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 with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on all the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The newly added limitations are taught by Stewart.
Claim Rejections - 35 USC § 103
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) 1,9, 12, 13, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230062938 A1 to Murphy et al. (“Murphy”) and US 20210192295 A1 to Stewart et al. (“Stewart”).
As to claim 1, Murphy teaches an infrared imaging system (¶0020-0023), comprising: a detector configured to detect wavelengths in a first infrared wavelength band and a second infrared wavelength band, shorter than the first infrared wavelength band, (¶0021, System 100 includes at least one hyperspectral camera 112a and at least one spectroscopy sensor integrated to collectively capture multiple spectral features of materials or objects, such as plastics, including dark or black plastics. The at least one spectroscopy sensor may be configured to capture signals from across a wide range of the electromagnetic energy spectrum (from X-Rays through THz/mm wavelengths—sensor fusion). System 100 may also include a second hyperspectral camera 112b and a second spectroscopy sensor. Hyperspectral camera 112a may be sensitive to a specific wavelength range. Hyperspectral camera 112b may be sensitive to a wavelength range different from hyperspectral camera 112a. Wavelength ranges include short-wavelength infrared (SWIR), middle-wavelength infrared (MWIR), near infrared (NIR), X-ray fluorescence, X-ray diffraction (XRD), millimeter-wave, and Fourier-transform infrared (FTIR). System 100 may include additional hyperspectral cameras. For example, system 100 may include a total of at least 3, 4, 5, or more hyperspectral cameras); a light source configured to output light in the second infrared wavelength band to an object emitting light in the first infrared wavelength band (¶0022, Light source 116a and light source 116b may illuminate samples in waste stream 108. Light source 116a may provide wavelengths to which hyperspectral camera 112a is sensitive. Light source 116b may provide wavelengths to which hyperspectral camera 112b is sensitive. For example, a light source may be a collection of high intensity halogen lights, which produce SWIR. In some embodiments, a light source may be one or more electric filament-based heaters with gold-plated reflectors, which produce MWIR. In some embodiments, a light source may be one or more light-emitting diodes (LEDs) that emit wavelengths in one or more of the wavelength ranges described herein. System 100 may include as many light sources as hyperspectral cameras, with a separate light source providing wavelengths suited for each hyperspectral camera); and an identify circuit configured to identify the object based on spectral characteristics of light emitted from the object in the first infrared wavelength band and reflected returned from the object in the second infrared wavelength band detected by the detector (¶0046, Fig. 3, The feature extraction module 350 processes the image 315, including segmenting the image to identify portions of the image 315 that represent the different objects in the sample 101 (e.g., the different bottles rather than background), and more specifically to identify portions of the image 315 that show a particular type of region (e.g., a region of PET versus PE; a contaminated region versus a clean region, etc.). Using the selected subset of segmented regions, the module 350 determines values for each of a predetermined set of features. The features can correspond to different spectral bands that have been selected for use in predicting the chemical property or properties of interest. In other words, data for different combinations of bands can be used to provide input to different models 370. In addition, the data for those bands can be taken from the specific segmented region(s) relevant to the model, e.g., using segmented regions of contamination only to generate input features for the models trained to predict contaminant concentration. For example, the features may be average intensity for each of a subset of spectral bands in the image 315. When data for other spectroscopic techniques is obtained, feature values for these spectroscopic results can also be generated and provided as input to the models 370 to generate estimates of chemical content. As a result, a set of feature values is determined for the image 315, with each feature value representing an average intensity value for a different spectral band (which may be an augmented band) in a predetermined set of spectral bands, where the averages are determined over the segmented regions identified as the region type corresponding to the model. The predetermined set of spectral bands can be the same set of spectral bands for which information was provided to the respective models 370 during training). Murphy does not fully teach wherein the second infrared wavelength band is an extended short wavelength infrared band. Stewart teaches wherein the second infrared wavelength band is an extended short wavelength infrared band and object based on a relationship between spectral characteristics of light emitted from the object in the first infrared wavelength band and spectral characteristics of light reflected (¶0036, variety of different illumination sources and combinations thereof. The illumination source is not limited and can be any