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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 9-16 in the reply filed on November 12, 2025 is acknowledged.
Claim Status
In the November 12, 2025 submission, claims 9-16 were selected for consideration, and claims 21-32 were added respective of the selected set. Claims 9-16 and 21-32 have been presented for consideration and are pending.
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.
Claims 9-16 and 21-32 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al., US Patent Application Publication No. 2006/0188145 (published August 2006, hereinafter SONG), in view of Schmidt et al., US Patent Application Publication No. 2021/0118038 (published April 2021, hereinafter SCHMIDT).
1-8 (Cancelled)
As per claim 9 (Currently Amended), SONG teaches of a system for object customization (fig. 1; and par. 53 and 55: apparatus for producing personalized/customized products), the system comprising:
a housing, the housing including a door, wherein an object is receivable via the door for customization (see fig. 1 and par. 39: apparatus housing contains a front door for accessing components of the kiosk);
an identification system, the identification system identifying one or more object features of the object (see par. 37, 39 and 55: system accepts user input and/or scanned input for determining object features), determining one or more marking features for a customized marking of the object (see par. 55: system captures object features for generating customized products), and generating customized marking parameters using the one or more marking features and the one or more object features (see par. 49 and 51-52: user input is combined with scanned characteristics to provide a customized product); and
an engraving system, the engraving system applying the customized marking to a surface of the object using the customized marking parameters (see par. 37: system using engraving capability to create a customized product relative to input characteristics and parameters).
While SONG focuses on a system and method for capturing and employing user input for creating engraved objects, the art fails to explicitly address capturing detailed customized marking parameters via a scanning method.
Like SONG, SCHMIDT is directed to creating engraved objects via a kiosk. However, the art further teaches of a system and method which captures detail customizable characteristics of a subject via scanning techniques (see par. 17 and 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of SCHMIDT's system and method of capturing detailed characteristics of a subject, with LONG's system and method of capturing data from a variety of input measures used in producing a final object, to provide a means for capturing more discrete input, and providing support for a system capable of producing a more detailed customizable end product.
As per claim 10, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 9, wherein the object is positioned at an arbitrary orientation on a platen (e.g., considered by the examiner as a platform from which the subject rest and operations are performed) prior to application of the customized marking (see par. 37 and 43: platform used by the system for holding the subject item of operations).
As per claim 11, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 9, wherein identifying the one or more object features of the object further includes capturing object information via a sensor (see par. 36 and 55: system makes use of photo and scanned sensors for capturing object data).
As per claim 12, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 11, wherein the sensor is at least one of a camera or a scanner (see par. 36 and 44: as part of the input image acquisition unit, the system uses a camera to capture object parameters for input).
As per claim 13, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SCHMIDT further teaches of the system of claim 11, wherein the object information includes an identifier, the identifier being at least one of a Universal Product Code (UPC) or a Quick Response (QR) code (see fig. 3 and 5; par. 20: system uses a barcode scanner to capture product information).
As per claim 14, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 9, the system further comprising: a modeling system, the modeling system generating a representation of the object and presenting the representation on a display (see fig. 1, 3, 4: par. 36, 38-41 and 54: system supports a primary and potential secondary display for representing an object).
As per claim 15, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 14, wherein the representation incudes a target area for the customized marking (see par. 54: system capable of displaying the engraving process and details of the procedure).
As per claim 16, the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SCHMIDT further teaches of the system of claim 9, wherein determining the one or more marking features further comprises a user selecting the one or more marking features from a user device (see par. 27-28 and 30: along with directed user input and scanning options, the system provides for remote input for operations). SONG also teaches of a system which support remote access and input realized from networked devices (see par. 39).
17-20 (Cancelled)
As per claim 21 (New), SONG teaches of a system for object customization (fig. 1; and par. 53 and 55: system for producing customized products), the system comprising:
a housing, the housing including a door, wherein an object is receivable via the door for
customization (see fig. 1 and par. 39: apparatus housing contains a front door for accessing components of the kiosk);
an identification system, the identification system identifying one or more object features of the object (see par. 37, 39 and 55: system accepts user input and/or scanned input for determining object features), determining one or more marking features for a customized marking of the object (see par. 55: system captures object features for generating customized products), and generating customized marking parameters using the one or more marking features and the one or more object features (see par. 49 and 51-52: user input is combined with scanned characteristics to provide a customized product); and
a modeling system, the modeling system generating a representation of the object including a target area for the customized marking and presenting the representation on a display (see fig. 1, 3, 4: par. 36, 38-41 and 54: system supports a primary and potential secondary display for representing an object).
