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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation “corrector” is unclear. It is unclear because it is not defined by the specification. For the purpose of examination, examiner will read the claim limitation as calculation unit. See MPEP 2173.05(b)IV.
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, 7, 9, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sho et al (WO 2021080002 A1) in view of Shimizu (US 20110224936 A1).
Regarding claim 1, Sho discloses in figures 1-12 a surface temperature measuring apparatus (non-contact radiation thermometer) comprising: a radiation thermometer (1) that measures a surface temperature Tm (T) of a measurement range (measurement field Vf) larger than a measurement target region (Xa) of a measurement target (X), the radiation thermometer (1) detecting, by a sensor (11), an infrared ray radiated (ex: infrared rays emitted) from an object surface (X) of a specified measurement range (measurement field Vf) to measure a surface temperature (see Fig. 1) of an object (X); a second temperature measuring device (1’) that measures a surface temperature Tn (T1) of a region outside the measurement target region (see Figs.1-12) of the measurement target (Xa) but within the measurement range (measurement visual field Vf') of the surface temperature Tm (T) by the radiation thermometer (1); the region outside the measurement target region (Xa); the surface temperature Tm (T) measured by the radiation thermometer (1) using the surface temperature Tn (T1) measured by the second temperature measuring device (1’) into a surface temperature T (see Fig. 1) of the measurement target (Xa). Sho fails to explicitly disclose a region having an identical or substantially identical temperature; a corrector that corrects.
Shimizu teaches a region having an identical or substantially identical temperature (para [0111]); a corrector (calculation unit) that corrects.
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Sho’s radiation thermometer with Shimizu’s calculation unit because this will greatly improve the accuracy of the temperature reading.
Regarding claim 7, Sho discloses in figures 1-12 the surface temperature measuring apparatus (non-contact radiation thermometer), wherein the radiation thermometer (1) measures the surface temperature Tm (T) at an angle of 40 degrees or less (see Fig. 12) from a normal to a surface of the measurement target (Xa).
Regarding claim 9, Sho discloses in figures 1-12 a surface temperature measuring method (non-contact radiation thermometer) comprising measuring a surface temperature Tm (T) of a measurement range (measurement field Vf) larger than a measurement target region (Xa) on a surface of a measurement target (X) by a radiation thermometer (1) that detects, by a sensor (11), an infrared ray radiated (ex: infrared rays emitted) from an object surface (X) of a specified measurement range (measurement visual field Vf') to measure a surface temperature (T) of an object (X); measuring, by a second temperature measuring device (1’), a surface temperature Tn (T1) of a region outside (see figs. 1-12) the measurement target region (see figs. 1-12) of the measurement target (Xa) but within the measurement range (measurement field Vf) of the surface temperature Tm (T) by the radiation thermometer (1); the region outside the measurement target region; Tm (T) that is measured using the surface temperature Tn (T1) that is measured into a surface temperature T (T) of the measurement target (Xa).
Sho fails to explicitly disclose a region having an identical or substantially identical temperature; correcting the surface temperature.
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Sho’s radiation thermometer with a correction of surface temperature as taught by Shimizu’s because this will greatly improve the accuracy of the temperature reading.
Regarding claim 15, Sho discloses in figures 1-12 the surface temperature measuring method (non-contact radiation thermometer), wherein the radiation thermometer (1) measures the surface temperature Tm (T) at an angle of 40 degrees or less (See Fig. 12) from a normal to a surface of the measurement target (Xa).
Allowable Subject Matter
Claims 2-6, 8, 10-19 are objected to as being dependent upon a rejected claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claim.
Regarding claims 2-6, 8 and 10-16 the prior art alone or in combination fails to explicitly disclose the second temperature measuring device includes the radiation thermometer; a line sensor in which a plurality of pixels is arranged in a line; a sensor which includes an area sensor; a contact thermometer arranged in the measurement region of the surface temperature Tn; a plurality of surface temperatures measured in a plurality of different regions.
Regarding claims 16-19, the prior art alone or in combination fails to explicitly disclose an optical characteristic measuring apparatus that measures light generated from an optical characteristic measurement region on a surface of a measurement target; a region where a surface temperature is measured by a radiation thermometer of the surface temperature measuring apparatus is made of material having an emissivity of 0.8 or higher.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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/MIREILLE S SADATE-MOUALEU/ Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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