tracking system 100 comprises an image capture device 120 (also referred to herein as a camera).” Paragraph 0056) Claim 8: The cited prior art describes a non-transitory computer readable storage medium storing an instruction for causing, when executed by a computer, the computer to perform: (Habibi: “This disclosure generally relates to machine vision, and more particularly, to visual tracking systems using image capture devices.” Paragraph 0003; “In a further embodiment, the vision tracking system advantageously addresses the problems of occlusion and/or focus by controlling the position and/or orientation of one or more cameras independently of the robotic device.” Paragraph 0031; see the processor 302 and memory 304 as illustrated in figure 3) detecting at least one type of trigger to adjust an imaging environment, (Habibi: “The process starts at block 902, which corresponds to either of the ending blocks of FIG. 7 (block 716) or FIG. 8 (block 816). Accordingly, the robot controller 116 has received the processor signal 118 from transducer 114 based upon the emulated output signal 110 communicated from the vision tracking system 100 (FIG. 1), or the robot controller 116 has received an emulated processor signal 202 directly communicated from the vision tracking system 100 (FIG. 2).” Paragraph 0152; “At block 904, a signal is communicated from the robot controller 116 to the image capture device positioning system 122.” Paragraph 0153) acquiring a determination result as to whether or not to adjust the imaging environment into a control state indicated by at least one environment setting item defining the imaging environment in a machining machine (Habibi: see the occlusion detection as described in paragraphs 0099, 0100, 0103, 0104; “Upon detection of the occlusion (determination of an occlusion in the occlusion region 502), the vision tracking system 100 adjusts movement of the image capture device 120 to eliminate or minimize the occlusion. For example, in response to the vision tracking system 100 detecting an occlusion event, the image capture device 120 may be moved backward, stopped or decelerated to avoid or mitigate the effect of the occlusion.” Paragraph 0099; “Detection of occlusion events are determined upon analysis of captured image data.” Paragraph 0103; “At block 908, in response to occlusion events, position of the image capture device 120 is further adjusted to avoid or mitigate the effect of occlusion events.” Paragraph 0153) Habibi does not explicitly describe a control state as described below. However, Kubota teaches the control state as described below. the at least one environment setting item including at least one of “stop coolant”, “stop spindle rotation”, “move loader”, “move spindle to front of imaging device”, or “turn on light inside machine”; and (Kubota: “When a tool test is instructed by a measurement command or the like, the machine tool 100 stops machining of the workpiece. At this time, the machine tool 100 also stops injection of the coolant. Next, the spindle moves the tool 102 at a predetermined position (hereinafter referred to as a “standby position”) short of the tool recognition area 210 and rapidly rotates the tool 102 at the standby position.” Paragraph 0035; “After the cleaning rotation, the external cover 300 is opened and a tool is caused to enter the tool recognition area 210. The tool 102 inserted into the tool recognition area 210 is imaged with the camera 106 to check the tool shape.” Paragraph 0038; “The spindle 116 causes a tool 102 to enter the tool recognition area 210 also when a tool test is to be performed on the tool 102 that is in use or after use. Similarly at the time of new registration, the spindle 116 moves and rotates the tool 102 and the camera 106 automatically images the tool 102 from various positions and directions.” Paragraph 0046) in response to the at least one type of trigger being detected to adjust the imaging environment and the acquired determination result indicating to adjust the imaging environment, adjusting the imaging environment into the control state indicated by the at least one environment setting item. (Habibi: see the movement of the vision tracking system 100 including the image capture device 120 based on the signal from the vision tracking system 100 (i.e., trigger) and the occlusion detection (i.e., determination result) as illustrated in figures 1, 5A, 5B, 9 and as described in paragraphs 0152, 0153; “At block 908, in response to occlusion events, position of the image capture device 120 is further adjusted to avoid or mitigate the effect of occlusion events.” Paragraph 0153) (Kubota: “When a tool test is instructed by a measurement command or the like, the machine tool 100 stops machining of the workpiece. At this time, the machine tool 100 also stops injection of the coolant. Next, the spindle moves the tool 102 at a predetermined position (hereinafter referred to as a “standby position”) short of the tool recognition area 210 and rapidly rotates the tool 102 at the standby position.” Paragraph 0035; “After the cleaning rotation, the external cover 300 is opened and a tool is caused to enter the tool recognition area 210. The tool 102 inserted into the tool recognition area 210 is imaged with the camera 106 to check the tool shape.” Paragraph 0038; “The spindle 116 causes a tool 102 to enter the tool recognition area 210 also when a tool test is to be performed on the tool 102 that is in use or after use. Similarly at the time of new registration, the spindle 116 moves and rotates the tool 102 and the camera 106 automatically images the tool 102 from various positions and directions.” Paragraph 0046) Habibi and Kubota are combinable for the same rationale as set forth above with respect to claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2021/0255599 describes a machine tool operation monitoring system. U.S. Patent Application Publication No. 2016/0085232 describes a numerical control device to calculate an approach path. U.S. Patent No. 11,636,382 describes a robotic self programming visual inspection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E EVERETT whose telephone number is (571)272-2851. The examiner can normally be reached Monday-Friday 8:00 am to 5:00 pm (Pacific). 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, Robert Fennema can be reached at 571-272-2748. 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. /Christopher E. Everett/Primary Examiner, Art Unit 2117
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Prosecution Timeline

Oct 23, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection mailed — §103
Apr 26, 2026
Response Filed
May 21, 2026
Final Rejection mailed — §103
Jul 21, 2026
Response after Non-Final Action
Aug 17, 2026
Request for Continued Examination
Aug 18, 2026
Response after Non-Final Action
Oct 07, 2026
Non-Final Rejection mailed — §103 (current)

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