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 .
DETAILED ACTION
Response to Arguments
1. 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).
2. With respect to applicant’s remarks filed on 02/02/26 regarding rejected claims on pages 7-9, the examiner respectfully disagrees. Applicants argues “Shyu does not teach an optics device comprising a variable focus lens positioned to receive light magnified by the fixed lens, the optics device to focus at different focal depths by varying the variable focus lens, as claimed. Rather, Shyu explicitly teaches the opposite approach that uses a fixed focal length with mechanical platform movement to achieve different focal planes. Specifically, Shyu discloses that "by fixing the focal length and moving the platform 540 along the height axis direction of a hole, the light source can focus on the plurality of different heights of the hole." (Shyu, Paragraph [0025].) Thus, Shyu achieves focusing at different height planes not by varying a variable focus lens, but by "fixing the focal length" and mechanically "moving the platform."”.
First: There is no definition for wording “variable focus lens” in current specification. To the examiner’s point of view, wording “variable focus lens” can be interpreted broadly as a “variable focus lens” including a "fixing the focal length" and mechanically "moving the platform" to change the focal lens system.
Shyu teaches “the target 550 is placed on the platform 540. By fixing the focal length and moving the platform 540 along the height axis direction of a hole, the light source can focus on the plurality of different heights of the hole”. Therefore, the combination of the moving platform 540 and focus lens 512 is not different from a variable focus lens.
Second: Because there is no definition for wording “variable focus lens” in current specification, if the wording a “variable focus lens” has any specific definition, this definition must be disclosed in the specification in order to be considered. For example: variable focus lens is a compound lens assembly that can be manipulated to change the focal length. Variable focus is achieved by moving one or more lens relative to one or more additional lenses present in the lens assembly.
With the above definition, new reference of Hart et al (U.S. 2023/0190097) has been found. Hart taches the new amended limitation “each image in the series of images is associated with a different focal depth of the variable focus lens”, ([0040], lines 2-4; [0049], lines 6-11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to capture plurality of images by scanning through various focus positions of the lens to detect the depth of the object (Hart, [0040], lines 2-4; [0049], lines 6-11).
New reference of Imai (U.S. Pub. No. 2012/0200832) also teaches images be associated with a different focal depth of the variable focus lens, (claim 25, lines 2-5). New reference of Harman (U.S. Pat. No. 7,551,770) also teaches this limitation, (Column 14, lines 67; Column 15, lines 1-2). And new reference of Feldman (U.S. Pub. No 2007/0221821) also teaches this limitation, ([0004], lines 12-21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to focus at various focusing or object distances while providing a constant magnification image with no moving parts (Feldman, [0004], lines 12-21).
Grounds for the rejection of claims are provided below as necessitated by amendment.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
4. Claim(s) 1-2, 4, 8-11, 13, 17-20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Walton (Pat. No. 7,679,746) in view of Shyu et al. (U.S. Pub. No. 2014/0085640) or of Huang et al. (CN 110793968), further in view of Hart et al (U.S. 2023/0190097), or of Imai (U.S. Pub. No. 2012/0200832), or of Feldman (U.S. Pub. No 2007/0221821). Hereafter “Walton”, “Shyu”, “Huang”, “Hart”, “Imai”, “Feldman”. (Please see attached files for Huang’s reference in previous office action).
Regarding Claim(s) 1, 10, 20, Walton teaches a diffuser inspection system (figure 1) comprising:
a diffuser support frame to hold a diffuser in a vertical position (figure 5A, rollers holding perforated panel is not different from support frame to hold the diffuser); and
an optical inspection tool for inspection of the diffuser (figures 1, 5A-B, camera assembly is not different from an optical inspection tool. Diffuser is not different from perforated panel), the optical inspection tool comprising:
one or more illumination sources to illuminate an opening structure in the diffuser (figure 1, illumination source 114, perforated panel 116 is not different from the diffuser. Opening structure is not different from panel holes 117);
a video microscope unit (VMU) comprising a fixed lens to magnify light reflected from the opening structure (figure 1, lens 102. It is inherent that light ray 120 transmitted through holes 117 must include light reflected from the holes 117);
to receive light magnified by the fixed lens (figure 1, lens 102), and a camera positioned to receive light as magnified by the fixed lens of the VMU (figure 1, lens 102. Optical device with lens 102 is not different from a VMU).
