DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on April 4, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
3. The disclosure is objected to because of the following informalities:
Para. [0029] recites "CPU”, “RAM”, and “ROM”. It appears that Applicant intends to describe “central-processing unit”, “random access memory”, and “read-only memory”, respectively, as known in the art. However, the specification does not expand the abbreviations CPU, RAM, and ROM on the first occurrence in the specification. Applicant is required to expand all abbreviations at first occurrence with its respective abbreviation.
Appropriate correction is required.
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.
4. Claim 9 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.
Claim 9 recites the limitation "an image" and "a chip" in lines 11 and lines 16, respectively. There is insufficient antecedent basis for this limitation in the claim. As written, it is unclear if the “image” and “chip” recited in claim 9 are separate entities from the “image” and “chip” recited in independent claim 1. For the purposes of examination, the examiner will interpret the “image” and “chip” of claim 9 to be the same entities recited in claim 1.
Claim Rejections - 35 USC § 102
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 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.
5. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishikawa (JP 7046292 B1; Nishikawa, S.; hereinafter "Nishikawa").
In regard to claims 1-9, Nishikawa discloses:
{claim 1} a method for measurement of a workpiece machined by a machine tool [workpiece on a machining mechanism utilizing a measurement section, page 2 para. 1], wherein the measurement of the workpiece is executed using a measurement device [on-machine measurement, abstract] including a probe [probe, page 3 paras. 2-3] and the measurement of the workpiece is executed by moving the probe into contact with the workpiece in a state where the workpiece is held by the machine tool [probe movement to contact a surface of a workpiece described at page 3 para. 2],
the method including:
an image capture step [step SA3, use of the foreign matter detection system 40, described at least in page 8 para. 8 - page 9 para. 3] of capturing an image of a portion to be measured of the workpiece with a camera [page 7 paras. 5-6 describes using imaging cameras 41 to take photos of the workpiece]; and
a determination step of processing the image captured with the camera and determining whether or not a chip is present on a movement path along which the probe is to be moved [imaging processing device 42 has image data acquisition section 42a and a detection processing section 42b (page 7 para. 7), the detection processing unit 42b determines whether there is foreign matter blocking the path of the measurement target (page 7 para. 9) such as chips (page 7 para. 4 describes foreign matter as chips)],
wherein the measurement of the workpiece using the probe is executed when no chip is present on the movement path of the probe in the determination step [page 6 paras. 2-3 describe avoiding measurement when foreign matter is detected - thus performing the measurement when no chips are present];
{claim 2} that the method further includes a removal step of [foreign matter removal operation, page 6 para. 4], when a chip is present on the movement path of the probe in the determination step, removing the chip from the movement path [page 9 paras. 2-3 describe an embodiment where the cleaning operation is performed before the determination step, and again after the determination step determines there is foreign matter];
the image capture step and the determination step are re-executed after the removal step is executed [page 9 para. 4 describes that the determination step is repeatedly re-executed until it is determined there is no foreign matter is present];
when no chip is present on the movement path of the probe in the re-executed determination step, dimension measurement of the workpiece using the probe is executed [page 9 para. 4]; and
when a chip is present on the movement path of the probe in the re-executed determination step, the measurement of the workpiece using the probe is halted [page 9 para. 2];
{claims 3 and 4} that the image capture step, a camera provided on a movable body of the machine tool is used and the camera is moved to an image capture position by the movable body to capture an image of the portion to be measured of the workpiece [page 11 para. 6 describes an embodiment where the imaging cameras 41 are not limited to a fixed object and may be configured on an automatic tool changer];
{claims 5 and 6} that the image capture step, a camera provided on a manipulator configured to attach and remove the workpiece to and from a workpiece holding unit of the machine tool is used and the camera is moved to an image capture position by operation of the manipulator to capture an image of the portion to be measured of the workpiece [page 11 para. 6 describes an embodiment where the imaging cameras 41 are not limited to a fixed object and may be configured on an automatic tool changer, an automatic tool changer is capable of removing and installing a workpiece to and from a workpiece holding unit];