While SONG focuses on a system for capturing and employing user input for creating engraved objects, the reference fails to explicitly address capturing discrete detailed customizable parameters.
Like SONG, SCHMIDT is directed to creating engraved objects. However, the SCHMIDT further teaches of a system which captures customizable characteristics of a subject via scanning techniques (see par. 17 and 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of SCHMIDT's system of capturing discrete characteristics of a subject, with SONG's system of relying on a variety of input data and/or techniques to apply to the production of an end-product, to provide a means for capturing more discrete input, and ultimately affording the system the capability of producing a more detailed customizable end product.
As per claim 22 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 21, wherein the object is positioned at an arbitrary orientation on a platen prior to identification of the one or more object features (see par. 37 and 43: platform used by the system for holding the subject item of operations).
As per claim 23 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 21, wherein identifying the one or more object features of the object further includes capturing object information via a sensor (see par. 36 and 55: system makes use of photo and scanned sensors for capturing object data).
As per claim 24 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 23, wherein the sensor is at least one of a camera or a scanner (see par. 36 and 44: as part of the input image acquisition unit, the system uses a camera to capture object parameters for input).
As per claim 25 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SCHMIDT further teaches of the system of claim 23, wherein the object information includes an identifier, the identifier being at least one of a Universal Product Code (UPC) or a Quick Response (QR) code (see fig. 3 and 5; par. 20: system uses a barcode scanner to capture product information).
As per claim 26 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 21, the system further comprising: an engraving system, the engraving system applying the customized marking to a surface of the object using the customized marking parameters (see par. 37: system using engraving capability to create a customized product relative to input characteristics and parameters).
As per claim 27 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SCHMIDT further teaches of the system of claim 21, wherein determining the one or more marking features further comprises a user selecting the one or more marking features from a user device (see par. 27-28 and 30: along with directed user input and scanning options, the system provides for remote input for operations). SONG also teaches of a system which support remote access and input realized from networked devices (see par. 39).
As per claim 28 (New), SONG teaches of a system for object customization, the system comprising:
an identification system including one or more sensors capturing object information of an object for customization (see par. 37, 39 and 55: system accepts user input and/or scanned input for determining object features for customization), the identification system identifying one or more object features of the object based on the object information (see ), determining one or more marking features for a customized marking of the object (see par. 55: system captures object features for generating customized products), and generating customized marking parameters using the one or more marking features and the one or more object features (see par. 49 and 51-52: user input is combined with scanned characteristics to provide a customized product); and
an engraving system, the engraving system applying the customized marking to a surface of the object using the customized marking parameters (see par. 37: system using engraving capability to create a customized product relative to input characteristics and parameters).
While SONG focuses on a system for capturing and employing user input for creating engraved objects, the art fails to explicitly address capturing detailed customized marking parameters.
SCHMIDT is directed to creating engraved objects via a kiosk, wherein the reference further focuses on a system which captures detail customizable characteristics of a subject via scanning techniques (see par. 17 and 19-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to employ the use of SCHMIDT's system of capturing detailed characteristics of a subject, with SONG's system of using a variety of input measures to produce a final object, to provide a more detailed customizable end-product, resulting from discrete input data.
As per claim 29 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 28, wherein the object is positioned at an arbitrary orientation on a platen prior to application of the customized marking (see par. 37 and 43: platform used by the system for holding the subject item of operations).
As per claim 30 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 28, wherein the one or more sensors are at least one of a camera or a scanner (see par. 36 and 44: as part of the input image acquisition unit, the system uses a camera to capture object parameters for input).
As per claim 31 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SCHMIDT further teaches of the system of claim 30, wherein the object information includes an identifier, the identifier being at least one of a Universal Product Code (UPC) or a Quick Response (QR) code (see fig. 3 and 5; par. 20: system uses a barcode scanner to capture product information).
As per claim 32 (New), the combination of SONG and SCHMIDT teaches all of the limitations noted in the base claim(s) as outlined above, wherein SONG further teaches of the system of claim 28, the system further comprising: a modeling system, the modeling system generating a representation of the object and presenting the representation on a display (see par. 48: system captures subject data from scanner, photo or user input and generates a 3D model from which to make a physical object).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lemelin [8,150,145], Hagen [8,050,796] and Chan [2018/0028898] focuses on a system and method for capturing user specific details and product parameters, and engraving customized objects on a kiosk type device.
Conclusion
The applicant is strongly encouraged to contact the examiner if further clarifications are needed with respect to interpretation of currently presented claims and/or cited prior art.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck& Co. v. BiocraftLabs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN BOOKER whose telephone number is (571)272-7827. The examiner can normally be reached on M-F 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571) 272-4105. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Kelvin Booker/
Examiner, Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119