However, Walton does not teach variable focus lens to focus at different focal depths by varying the variable focus lens; and focused by the different focal depths of the variable focus lens to capture a series of images of the opening structure in the diffuser, wherein each image in the series of images is associated with a different focal depth of the variable focus lens. Shyu teaches to focus at different focal depths by varying the variable focus lens; and focused by the different focal depths of the variable focus lens to capture a series of images of the opening structure in the diffuser, (Abstract, [0007-0008, 0021-0023, 0029]; Figures 1, 2, 5. Shyu teaches “the target 550 is placed on the platform 540. By fixing the focal length and moving the platform 540 along the height axis direction of a hole, the light source can focus on the plurality of different heights of the hole”. The combination of the moving platform 540 and focus lens 512 is not different from a variable focus lens. In the other words, Shyu has taught variable focus lens. Please see the explanation in paragraph 2 above). It is inherent that in order to focus and image light beam at different height planes PZ1-4 at different lengths D1-4, the system of figure 5 must contain a variable focus lens 512, 513 or the same lens.
Huang also teaches a variable focus lens, the optics device to focus at different focal depths by varying the variable focus lens; and focused by the different focal depths of the variable focus lens to capture a series of images of the opening structure in the diffuser, (page 7, lines 6-10; Figures 1, 3, 5. It is inherent that lens 22 must be a variable focus in order to take appropriate focal length H between 60mm and 5mm for obtaining the clear image of the hole structure P1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton by having lens for focusing at different focal depths in order to focus light beam along a height axis direction of the hole, and capturing a plurality of images scattered by the plurality of different height planes for inspection (Shyu, Abstract, [0007-0008, 0021-0022, 0029]).
Because there is no definition for wording “variable focus lens” in current specification. Therefore, if the wording a “variable focus lens” has any specific definition, this definition must be disclosed in the specification in order to be considered. For example: variable focus lens is a compound lens assembly that can be manipulated to change the focal length. Variable focus is achieved by moving one or more lens relative to one or more additional lenses present in the lens assembly, (please see the explanation in paragraph 2 above).
With the above definition, Hart taches the new amended limitation “each image in the series of images is associated with a different focal depth of the variable focus lens”, ([0040], lines 2-4; [0049], lines 6-11). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to capture plurality of images by scanning through various focus positions of the lens to detect the depth of the object (Hart, [0040], lines 2-4; [0049], lines 6-11).
New reference of Imai (U.S. Pub. No. 2012/0200832) also teaches images be associated with a different focal depth of the variable focus lens, (claim 25, lines 2-5). New reference of Harman (U.S. Pat. No. 7,551,770) also teaches this limitation, (Column 14, lines 67; Column 15, lines 1-2). And new reference of Feldman (U.S. Pub. No 2007/0221821) also teaches this limitation, ([0004], lines 12-21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to focus at various focusing or object distances while providing a constant magnification image with no moving parts (Feldman, [0004], lines 12-21).
Regarding Claim(s) 2, 11, Walton teaches the opening structure is one of a plurality of opening structures in the diffuser, wherein each of the plurality of opening structures passes through a diffuser body from a front side of the diffuser body to a back side of the diffuser body (figure 1, holes 117 of perforated panel is not different from a plurality of opening structures).
Regarding Claim(s) 4, 13, Walton teaches all the limitations of claim 1 as stated above except for CMOS image sensor. Huang teaches CMOS image sensor, (page 5, lines 10-26). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton by having Walton in order to obtain image of the hole structure (Huang, page 5, lines 10-26).
Regarding Claim(s) 8, 17, Walton teaches at least a portion of the optical inspection tool is mounted on a motion controlled platform to align the portion of the optical inspection tool with each of the plurality of opening structures in the diffuser over a period of time (figures 1, 5A, perforated panel 116 is mounted on rollers and moved in direction of arrow 112).
Regarding Claim(s) 9, 18, Walton teaches a processing system coupled to the camera, the processing system to analyze the series of images to determine whether a defect is present in the opening structure of the diffuser (figure 1, controller 103, camera 101; Column 5, lines 39-45; Column 6, lines 15-20).
Regarding Claim(s) 19, Walton teaches a method comprising:
aligning an optical inspection tool with each of a plurality of opening structures in a diffuser over a period of time (figures 1, 5A, aligning perforated panel 116 on rollers for inspection over a period of time, a plurality of opening structures 117);
capturing a respective series of images of each of the plurality of opening structures in the diffuser (figure 2A, step 204A); and
analyzing each respective series of images to determine whether a defect is present in each corresponding opening structure in the diffuser (figure 2A, step 212A; figure 1, controller 103, camera 101; Column 5, lines 39-45; Column 6, lines 15-20).
