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
Amendment
The amendment filed on 12/19/2025 has been entered into this application. Claim 8 is/are cancelled.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a measurement instrument” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7, and 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (CN210072251 (U), Applicant cited reference; Translation, previously cited reference) in view of Sun (CN208969374 (U), Applicant cited reference; Translation, previously cited reference).
Regarding claims 1, 17 and 18, Zhao teaches of a color diffraction test device/system (claim 17) is included in an Illumination visual angle detection device (figs. 1-6) for liquid crystal display [pars. 0038-60], comprising:
an optical instrument and a measurement cover plate 31, wherein the measurement cover plate 31 is provided with a reflection groove 311 for exposing (through moving functionality) a measurement region of a liquid crystal display 10; angle adjustment apparatuses are fixed on the measurement cover plate 31, and there are two angle adjustment apparatuses is functionally equivalent to an objective table configured to drive a to-be-tested sample to rotate in a plane where the objective table is located during a test process, wherein a rotation axis of the objective table is a perpendicular bisector of the objective table, a test point of the to-be-tested sample is on the perpendicular bisector of the objective table;
a light source a light source 61, the light source 61 is fixed onto one of the angle adjustment apparatuses, an axis of the light source 61 coincides with a measurement center of the liquid crystal display 10, and the light source 61 adjusts an angle around the measurement center of the liquid crystal display 10 is functionally equivalent to configured to irradiate the to-be-tested sample, wherein an orthographic projection of a light spot center of the light source on the objective table roughly coincides with a center of the objective table;
a telecentric lens 51 is fixed onto the other angle adjustment apparatus, an axis of the telecentric lens 51 coincides with the measurement center of the liquid crystal display 10, the telecentric lens 51 adjusts an angle around the measurement center of the liquid crystal display 10, and the telecentric lens 51 is connected to the optical instrument is functionally equivalent to a measurement instrument, wherein the measurement instrument and the light source are located on a same side of the objective table , as can be seen in the depicted drawing (figs. 1-2),
Zhao further teaches of a structure that is implemented using limitations and/or implementing limitations such as, comprises an objective table for bearing a display to be tested, and the orthographic projection of the optical instrument on the objective table and the orthographic projection of the light source on the objective table do not overlap with each other [pars. 0043-64], the measurement instrument is configured to test a color diffraction phenomenon of the to-be-tested sample irradiated by the light source is the wherein the optical instruments include spectral colorimeter, imaging colorimeter [par. 0049];
wherein the color diffraction test device that is included in an Illumination visual angle detection device (figs. 1-6) for liquid crystal display [pars. 0038-60] further comprises: the longitudinal linear module 14, the transverse linear module 15, and the vertical linear module 16 enable movement in the X, Y, and Z directions. The longitudinal linear module 14 and the transverse linear module 15 facilitate the movement of the light source 61 and the telecentric lens 51 above and opposite the detection center of the LCD 10. The vertical linear module 16 facilitates the movement of the light source 61 and the telecentric lens 51 to a position close to the LCD 10, thereby facilitating detection [par. 0084] includes a vertical guide rail (vertical linear module 16), as can be seen in depicted drawing (Zhao, fig. 2), wherein the vertical guide rail (vertical linear module 16) is on the perpendicular bisector of the objective table, and the light source light source 61 is disposed on the vertical guide rail; the light source light source 61 moves on the vertical (movement in the (i.e. Y - direction) guide rail to change a distance from the light source light source 61 to the to-be-tested sample, as can be seen in depicted drawing (Zhao, fig. 2)
Zhao fail to explicitly specify that an orthographic projection of a measurement center of the measurement instrument on the objective table roughly coincides with the center of the objective table.
