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 .
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 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.
DETAILED ACTION
Claims status
Claims 1-16 are pending as the applicant filed on 03/18/2024
Claim Rejections - 35 USC § 112
2a. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Applicant claim to detect a transparent object facing a light source to obtain an image information of the light pattern of the transparent object. If the object is transparent then one will not able to see any image information from the light pattern as all the light will pass through the object by an ordinary meaning of the term “transparent” (see definition of the term enclosed for an ordinary skill in the art).
2b. 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.
Claims 1-16 are 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 claims 1-16, the term “transparent” is vague and a relative term that renders the claim indefinite. The term “transparent” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “transparent” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “transparent” occurs.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-16 are rejected under 35 U.S.C. 101 because it is shown to be nonuseful or inoperative, then it necessarily fails to meet the how-to-use aspect of the enablement requirement of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph (see above rejection). As noted in In re Fouche, 439 F.2d 1237, 169 USPQ 429 (CCPA 1971), if "compositions are in fact useless, appellant’s specification cannot have taught how to use them." 439 F.2d at 1243, 169 USPQ at 434. The examiner should make both rejections (i.e., a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph and a rejection under 35 U.S.C. 101 ) where the subject related to detect a transparent object facing a light source to obtain an image information of the light pattern of the transparent object. If the object is transparent then one will not able to see any image information from the light pattern as all the light will pass through the object by an ordinary meaning of the term “transparent” (see definition of the term enclosed for an ordinary skill in the art).
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) 1-16 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by
ZHENG, CN 103262203 A, DATE PUBLISHED: 2013-08-21, CPC G02B 21/367
Regarding claim 1:
ZHENG described a three-dimension contour shape measuring system (0118, three-dimensional image), comprising: a light source configured to project a structured light pattern onto a transparent piece under test (0012, light illumination is measured, 0016, a transparent layer between the sensing surface and the sample surface. transparent layer can be part of optical detector. e-Petri device); a first image sensing unit, disposed at a side of the transparent piece under test opposite to a side of the transparent piece under test facing the light source (0073, light detector 160 has a sensing surface 162 and a thin transparent layer), and configured to obtain first image information of the structured light pattern on the transparent piece under test; a second image sensing unit, disposed at a side of the transparent piece under test opposite to a side of the transparent piece under test facing the light source, and configured to obtain second image information of the structured light pattern on the transparent piece under test (0075, a series of three LR projection image), wherein an included angle between an axis of the second image sensing unit facing the transparent piece under test and an axis of the first image sensing unit facing the transparent piece under test ranges from 20 degrees to 150 degrees (0077, plane of interest generated in the small range of illumination angles, 0080, display surface 119 can be inclined forming an angle with the normal position at this angle, fig. 10, 118 degree, 0202, angle of -60 degrees to + 60 degrees); and a processing unit electrically connected to the first image sensing unit and the second image sensing unit, wherein the processing unit comprises a memory unit and a computing unit, the memory unit is configured to store a correction parameter set, and the computing unit is configured to receive the first image information and the second image information and obtain three-dimensional information of a surface of the transparent piece under test through the correction parameter set (fig. 10, different view 1, 2, 3 different angle, fig. 11, computer processing, 0186, correct estimate of the sub-pixel displacement).
Regarding claim 9:
ZHENG described a three-dimension contour shape measuring system (0118, three-dimensional image), comprising: a display unit configured to project a structured light pattern onto a surface of a transparent piece under test; a first image sensing unit, disposed at a side of the transparent piece under test away from the display unit, and configured to obtain first image information of the structured light pattern on the transparent piece under test (0012, light illumination is measured, 0016, a transparent layer between the sensing surface and the sample surface. transparent layer can be part of optical detector. e-Petri device); a second image sensing unit, disposed near by the first image sensing unit, and configured to obtain second image information of the structured light pattern on the transparent piece under test, wherein an included angle between a central axis of the second image sensing unit and a central axis of the first image sensing unit ranges from 20 degrees to 150 degrees (0077, plane of interest generated in the small range of illumination angles, 0080, display surface 119 can be inclined forming an angle with the normal position at this angle, fig. 10, 118 degree, 0202, angle of -60 degrees to + 60 degrees); and a processing unit electrically connected to the first image sensing unit and the second image sensing unit, wherein the processing unit is configured to obtain three-dimensional information of the surface of the transparent piece under test by calculating with the first image information, the second image information, and a preset parameter (fig. 10, different view 1, 2, 3 different angle, fig. 11, computer processing, 0186, correct estimate of the sub-pixel displacement).
Regarding claims 2, 10, ZHENG further described a platform for disposing the transparent piece under test, wherein the platform is configured to move up and down along a vertical direction (fig. 15, vertical direction cell 1,2 ,3).
Regarding claims 3, 11, ZHENG further described a rotating device (0139, sequence of rotate ) and a linear moving device (0220, linearly).
Regarding claims 4, 12, ZHENG further described wherein the correction parameter set comprises a first correction parameter set and a second correction parameter set, the first correction parameter set comprises mapping parameters between spatial coordinates of character dots of a standard part and an images of the character dots obtained by the first image sensing unit and the second image sensing unit, and the second correction parameter set comprises mapping parameters between phase of the structured light pattern and the spatial coordinates of the character dots of the standard part and an image of the structured light pattern obtained by the first image sensing unit and the second image sensing unit (0186, correct estimate of the sub-pixel displacement of LR projection image and the sub-pixel shift depends on 150 distance of the sample between the light detector, 0077, plane of interest generated in the small range of illumination angles, 0080, display surface 119 can be inclined forming an angle with the normal position at this angle, fig. 10, 118 degree).
Regarding claims 5, 13, ZHENG further described incident angle of a structured light beam from the light source to the transparent piece under test ranges from 40 degrees to 80 degrees (0202, angle of -60 degrees to + 60 degrees).
Regarding claims 6, 14, ZHENG further described a circuit board and the memory unit and the computing unit are disposed on the circuit board (0071, second electronic communication 230).
Regarding claims 7, 15, ZHENG further described structured light pattern is of a gray code pattern (0079, gray scale).
Regarding claims 8, 16 ZHENG further described a position adjustment mechanism for adjusting a position of the light source (0125, controller and actuator for a desired precise position control stage, 0127).
Contact information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
June 30, 2026
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