However, Walton does not teach wherein each image in the series of images is associated with a different focal depth of the variable focus lens. Shyu teaches an optics device comprising a variable focus lens, the optics device to focus at different focal depths by varying the variable focus lens; and focused by the different focal depths of the variable focus lens to capture a series of images of the opening structure in the diffuser, (Abstract, [0007-0008, 0021-0023, 0029]; Figures 1, 2, 5. It is inherent that in order to focus and image light beam at different height planes PZ1-4 at different lengths D1-4, the system of figure 5 must contain a variable focus lens 512, 513 or the same lens. Shyu teaches “the target 550 is placed on the platform 540. By fixing the focal length and moving the platform 540 along the height axis direction of a hole, the light source can focus on the plurality of different heights of the hole”. To the examiner point of view, the combination of the moving platform 540 and focus lens 512 is not different from a variable focus lens. Please see the explanation in paragraph 2 above).
Huang also teaches a variable focus lens, the optics device to focus at different focal depths by varying the variable focus lens; and focused by the different focal depths of the variable focus lens to capture a series of images of the opening structure in the diffuser, (page 7, lines 6-10; Figures 1, 3, 5. It is inherent that lens 22 must be a variable focus in order to take appropriate focal length H between 60mm and 5mm for obtaining the clear image of the hole structure P1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton by having lens for focusing at different focal depths in order to focus light beam along a height axis direction of the hole, and capturing a plurality of images scattered by the plurality of different height planes for inspection (Shyu, Abstract, [0007-0008, 0021-0022, 0029]).
In another point of view that is a variable focus lens could be interpreted as a compound lens assembly that can be manipulated to change the focal length. Variable focus is achieved by moving one or more lens relative to one or more additional lenses present in the lens assembly. However, this limitation must be added into specification in order to be considered. Even with this new interpretation, that is a variable focus lens could be interpreted as a compound lens assembly that can be manipulated to change the focal length. Variable focus is achieved by moving one or more lens relative to one or more additional lenses present in the lens assembly, new reference of Hart teaches the new amended limitation “each image in the series of images is associated with a different focal depth of the variable focus lens”, ([0040], lines 2-4; [0049], lines 6-11. Please see the explanation in paragraph 2 above). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to capture plurality of images by scanning through various focus positions of the lens to detect the depth of the object (Hart, [0040], lines 2-4; [0049], lines 6-11).
Further, new reference of Imai (U.S. Pub. No. 2012/0200832) also teaches images be associated with a different focal depth of the variable focus lens, (claim 25, lines 2-5). New reference of Harman (U.S. Pat. No. 7,551,770) also teaches this limitation, (Column 14, lines 67; Column 15, lines 1-2). New reference of Feldman (U.S. Pub. No 2007/0221821) also teaches this limitation, ([0004], lines 12-21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton and Shyu by having each image in the series of images is associated with a different focal depth of the variable focus lens in order to focus at various focusing or object distances while providing a constant magnification image with no moving parts (Feldman, [0004], lines 12-21).
5. Claim(s) 5, 14, is/are rejected under 35 U.S.C. 103 as being unpatentable over Walton (Pat. No. 7,679,746) in view of Shyu et al. (U.S. Pub. No. 2014/0085640) or of Huang et al. (CN 110793968), further in view of Hart et al (U.S. 2023/0190097), or of Imai (U.S. Pub. No. 2012/0200832), or of Feldman (U.S. Pub. No 2007/0221821), and further in view of Hamada et al. (U.S. Pat. No. 4,989,958). Hereafter “Walton”, “Shyu”, “Huang”, “Hart”, “Imai”, “Feldman”, “Hamada”. (Please see attached files for Huang’s reference in previous office action).
Regarding Claim(s) 5, 14, Walton, Shyu, Huang, Hart, Imai, Feldman, teach all the limitations of claim 1 or claim 10 as stated above except for a cylindrical piezo component surrounding a chamber of liquid. Hamada teaches a cylindrical piezo component surrounding a chamber of liquid, (column 1, lines 44-51). It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to modify Walton, Shyu, Huang, Hart, Imai, Feldman, by having a cylindrical piezo component surrounding a chamber of liquid in order to implement adjust focus easily (Hamada, column 1, lines 44-51).
Allowable Subject Matter
6. Claims 3, 6-7, 12, 15-16, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
7. The allowable Subject matter was indicated in office Action mailed on 10/01/25.
Conclusion
8. 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 extension fee 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 date of this final action.
Fax/Telephone Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI T TON whose telephone number is (571)272-9064. The examiner can normally be reached on 8am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached on (571)270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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February 16, 2026
/Tri T Ton/
Primary Examiner Art Unit 2877