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 Claims
Claims 1-17 are currently pending in application 18/598,572.
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.
Claims 1-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Christoph et al. (US 9,503,658 B2) in view of Weikert (US 2020/0189113 A1).
As per independent Claims 1, 14, and 17, Christoph discloses a measuring apparatus for determination of a measurement value on an object (A method for determination of a measurement value (W) on an object (11)) (A computer-readable program product for a measuring apparatus (10), the computer-readable program product comprising a storage medium storing commands, which cause the measuring apparatus (10) to carry out the following method when the commands are executed by a control device of the measuring apparatus (10)) (See at least Figs. 14 and 16; C10L64-C11L7; C14L62-C15L36) comprising:
a sensor unit that comprises a sensor element which is configured to produce a sensor signal for each of a plurality of measurement points on the object arranged adjacent to one another in a positioning direction (See at least Fig. 13; C14L27-61);
a positioning device (positioning axle) comprising a slide on which the object or the sensor unit is arranged and which is configured to be moved along a guide in the positioning direction (See at least Figs. 14 and 16; C14L62-C15L36), wherein the positioning device is configured to position the slide at multiple different measuring positions (See at least Figs. 2-3, 9-12, 14, and 16; C12L58-C14L2, C14L62-C15L36); and
a control device, which is communicatively connected with the sensor unit and configured to receive sensor signals, wherein the control device is configured to assign the sensor signals to assigned measurement points on the object (See at least Figs. 2-3, 9-12, 14, and 16; C12L58-C14L2; C14L62-C15L36, Coordination measurement apparatus) and to receive one sensor signal for at least one measurement point respectively in at least two different measuring positions of the multiple different measuring positions of the slide (See at least Figs. 2-3, 9-12, 14, and 16; C12L58-C14L2, C14L62-C15L36); and
wherein the control device is configured to determine a measurement value (See at least C2L18-52; See also Figs. 2-3, 9-12, 14, and 16; C12L58-C14L2, C14L62-C15L36).
While Christoph discloses a measuring device that uses several different measuring positions to captured images of a measuring point of an object in order to display and evaluate the contours to be measured more sharply and, in particular, cleaned of artifacts due to motion blur. In this process, the images of the object taken in the different measurement positions are superimposed in a global common coordinate system according to the position data provided by the positioning device of the coordinate system, by adjusting the respective images according to their respective characteristics. position deviation to the other images. However, Christoph fails to expressly disclose wherein the control device is configured to determine a measurement value (W) for at least one of the measurement points of the plurality of measurement points on the object based on a predefined positioning characteristic characterizing a periodic position deviation of the positioning device and based on the sensor signals for the at least one of the measurement points that are measured in the at least two different measurement positions (Zj) of the slide.
However, the analogous art of Weikert (US 2020/0189113 A1) discloses wherein the control device is configured to determine a measurement value (W) for at least one of the measurement points of the plurality of measurement points on the object based on a predefined positioning characteristic characterizing a periodic position deviation of the positioning device and based on the sensor signals for the at least one of the measurement points that are measured in the at least two different measurement positions (Zj) of the slide (See at least Figs. 10-12; Para 0073, “The axis guide components have a straightness deviation, typically a vertical and a lateral straightness deviation which is measurable using suitable measuring equipment. The guideway rails have a straightness error which can be observed for instance by mounting the rail on a reference surface and measuring the height variation at the carriage while moving the carriage along the rail, or by mounting the carriage on a fixed base and moving the rail and measuring the height variation at the rail, or by measuring the vertical straightness of the individual ball track along the rail.”; See also Para 0029; Para 0065, and Para 0087).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to have included wherein the control device is configured to determine a measurement value (W) for at least one of the measurement points of the plurality of measurement points on the object based on a predefined positioning characteristic characterizing a periodic position deviation of the positioning device and based on the sensor signals for the at least one of the measurement points that are measured in the at least two different measurement positions (Zj) of the slide, as disclosed by Weikert in the system disclosed by Christoph, for the advantage of providing a measuring apparatus/ method for determination of a measurement value on an object, with the ability to increase the effectiveness and quality of the measuring apparatus/ method by incorporating a variety of error correction models and methodologies (See KSR [127 S Ct. at 1739] “The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
As per Claim 2, Christoph and Weikert disclose wherein the object is a workpiece, a reference standard, or an additional slide of an additional positioning device (Christoph: See at least Fig.2).