However, Zhao teaches of an orthographic projection of a measurement center of the measurement instrument on the objective table roughly coincides with the center of the objective table in view of knowledge generally available to one of ordinary skill in the art, it is obvious that projection of the center of a circle arc (i.e. arc-shaped rack guide rail 42) located on the same plane as the objective table such as measurement cover plate 31 would roughly coincides with the center of the objective table/measurement cover plate 31 with projection [pars. 0043-61] based on geometrical arrangement, and an orthographic projection of the measurement instrument on the objective table does not overlap with an orthographic projection of the light source on the objective table, as can be seen in the depicted drawing (figs. 1-2).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Zhao by introducing knowledge generally available to one of ordinary skill in the art, such as, the general knowledge of the structure of projection of the center of a circle arc (i.e. arc-shaped rack guide rail 42) that would be located on the same plane as the objective table, in view of geometrical arrangement that would resulted in the limitations such as an orthographic projection of a measurement center of the measurement instrument on the objective table roughly coincides with the center of the objective table, in order to effectively ensure the accuracy of detection, the detection angle range is large, and the detection efficiency is high, as per teachings of Zhao (see abstract), since the propose modification and/or the introduction of the knowledge generally available to one of ordinary skill in the art of the prior art would not change the principle of operation of the prior art invention being modified.
Furthermore, the constructional changes of an objective table driving a sample to be tested to rotate, by taking the perpendicular bisector of the objective table as a rotation axis, in a plane where the objective table is located, wherein a test point for said sample is on the perpendicular bisector of the objective table; and the orthographic projection of a light-spot center of a light source on the objective table substantially coinciding with the center of the objective table during a test process, is known in the art, as evidenced by Sun (Sun, [pars. 0015 and 0028]) (figs. 1-3). Sun (Sun, [pars. 0015 and 0028]) (figs. 1-3) teaches of an apparatus for automatically measuring a visual angle of a display comprising a suction apparatus 6 is arranged at a central position of a rotating platform 3, and the suction apparatus 6 is used for fixing a display to be tested. Applying the apparatus to a test for a color diffraction phenomenon of a sample to be tested would have been readily conceivable to a person skilled in the art. Moreover, the orthographic projection of a light-spot center of a light source on an objective table substantially coinciding with the center of the objective table is a conventional technical means in the art in order to expand a test range.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Zhao with the constructional changes such as claimed in the device of claim 1 in view of the teachings of Sun, since the orthographic projection of a light-spot center of a light source on an objective table substantially coinciding with the center of the objective table is a conventional technical means in the art in order to expand a test range.
Still lacking, Zhao when modified by Sun fail to explicitly specify the constructional changes of using a following formula to characterize a strength of the color diffraction phenomenon at each measurement angle.
However, even though, Zhao when modified by Sun fail to teach the constructional changes in the device/system of claims 1 and 17, as that claimed by Applicants claim 18, the constructional changes is/are considered obvious in view of the Zhao teaching of optical instruments include spectral colorimeter, imaging colorimeter [par. 0049] because colorimeter uses some sort/form of a representation formula/algorithm for a color diffraction phenomenon to determines the color of something by measuring the amount of light it absorbs or transmits, often to ensure color consistency and in order to comparing its color to known standards or to complementary color, and/or in order to compared to known standard colors or a scale of colors to define the sample's color and/or in order to allow for quantitative analysis.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Zhao when modified by Sun with the constructional changes in the device/system of claims 1 and 17, as that claimed by Applicants claim 18 in view of the Zhao teaching of optical instruments include spectral colorimeter, imaging colorimeter [par. 0049] which/that uses some form/sort of representational formula/algorithm for a color diffraction phenomenon in order to determines the color of something by measuring the amount of light it absorbs or transmits, often to ensure color consistency, and in order to comparing its color to known standards or to complementary color, and/or in order to compared to known standard colors or a scale of colors to define the sample's color and/or in order to allow for quantitative analysis.
For the purposes of clarity, the structure of the system recited in claim 17 is symmetrical to the structure recited in claim 1, and the method claim 18 is taught/suggested by the functions shown/stated/set forth with regards to the device/system claims 1 and 17 as rejected above as being unpatentable over Zhao in view of Sun. Additionally, the projection considering the BRI is the transformation of points and lines in one plane onto another plane by connecting corresponding points on the two planes with parallel lines.