source that is useful in providing the necessary illumination while meeting other ancillary requirements, such as power consumption, emitted spectra, packaging, thermal output, and so forth. In some embodiments, the illumination source is an incandescent lamp, halogen lamp, light emitting diode (LED), quantum cascade laser, quantum dot laser, external cavity laser, chemical laser, solid state laser, supercontinuum laser, organic light emitting diode (OLED), electroluminescent device, fluorescent light, gas discharge lamp, metal halide lamp, xenon arc lamp, induction lamp, or any combination of these illumination sources. In some embodiments, the illumination source is a tunable illumination source, which means that the illumination source is monochromatic and can be selected to be within any desired wavelength range. The selected wavelength of the tunable illumination source is not limited and can be any passband within the X-ray, extreme ultraviolet (EUV), ultraviolet (UV), visible (VIS), near infrared (NIR), visible-near infrared (VIS-NIR), shortwave infrared (SWIR), extended shortwave infrared (eSWIR), near infrared-extended shortwave infrared (NIR-eSWIR), mid-wave infrared (MIR), and long-wave infrared (LWIR) ranges). In view of the teachings of Stewart, it would have been obvious before the effective filing date of the invention to modify the teachings of Murphy. The suggestion/motivation would be a system can be configured to receive two or more images captured using different imaging modalities, create a score image from one of the captured images, fuse the second image and the score image together, identify the target within the score image or the fused image, register the received images together, and overlay the detected target on the first image.
As to claim 9, Murphy and Stewart teaches the infrared imaging system of claim 1, wherein the light source is further configured to output light in the first infrared wavelength band based on the identity of the object (Murphy, ¶0022, Light source 116a and light source 116b may illuminate samples in waste stream 108. Light source 116a may provide wavelengths to which hyperspectral camera 112a is sensitive. Light source 116b may provide wavelengths to which hyperspectral camera 112b is sensitive. For example, a light source may be a collection of high intensity halogen lights, which produce SWIR. In some embodiments, a light source may be one or more electric filament-based heaters with gold-plated reflectors, which produce MWIR. In some embodiments, a light source may be one or more light-emitting diodes (LEDs) that emit wavelengths in one or more of the wavelength ranges described herein. System 100 may include as many light sources as hyperspectral cameras, with a separate light source providing wavelengths suited for each hyperspectral camera.).
As to claim 12, see the rejection of claim 1.
As to claim 13, Murphy and Stewart teaches the method of claim 12, wherein the second infrared wavelength band is an extended short wavelength infrared band (¶0021, System 100 includes at least one hyperspectral camera 112a and at least one spectroscopy sensor integrated to collectively capture multiple spectral features of materials or objects, such as plastics, including dark or black plastics. The at least one spectroscopy sensor may be configured to capture signals from across a wide range of the electromagnetic energy spectrum (from X-Rays through THz/mm wavelengths—sensor fusion). System 100 may also include a second hyperspectral camera 112b and a second spectroscopy sensor. Hyperspectral camera 112a may be sensitive to a specific wavelength range. Hyperspectral camera 112b may be sensitive to a wavelength range different from hyperspectral camera 112a. Wavelength ranges include short-wavelength infrared (SWIR), middle-wavelength infrared (MWIR), near infrared (NIR), X-ray fluorescence, X-ray diffraction (XRD), millimeter-wave, and Fourier-transform infrared (FTIR). System 100 may include additional hyperspectral cameras. For example, system 100 may include a total of at least 3, 4, 5, or more hyperspectral cameras, (¶0036, variety of different illumination sources and combinations thereof. The illumination source is not limited and can be any source that is useful in providing the necessary illumination while meeting other ancillary requirements, such as power consumption, emitted spectra, packaging, thermal output, and so forth. In some embodiments, the illumination source is an incandescent lamp, halogen lamp, light emitting diode (LED), quantum cascade laser, quantum dot laser, external cavity laser, chemical laser, solid state laser, supercontinuum laser, organic light emitting diode (OLED), electroluminescent device, fluorescent light, gas discharge lamp, metal halide lamp, xenon arc lamp, induction lamp, or any combination of these illumination sources. In some embodiments, the illumination source is a tunable illumination source, which means that the illumination source is monochromatic and can be selected to be within any desired wavelength range. The selected wavelength of the tunable illumination source is not limited and can be any passband within the X-ray, extreme ultraviolet (EUV), ultraviolet (UV), visible (VIS), near infrared (NIR), visible-near infrared (VIS-NIR), shortwave infrared (SWIR), extended shortwave infrared (eSWIR), near infrared-extended shortwave infrared (NIR-eSWIR), mid-wave infrared (MIR), and long-wave infrared (LWIR) ranges).
