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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/9/2024 and 5/5/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claim 22 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, or a joint inventor, regards as the invention.
Claim 22 is indefinite at least because the limitation “receiving the terahertz radiation emitted by a transmission apparatus onto the object” does not make sense. What is doing the receiving? At best, the limitation appears to be redundant or stating the inherently obvious. Further, there is no clear step of detecting the reflected terahertz radiation, which is a necessary and critical part of the method for determining a geometric parameter of the object, as disclosed.
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 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.
(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.
Claims 1, 3-5, 13, 15-17 and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deferm (US 2018/0180557 A1).
Regarding claim 1, Deferm discloses a measuring device (Figs.1B, 7-9, 13 and 17), including:
a) a transceiver having a transmission apparatus 11 configured to emit THz radiation onto an object 100, the THz radiation is at least partially reflected by the object 100;
b) a receiving apparatus 21 configured to receive the THz radiation emitted by the transmission apparatus 11 onto the object 100;
c) a reflector 313 configured to reflect the THz radiation emitted by the transmission apparatus 11 after the THz radiation has passed through at least one portion of the object 100; and
d) a holder (Figs.9, 13 or 17) configured to support the transceiver and the reflector, and to position the transceiver and the reflector opposite one another on different sides of the object 100 or on different sides of a wall of the object 100.
With respect to claim 3, Deferm further discloses that the holder further includes a stop which can be placed against an end face of the object 100 for placement of the measuring device (placing object 100 within cavity 10, Fig.9).
With respect to claim 4, Deferm further discloses at least one of the transceiver and the reflector is mounted in a longitudinally displaceable manner on the holder (Figs.13 or 19).
With respect to claim 5, Deferm further discloses at least one of the transceiver and the reflector are detachably arranged on the holder (held by screws, see at least Fig.9, 13 or 17, also see at least par.0147).
With respect to claim 13, Deferm further discloses that the reflector 313 has a shape that is adapted to a geometry of the object 100 (web or sheet, Figs.13 or 17, pars.0151 or 0154).
With respect to claim 15, Deferm further discloses a holding portion (Fig.13, inline manufacturing, par.0151; Fig.17, part of the production line, par.0154) configured to be arranged in a stationary manner on a manufacturing apparatus for manufacturing the object 100, where at least one of the transceiver and the reflector is configured to be fastened to the holding portion in a detachable manner (by screws, such as in Fig.10, par.0154; also see at least par.0147).
With respect to claim 16, Deferm further discloses an evaluation apparatus configured to determine the geometric parameter of the object 100 based on the THz radiation received by the receiving apparatus 21 (pars.0139-142).
With respect to claim 17, Deferm further discloses that the geometric parameter includes thickness (pars.0139-0142).
With respect to claim 19, Deferm further discloses a wireless transmission system configured to transmit measured values received by the receiving apparatus 21 to an evaluation apparatus that is separate from the measuring device (par.0118).
With respect to claim 20, Deferm further discloses the object 100.
With respect to claim 21, Deferm further discloses a conveying apparatus configured to convey the object 100 in a longitudinal direction through a measuring region of the measuring device (Figs.13 or 17; inherent since these embodiments are disclosed as being placed for inline measurements as part of the manufacturing process).
Claims 1, 6, 14, 16-18 and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thiel (US 2023/0288189 A1).
Regarding claim 1, Thiel discloses a measuring device (Fig.2), including:
a) a transceiver 2 having a transmission apparatus configured to emit terahertz radiation onto the object 8, where the terahertz radiation is at least partially reflected by the object 8;
b) a receiving apparatus configured to receive the terahertz radiation emitted by the transmission apparatus after the terahertz radiation has passed through at least one portion of the object 8;
c) a reflector 3 configured to reflect the terahertz radiation emitted by the transmission apparatus after the terahertz radiation has passed through at least one portion of the object 8; and
d) a holder configured to support the transceiver 2 and the reflector 3 and to position the transceiver 2 and the reflector 3 opposite one another on different sides of the object 8 (inherent, not shown, Fig.2).