{claims 7 and 8} that the manipulator is provided to be capable of autonomously traveling [an automatic tool changer is capable of autonomously traveling]; and
{claim 9} that the method further includes:
a step of moving an automatic working device to a working position set with respect to the machine tool [page 7 para. 5 describes moving the foreign matter detection system 40 onto the table 7], wherein the automatic working device includes a camera [page 7 para. 5 describes that the foreign matter detection system 40 includes image pickup cameras 41] and is configured to perform work on the machine tool [page 7 paras. 5-9 describe the work done to the machine tool (photos taken, images processed, etc.)] and the automatic working device is moved to the working position by issuing an instruction to the automatic working device from the machine tool or a management device managing the automatic working device [page 11 para. 6 describes that the image pickup camera 41 can be transported using an automatic tool changing mechanism, page 7 para. 1 describes the control device 20 controlling the overall operation of the machine tool 1 (to include the automatic tool changing mechanism)]; and
a cleaning step of cleaning the workpiece machined by the machine tool [cleaning operation performed by work cleaning device 30], wherein the workpiece is cleaned in the machine tool in the state where the workpiece is held by the machine tool [described at least in page 9 paras. 2-4];
in the image capture step, an image of the portion to be measured of the workpiece cleaned in the cleaning step is captured with the camera of the automatic working device by issuing an instruction to the automatic working device from the machine tool [page 9 para. 4 describes executing the foreign matter determination process before the cleaning operation, the foreign matter determination process uses an imaging camera 41 to capture an image of the area to be cleaned]; and
in the determination step, the image captured with the camera is processed in the management device or the automatic working device and it is determined whether or not a chip is present on the movement path along which the probe is to be moved [page 9 para. 4 describes determining if there is a foreign object (a chip) present on the piece].
In regard to claim 10, Nishikawa discloses a machine tool for machining a workpiece [machine tool for a workpiece, abstract], the machine tool including a controller [controller, page 2 para. 1] and being capable of, under control by the controller, measuring the workpiece after machining by moving a probe into contact with the workpiece while holding the workpiece [page 2 para. 1 describes the controller controlling operation of the measuring unit, page 4 para. 2 describes the measurement unit utilizing a probe on a held workpiece], wherein
the controller is configured to:
capture an image of a portion to be measured of the workpiece after machining with a camera provided on the machine tool by operating the camera [page 7 paras. 5-6 describes using imaging cameras 41 to take photos of the workpiece after machining], and issue an instruction for execution of a process of processing the captured image and determining whether or not a chip is present on a movement path along which the probe is to be moved [foreign matter detection system 40, described at least in page 8 para. 8 - page 9 para. 3, imaging processing device 42 has image data acquisition section 42a and a detection processing section 42b (page 7 para. 7), the detection processing unit 42b determines whether there is foreign matter blocking the path of the measurement target (page 7 para. 9) such as chips (page 7 para. 4 describes foreign matter as chips)]; or
cause a camera provided on an external device to capture an image of the portion to be measured of the workpiece after machining, and issue an instruction for execution of a process of processing the captured image and determining whether or not a chip is present on the movement path along which the probe is to be moved [“or” recited, other claim limitation met – however, page 11 para. 6 describes an embodiment where the imaging cameras 41 are not limited to a fixed object and may be configured on an automatic tool changer, that the image processing device 42 is configured as a separate body of the control device of the machine tool, and page. 7 para. 5 describes that the foreign matter detection system is separate from the machine tool]; and
when no chip is present on the movement path of the probe, measure the workpiece by moving the probe [page 6 paras. 2-3 describe avoiding measurement when foreign matter is detected - thus performing the measurement when no chips are present].
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited prior art pertains to automated measuring methods of machine tools, as well as apparatus(es) configured to image and manipulate a workpiece.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL QUINN whose telephone number is (571)272-2690. The examiner can normally be reached T-R 07:00-19:00, F 07:00-11:00.
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, JOHN BREENE can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL M QUINN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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