As per Claim 3, Christoph and Weikert disclose wherein the sensor element is a matrix camera (Christoph: See at least Figs. 13-14, and 16; C14L27-33; C14L62-66).
As per Claim 4, Christoph and Weikert disclose wherein the control device is configured to determine the predefined positioning characteristic of the positioning device in the positioning direction using a reference standard as the object or based on at least one construction parameter of the positioning device (Weikert: Fig.2).
As per Claim 5, Christoph and Weikert disclose wherein the sensor unit comprises a transmitted light illumination, which is distanced in a light emission direction from the sensor element (Christoph: C8L53-C9L11).
As per Claim 6 (5), Christoph and Weikert disclose wherein the light emission direction is oriented obliquely or orthogonally relative to the positioning direction (Christoph: C8L53-C9L11, C9L45-62, C10L47-63).
As per Claim 7, Christoph and Weikert disclose wherein the control device is configured to predefine a parameter describing a wavelength as the predefined positioning characteristic (Weikert – Para 0007, Para 0081).
As per Claim 8 (7), Christoph and Weikert disclose wherein the control device is configured to determine the measurement value for one measurement point respectively by means of averaging the sensor signals of the different measuring positions for the one measurement point based on the parameter (Christoph: See at least C5L37-44).
As per Claim 9, Christoph and Weikert disclose wherein the positioning device comprises a rolling body arrangement having a plurality of rolling bodies which are configured to circulate in a rolling body track during movement of the slide along the guide (Weikert: Fig.13, Para 0094).
As per Claim 10 (9), Christoph and Weikert disclose wherein the predefined positioning characteristic depends on at least one parameter of the rolling body arrangement (Weikert: Fig.13, Para 0094).
As per Claim 11 (10), Christoph and Weikert disclose wherein the at least one parameter of the rolling body arrangement is a dimension of one of the plurality of rolling bodies of the rolling body arrangement and/or a distance between adjacent ones of the plurality of rolling bodies of the rolling body arrangement (Weikert: Fig.13, Para 0094).
As per Claim 12, Christoph and Weikert disclose wherein the control device (19) and/or the positioning device is configured to position the slide during a measurement in the multiple different measuring positions in the positioning direction without direction reversal (Christoph: See at least Figs.14 and 16; C14L62-C15L36).
As per Claim 13, Christoph and Weikert disclose wherein the positioning device comprises a position sensor configured to detect the position of the slide in the positioning direction (Z) relative to the guide and to transmit the position to the control device (Christoph: C3L6-9; C11L33-38).
As per Claim 15, Christoph and Weikert disclose forming an average of multiple sensor signals of the same measurement point for determination of the predefined periodic positioning characteristic during movement of the slide in a target position (Christoph: See at least C2L18-52).
As per Claim 16, Christoph and Weikert disclose determining a temporal or local correction factor as the predefined periodic positioning characteristic for the target position based on the average of the multiple sensor signals of the same measurement point and based on one single sensor signal of the same measurement point in the target position (Christoph: See at least C2L18-52).
Response to Arguments
Applicant's arguments filed on 8/24/2026, with respect to Claims 1-17, have been considered but are moot in view of the new ground(s) of rejection.
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.
The Applicant’s arguments are addressed in the rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of References Cited. The Examiner suggests the applicant review all of these documents before submitting any amendments.
Grupp et al. (US 2005/0102118 A1) – Discloses a method for correcting errors in a coordinate measuring machine having a measuring head which is adapted to move in at least two different spatial directions. Measuring scales and measuring lines are assigned to each spatial direction. The measuring lines of different spatial directions intersect, and correction values are determined along the measuring lines at predetermined values of the scales in order to correct for elastic and/or geometric errors of the scales and/or of the guiding mechanism for moving the measuring head.
Schwenke et al. (Schwenke H., Knapp W., Haitjema H., Weckenmann A., Schmitt R., Delbressine F., “Geometric error measurement and compensation of machines—An update”, Annals of the CIRP 57(2), pp. 660-675. 2008.) – Discloses a method system for the geometric error measurement and compensation of machines. Sited by Weikert (US 2020/0189113 A1) - Para 0005.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN P OUELLETTE whose telephone number is (571)272-6807. The examiner can normally be reached on M-F 8am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda C Jasmin, can be reached at telephone number (571) 272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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September 28, 2026
/JONATHAN P OUELLETTE/Primary Examiner, Art Unit 3629
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