As to claim 18, Murphy and Stewart teaches the infrared imaging system of claim 1, wherein the identify circuit is configured to determine whether an amount of light reflected by the object in the second infrared wavelength band exceeds a threshold, and to identify the object based on whether the threshold is exceeded (¶0058, resulting fusion score image or probability image shows enhanced contrast for the target in which a higher pixel intensity corresponds to higher likelihood that the pixel belongs to the target. Similarly, a low pixel intensity corresponds to a low likelihood that the pixel belongs to the target. Detection algorithms utilizing various computer vision and machine learning methods, such as adaptive thresholding and active contours, are applied to the fusion score image to detect the target and find the boundary of the target).
As to claim 19, Murphy and Stewart teaches the infrared imaging system of claim 1, wherein the identify circuit is configured to identify the object based on an absorption of light in the second infrared wavelength band by the object that increases light emitted by the object in the first infrared wavelength band (¶0061, ¶0065).
As to claim 20, Murphy and Stewart teaches the infrared imaging system of claim 1, wherein the object has a surface coating having a distinctive spectral signature in the second infrared wavelength band that is not visually apparent (¶0059, a score image is not generated using the above equations. Instead, detection or segmentation algorithms are utilized with all N images. Such techniques require multispectral methods where multiple images are assembled into a hypercube. The hypercube has N images and can include any combination of one or more of UV, RGB, VIS-NIR, SWIR, Raman, NIR-eSWIR, or eSWIR. In such embodiments, a score image is not generated).
Claim(s) 2, 3, 6, 10 ,11, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy and Stewart and further in view of US 8761594 B1 to Gross et al. (“Gross”).
As to claim 2, Murphy and Stewart teaches the infrared imaging system of claim 1, Murphy does not teach wherein the light source illuminates an entire field of view being imaged by the detector with the second infrared wavelength band. Gross teaches wherein the light source illuminates an entire field of view being imaged by the detector with the second infrared wavelength band (Gross, Col. 14 lines 43-45] Entire FOV of the camera is illuminated by the illumination array). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 3, Murphy and Stewart teaches the infrared imaging system of claim 1, Murphy and Stewart does not teach further comprising a scanner to scan light output by the light source to illuminate a portion of the object being imaged by the detector. Gross teaches further comprising a scanner to scan light output by the light source to illuminate a portion of the object being imaged by the detector (Gross, Fig. 12, Digital controller (1232) controls light emitting elements corresponding to the object). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 6, Murphy and Stewart teaches the infrared imaging system of claim 1, Murphy and Stewart does not teach wherein the identify circuit is configured to identify the object based on an intensity of specific light in the second infrared wavelength band. Gross teaches wherein the identify circuit is configured to identify the object based on an intensity of specific light in the second infrared wavelength band (Gross, Fig. 5A-5B). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 10, Murphy and Stewart teaches the infrared imaging system of claim 9, Murphy and Stewart does not teach wherein the light source illuminates an entire field of view being imaged by the detector with the first infrared wavelength band. Gross teaches wherein the light source illuminates an entire field of view being imaged by the detector with the first infrared wavelength band(Gross, Col. 14 lines 43-45] Entire FOV of the camera is illuminated by the illumination array). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 11, Murphy and Stewart teaches the infrared imaging system of claim 10, Murphy and Stewart does not teach wherein the light source illuminates less than the entire field of view being imaged by the detector with the first infrared wavelength band. Gross teaches wherein the light source illuminates less than the entire field of view being imaged by the detector with the first infrared wavelength band (Gross, Fig. 2). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 15, see the rejection of claim 2.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy, Stewart and Gross as applied to claim 3 above, and further in view of US 20250005308 A1 Kozicki.