With respect to claim 6, Thiel further discloses that the reflector 3 is spaced apart from the wall of the object 8 that is adjacent to the reflector 3 (Fig.2), where some of the terahertz radiation passes through the reflector 3 (par.0020).
With respect to claim 14, Thiel further discloses that the reflector 3 is partially transparent to the terahertz radiation (par.0020).
With respect to claim 16, Thiel further discloses an evaluation apparatus configured to determine a geometric parameter of the object 8 based on the terahertz radiation received by the receiving apparatus (thicknesses and diameters).
With respect to claim 17, Thiel further discloses that the geometric parameter includes a wall thickness, an inner diameter, and an outer diameter (par.0062).
With respect to claim 18, Thiel further discloses that the evaluation apparatus is configured to determine the refractive index of the object 8 from a comparison of a delay time of the terahertz radiation emitted by the transmission apparatus and received by the receiving apparatus without the radiation passing through the object 8 (Figs.1 and 2, see at least pars.0030-0039).
With respect to claim 20, Thiel further discloses the object 8 (Fig.2).
With respect to claim 21, Thiel further discloses a conveying apparatus configured to convey the object 8 in a longitudinal direction through a measuring region of the measuring device (inherent, see at least pars.0030 and 0033).
Regarding claim 22, Thiel discloses a method of measuring a geometric parameter of an object 8 (Fig.2), including:
a) positioning a transceiver 2 and a reflector 3 opposite one another on different sides of the object 8;
b) emitting, with the transceiver 2, terahertz radiation 5 onto the object 8, where the terahertz radiation is at least partially reflected by the object 8;
c) reflecting, with the reflector 3, the terahertz radiation after the terahertz radiation has passed through at least a portion of the object 8; and
d) receiving, with the transceiver 2, the reflected terahertz radiation.
Claims 1, 7, 16-18 and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thiel’853 (US 2023/0095853 A1).
Regarding claim 1, Thiel’853 discloses a measuring device (Fig.1), including:
a) a transceiver 5a having a transmission apparatus configured to emit terahertz radiation onto the object 2, where the terahertz radiation is at least partially reflected by the object 2;
b) a receiving apparatus 5a configured to receive the terahertz radiation emitted by the transmission apparatus after the terahertz radiation has passed through at least one portion of the object 2;
c) a reflector 4 configured to reflect the terahertz radiation emitted by the transmission apparatus after the terahertz radiation has passed through at least one portion of the object 2; and
d) a holder configured to support the transceiver 5a and the reflector 4 and to position the transceiver 5a and the reflector 4 opposite one another on different sides of the object 2 (optically opposite sides of the object 2, given the folded optical path by intermediate mirrors 8a and 18a, Fig.1).
With respect to claim 7, Thiel’853 further discloses that the holder has at least one support structured to enable at least the reflector 4 to rest on a surface of the object 2 when the measuring device is placed against the object 2 (Fig.2).
With respect to claim 16, Thiel’853 further discloses an evaluation apparatus configured to determine a geometric parameter of the object 2 based on the terahertz radiation received by the receiving apparatus (thicknesses and diameters).
With respect to claim 17, Thiel’853 further discloses that the geometric parameter includes a wall thickness, an inner diameter, and an outer diameter (par.0056).
With respect to claim 18, Thiel’853 further discloses that the evaluation apparatus is configured to determine the refractive index of the object 2 from a comparison of a delay time of the terahertz radiation emitted by the transmission apparatus and received by the receiving apparatus without the radiation passing through the object 2 (see at least pars.0021-0022 and 0046).
With respect to claim 20, Thiel’853 further discloses the object 2 (Fig.1).
With respect to claim 21, Thiel’853 further discloses a conveying apparatus configured to convey the object 2 in a longitudinal direction through a measuring region of the measuring device (extruder).