As to claims 2-6, Zhao when modified by Sun, Zhao further teaches of plurality of angle adjustment apparatuses (i.e. at least two angle adjustment apparatuses), plurality arc guide rail [pars. 0007, 0015-16, 0026, 0028, 0043, 0050-51 and 0058], Zhao when modified by Sun, as applied to claim 1 teaches of a structure that is use in a device/system that is implementing limitations such as, wherein the plurality of angle adjustment apparatuses/plurality guide rails obviously includes a first variable-angle guide rail on which the measurement instrument is disposed; wherein the measurement instrument moves on the first variable-angle guide rail to change a measurement angle of the measurement instrument, and the measurement angle is an angle between a connection line of a center of the measurement instrument and a center of the to-be-tested sample and the perpendicular bisector of the objective table, an orthographic projection of the center of the to-be-tested sample on the objective table roughly coincides with the center of the objective table (claim 2); a second variable-angle guide rail on which the light source is disposed; wherein the light source moves on the second variable-angle guide rail to change an incident angle at which light of the light source irradiates the to-be-tested sample, and the incident angle is an angle between a connection line of a center of the light source and the center of the to-be-tested sample and the perpendicular bisector of the objective table (claim 3) [pars. 0007, 0015-16, 0026, 0028, 0043, 0050-51 and 0058]; wherein the plurality of angle adjustment apparatuses/plurality guide rails obviously includes first variable- angle guide rail and the second variable-angle guide rail are disposed symmetrically with respect to the perpendicular bisector of the objective table [pars. 0007, 0015-16, 0026, 0028, 0043, 0050-51 and 0058] (claim 4); wherein the plurality of angle adjustment device includes an arc guide rail ….., includes a shape of the first variable-angle guide rail and a shape of the second variable-angle guide rail are both an arc, and an orthographic projection of a center of a circle where the arc is located on the objective table roughly coincides with the center of the objective table (claim 5); and wherein an angle between a tangent line of the arc and the perpendicular bisector of the objective table is in a range of 00 to 800 included in angle between 0-90 degrees [pars. 0011, 0018, 0050 and 0064] (claim 6).
As to claims 7, 9-11 and 14-16, Zhao when modified by Sun, Sun further teaches of a dark box (Sun (see abstract) [par. 0029], (claim 1)) as applied to claim 1, Zhao when modified by Sun teaches of a structure that is use in a device/system that is implementing limitations such as, an airtight light-shielding box, wherein inner surfaces of the airtight light- shielding box comprise an upper surface and a lower surface opposite to each other, and a first side surface and a second side surface opposite to each other and connecting the upper surface and the lower surface; wherein, the objective table is disposed on the lower surface, the first variable-angle guide rail is disposed on the first side surface, and the second variable-angle guide rail is disposed on the second side surface (claim 7);
Sun further teaches of a dark box (Sun (see abstract) [par. 0029], (claims 1 and 7)) obviously includes an airtight light-shielding box, inner surfaces of the airtight light-shielding box comprise an upper surface and a lower surface opposite to each other, and a side surface connecting the upper surface and the lower surface; wherein, the objective table is disposed on the lower surface, the vertical guide rail is disposed on the upper surface, and the first variable-angle guide rail is disposed on the side surface (claim 9);
Zhao further teaches of plurality of angle adjustment apparatuses (i.e. at least two angle adjustment apparatuses), plurality arc guide rail and guide rails [pars. 0007, 0015-16, 0026, 0028, 0043, 0050-51 and 0058] includes wherein a ratio of a distance between the center of the light source light source 61 and the center of the to-be-tested sample to an effective diameter of the light source light source 61 is (i.e. greater than or equal to any one of 5 to 10) (claim 10); wherein the distance between the center of the light source light source 61 and the center of the to-be-tested sample is (i.e. in a range of 10cm to 100cm) (claim 11); Zhao further teaches light source 61 includes wherein the light source is (i.e. a white light source) (claim 14); wherein a distance between the center of the measurement instrument and the center of the to-be-tested sample is (i.e. in a range of 20cm to 60cm); and wherein measurement field angles of the measurement instrument comprise (i.e. 0.10, 0.2 and 10) (claim 16).