As to claim 4, Murphy, Stewart and Gross teaches the infrared imaging system of claim 3, Murphy, Stewart and Gross does not teach wherein the scanner is to scan the light output by the light source to illuminate an entirety of the object simultaneously. Kozicki teaches wherein the scanner is to scan the light output by the light source to illuminate an entirety of the object simultaneously (Kozicki, ¶0167, Flood illumination). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy, Stewart and Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 5, Murphy, Stewart and Gross teaches the infrared imaging system of claim 3, Murphy, Stewart and Gross does not teach wherein the scanner is to scan the light output by the light source to illuminate subsets of the object sequentially. Kozicki teaches wherein the scanner is to scan the light output by the light source to illuminate subsets of the object sequentially (Kozicki, ¶0164-0165, Sequential illumination). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy, Stewart and Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy and Stewart as applied to claim 3 above, and further in view of US 11041693 B2 to Houde.
As to claim 7, Murphy and Stewart teaches the infrared imaging system of claim 1, Murphy and Stewart does not teach wherein the identify circuit is configured to identify the object based on an intensity of specific light in the first infrared wavelength band. Houde teaches wherein the identify circuit is configured to identify the object based on an intensity of specific light in the first infrared wavelength band (Houde, ¶0053-0054). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add Houde. The suggestion/motivation would be in order to include obvious illumination components such that illumination is emitted at a desired frequency.
As to claim 8, Murphy and Stewart teaches the infrared imaging system of claim 1, Murphy and Stewart does not teach further comprising a control circuit configured to control the light source to output a selected wavelength in the second infrared wavelength band. Houde teaches further comprising a control circuit configured to control the light source to output a selected wavelength in the second infrared wavelength band (¶0048-0049). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add Houde. The suggestion/motivation would be in order to include obvious illumination components such that illumination is emitted at a desired frequency
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy and Stewart as applied to claim 13 above, and further in view of US 20180091746 A1 to Benser.
As to claim 14, Murphy and Stewart teaches the method of claim 13, Murphy and Stewart does not teach wherein the first infrared wavelength band is a long wave infrared wavelength band. Benser teaches wherein the first infrared wavelength band is a long wave infrared wavelength band (¶0014, LWIR). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy and Stewart to add the teachings of Benser. The suggestion/motivation would be to adapt the wavelength bands based on the environmental conditions.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murphy and Stewart as applied to claim 13 above, and further in view of Kozicki.
As to claim 16, Murphy and Stewart teaches the method of claim 12, Murphy and Stewart does not teach wherein identifying the object is based on an intensity of specific light in the first infrared wavelength band. Kozicki teaches wherein identifying the object is based on an intensity of specific light in the first infrared wavelength band (¶0093). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy, Stewart and Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
As to claim 17, Murphy and Stewart teaches the method of claim 12, Murphy and Stewart does not teach wherein identifying the object is based on an intensity of specific light in the second infrared wavelength band. Kozicki teaches wherein identifying the object is based on an intensity of specific light in the second infrared wavelength band (¶0093). It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Murphy, Stewart and Gross. The suggestion/motivation would be in order to perform a simple substitution of illumination sources.
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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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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