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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 06/08/26, with respect to Double Patenting have been fully considered and are persuasive. The rejection of claim 1 has been withdrawn.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2-4, 6-16 and 18-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cheng US 2017/0074522.
As to claim 2, Cheng teaches a scanning device comprising: an internal chamber; [abstract; figs. 1 (102); ¶ 0056-0057] an internal surface within the internal chamber configured to receive a material; [fig. 1 (110); ¶ 0056-0057] a camera configured to capture an image of the material, wherein the material is disposed within the internal chamber; [figs. 1 (118); ¶ 0056-0057; ¶ 0061-0063] and a display. [figs. 1 (122); ¶ 0062-0064; ¶ 0074]
As to claim 3, Cheng teaches the limitations of claim 1. Cheng teaches wherein the display comprises a touchscreen configured to receive a user input to control the camera. [figs. 1 (122); ¶ 0062-0064; ¶ 0074]
As to claim 4, Cheng teaches the limitations of claim 1. Cheng teaches further comprising a light source within the internal chamber configured to illuminate the material. [¶ 0070-0071]
As to claim 6, Cheng teaches the limitations of claim 1. Cheng teaches further comprising a wireless interface configured to communicate image data to a remote computer system. [¶ 0073; ¶ 0077-0080]
As to claim 7, Cheng teaches the limitations of claim 1. Cheng teaches wherein the display is configured to display the material within the internal chamber. [figs. 1 (122); ¶ 0062-0064; ¶ 0074]
As to claim 8, Cheng teaches the limitations of claim 1. Cheng teaches further comprising an openable member configured to provide access to the internal chamber and to block light from an external environment when closed. [abstract; figs. 1 (106); ¶ 0056-0057]
As to claim 9, Cheng teaches a scanning device comprising: an internal chamber; [abstract; figs. 1 (102); ¶ 0056-0057] an internal surface within the internal chamber configured to receive a material; [fig. 1 (110); ¶ 0056-0057] a camera configured to capture an image of the material, wherein the material is disposed within the internal chamber; [figs. 1 (118); ¶ 0056-0057; ¶ 0061-0063] and a wireless interface configured to communicate image data of the material to a remote system. [¶ 0073; ¶ 0077-0080]
As to claim 10, Cheng teaches the limitations of claim 9. Cheng teaches wherein the wireless interface is configured to connect to at least one of Wi-Fi, a cellular network, or Bluetooth. [¶ 0073; ¶ 0077-0080]
As to claim 11, Cheng teaches the limitations of claim 9. further comprising a display configured to display the material inside the internal chamber. [fig. 1 (122); ¶ 0062-0064; ¶ 0074]
As to claim 12, Cheng teaches the limitations of claim 11. Cheng teaches wherein the display comprises a touchscreen configured to receive user input to control the camera. [figs. 1; ¶ 0062-0064; ¶ 0074]
As to claim 13, Cheng teaches the limitations of claim 9. Cheng teaches further comprising a light source within the internal chamber configured to illuminate the material. [¶ 0070-0071]
As to claim 14, Cheng teaches the limitations of claim 9. Cheng teaches wherein the remote system is configured to determine an attribute of the material based on the image data. [figs. 19; ¶ 0061; ¶ 0077-0080]
As to claim 15, Cheng teaches the limitations of claim 14. Chen teaches wherein the attribute is at least one of authenticity, purity, or quality of the material. [¶ 0070; ¶ 0079; ¶ 0085-0087; ¶ 0181]
As to claim 16, Cheng teaches a scanning device comprising: an internal chamber; [abstract; figs. 1 (102); ¶ 0056-0057] an internal surface within the internal chamber configured to receive a material; [fig. 1 (110); ¶ 0056-0057] a camera configured to capture an image of the material, wherein the material is disposed within the internal chamber; [figs. 1 (118); ¶ 0056-0057; ¶ 0061-0063] and a wireless interface configured to communicate image data of the material to a remote system and to receive, from the remote system, information indicative of an attribute of the material. [¶ 0073; ¶ 0077-0080]
As to claim 18, Cheng teaches the limitations of claim 16. Cheng teaches further comprising a display configured to present at least one of the attribute of the material or the image of the material. [figs. 1 (122); ¶ 0062-0064; ¶ 0074]
As to claim 19, Cheng teaches the limitations of claim 16. Cheng teaches wherein the wireless interface is configured to connect to at least one of Wi-Fi, a cellular network, or Bluetooth. [¶ 0073; ¶ 0077-0080]
As to claim 20, Cheng teaches the limitations of claim 16. Cheng teaches further comprising a removable tray configured to hold the material on the internal surface. [¶ 0125]
As to claim 21, Cheng teaches the limitations of claim 16. Cheng teaches further comprising a processor configured to process the image of the material locally at the scanning device. [fig. 2; ¶ 0064-0067]
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over anticipated by Cheng US 2017/0074522 in view of Wolfe et al. US 2016/0364686.
As to claim 5, Cheng teaches the limitations of claim 1.
Chen does not explicitly teach wherein the internal surface is adjustable to change a focal distance between the camera and the internal surface.
Wolfe teaches wherein the internal surface is adjustable to change a focal distance between the camera and the internal surface. [¶ 0044]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Wolfe with the teachings of Chen allowing for improved image sharpness and depth range.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over anticipated by Cheng US 2017/0074522 in view of Denker et al. US 2018/0324908.
As to claim 17, Cheng teaches the limitations of claim 16.
Chen teaches a remote system configured to determine the attribute. [¶ 0070; ¶ 0079; ¶ 0085-0087; ¶ 0181] Chen does not explicitly teach determining the attribute using machine learning.
Denker teaches determining the attribute using machine learning. [¶ 0244]
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the techniques of Denker with the teachings of Chen allowing for improved adaptation, convenience, consistency and reliable outcomes.
Conclusion
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.
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/ANNER HOLDER/Primary Examiner, Art Unit 2483