Regarding claim 22, Thiel’853 discloses a method of measuring a geometric parameter of an object 8 (Fig.2), including:
a) positioning a transceiver 2 and a reflector 3 opposite one another on different sides of the object 8;
b) emitting, with the transceiver 2, terahertz radiation 5 onto the object 8, where the terahertz radiation is at least partially reflected by the object 8;
c) reflecting, with the reflector 3, the terahertz radiation after the terahertz radiation has passed through at least a portion of the object 8; and
d) receiving, with the transceiver 2, the reflected terahertz radiation.
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Deferm, as applied to claim 1 above.
With respect to claim 2, Deferm further discloses a C-shaped holder (Figs.10-12).
However, Deferm discloses that the C-shaped holder is intended for the opposed transmitter and receiver arrangement of Fig.1A rather than for the transceiver arrangement of Fig. 1B.
The skilled artisan recognizes that the shape of the holder is irrelevant to the functioning of the device, insofar as the transceiver and the reflector are held opposed to one another. The shape of the holder is for accommodating the objects under test. This is particularly evident in the corresponding description of Figs.10-12, which state that the holder could have a U-shape or O-shape. The O-shaped embodiments of Figs.13 and 17 and the corresponding descriptions also state that the holder could be other shapes. The descriptions further state that the embodiments of Figs.13 and 17 could readily be adapted to the transmitter/receiver arrangement of Fig.1A or to the transceiver/reflector arrangement of Fig.1B.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Deferm to have the C-shaped holder used for the transceiver/reflector arrangement of Fig.1B as desired, in order to accommodate the particular measurement environment and/or object to be measured, with a reasonable expectation of success and without undue experimentation, as suggested by Deferm and as understood by one of ordinary skill in the art.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Thiel, as applied to claim 1 above, in view of Thiel’963 (US 2018/0347963 A1).
With respect to claims 11 and 12, Thiel does not specifically disclose at least one sensor configured to aid in orienting the measuring device with the holder for a measurement process without contacting the object.
Thiel’963 teaches the practice of providing at least one optical position sensor 12 to aid in orienting the measuring device with the holder for a measurement process without contacting the object 2 (Figs.11 and 12; pars.0049-0050 and 0054). In this manner, the critical parallel orientation between the direction of the transmitted and reflected terahertz beams and the normal of the measurement surface of the object is maintained for optimal measurement precision.
It would have been obvious to one of ordinary skill in the art at the time of the invention for Thiel to include an optical position sensor, as suggested by Thiel’963, in order to ensure the optimal measurement precision, as is known in the art.
Allowable Subject Matter
Claims 8-10 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. The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 8, the prior art neither teaches nor reasonably suggests the additional limitation that the at least one support includes at least one guide roller that rests on the surface of the object when the measuring device is placed against the object, as required by the combination as claimed.
With respect to claim 9, the prior art neither teaches nor reasonably suggests the additional limitation that the at least one support is configured to adjust to accommodate different dimensions of the object, as required by the combination as claimed.
Claim 10 is objected to by virtue of its dependence from claim 9, thus incorporating the combination of allowable features.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892 unless otherwise stated):
US patent documents to Sikora (exemplified by US 2018/) teach having the reflector geometry match that of the object (Figs.1&2);
US patent documents to Klose teach a portable THz thickness measurement apparatus having a holder that rests the transceiver against the measurement object; however, there is no clear provision for positioning a reflector opposite to the transceiver;
Chinese and Japanese patent documents describe holders for orienting THz transceivers for thickness and diameter measurements of pipes; and
The remaining cited art establishes the state of the art of thickness and diameter measurements by terahertz transceivers paired with opposed reflectors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS R ARTMAN whose telephone number is (571)272-2485. The examiner can normally be reached Monday-Thursday 10am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Makiya can be reached on 571.272.2273. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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THOMAS R. ARTMAN
Primary Examiner
Art Unit 2884
/THOMAS R ARTMAN/ Primary Examiner, Art Unit 2884