As to claims 12-13 and 19-20, Zhao when modified by Sun, Zhao a light source a light source 61, the light source 61 is fixed onto one of the angle adjustment apparatuses, an axis of the light source 61 coincides with a measurement center of the liquid crystal display 10, and the light source 61 adjusts an angle around the measurement center of the liquid crystal display 10 is functionally equivalent to configured to irradiate the to-be-tested sample, wherein an orthographic projection of a light spot center of the light source on the objective table roughly coincides with a center of the objective table; a telecentric lens 51 is fixed onto the other angle adjustment apparatus, an axis of the telecentric lens 51 coincides with the measurement center of the liquid crystal display 10, the telecentric lens 51 adjusts an angle around the measurement center of the liquid crystal display 10, and the telecentric lens 51 is connected to the optical instrument is functionally equivalent to a measurement instrument, wherein the measurement instrument and the light source are located on a same side of the objective table , as can be seen in the depicted drawing (figs. 1-2) and the measurement instrument is configured to test a color diffraction phenomenon of the to-be-tested sample irradiated by the light source is the wherein the optical instruments include spectral colorimeter, imaging colorimeter [par. 0049], as applied to claim 1 and 18.
Zhao when modified by Sun fail to explicitly specify the constructional changes of the device/system/method of claims 1 and 18, as that claimed by Applicants claims 12-13 and 19-20, such as, further comprising: a diaphragm, wherein the diaphragm is fixed on a light-emitting surface of the light source, and a diameter of the diaphragm is adjustable (claim 12); wherein the diameter of the diaphragm is in a range of 1mm to 5mm (claim 13); wherein the light source irradiates the to- be-tested sample vertically, and the measurement instrument is on one side of the perpendicular bisector of the objective table; during the rotation process, testing the brightness L* and the color coordinates a* and b* of the test point of the to-be-tested sample by the measurement instrument once the objective table rotates the preset angle, comprises: during the rotation process, testing the brightness L* and the color coordinates a* and b* of the center of the to-be-tested sample by the measurement instrument at every interval of (i.e. a rotation angle not greater than 20) (claim 19); and wherein the light source and the measurement instrument are disposed symmetrically with respect to the perpendicular bisector of the objective table; during the rotation process, testing the brightness L* and the color coordinates a* and b* of the test point of the to-be-tested sample by the measurement instrument once the objective table rotates the preset angle, comprises: during the rotation process, testing the brightness L* and the color coordinates a* and b* of the center of the to-be-tested sample by the measurement instrument at every interval of a rotation angle not greater than 450.
However, even though, Zhao when modified by Sun fail to teach the constructional changes in the device/system of claims 1 and 18, as that claimed by Applicants claims 12-13 and 19-20, the constructional changes is/are considered obvious conventional technical means for regulating the amount of light that passes through an optical system and for performing process steps.
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Zhao when modified by Sun in the manner set forth in applicant's claims 12-13 and 19-20, in order to controls light intensity and in order to improve and adjust image properties such as brightness, contrast, and depth of field, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art, In re Stevens, 101 USPQ 284 (CC1954).
Response to Arguments
Applicant’s arguments/remarks, see pages 9-10, filed on 12/19/2025, with respect to the rejection(s) of claim(s) have been fully considered but are not persuasive.
Applicant’s arguments:
a) Applicant argues specifically that Zhao at most discloses in FIG. 1 and paragraphs 0007, 0015, 0016, 0026, 0028, 0043, 0050, 0051, and 0058 that the light source 61 is on the arc guide rail 42.
Zhao fails to disclose a vertical guide rail, wherein the vertical guide rail is on the perpendicular bisector of the objective table, and the light source is disposed on the vertical guide rail; the light source moves on the vertical guide rail to change a distance from the light source to the to-be-tested sample, as claimed in amended claim 1. Sun also fails to disclose a vertical guide rail, wherein the vertical guide rail is on the perpendicular bisector of the objective table, and the light source is disposed on the vertical guide rail; the light source moves on the vertical guide rail to change a distance from the light source to the to-be-tested sample, as claimed in amended claim 1.
Thus, Applicant respectfully submits that amended claim 1 is patentable. Dependent claims are also patentable by virtue of their dependencies. Applicant respectfully requests withdrawal of the rejection.
Examiner's response:
With respect to argument (a), it is respectfully pointed out to applicant that this argument is not persuasive because Zhao clearly discloses in [par. 0084] and depicted in drawing (fig. 2) the feature "a vertical guide rail, wherein the vertical guide rail is on the perpendicular bisector of the objective table, and the light source is disposed on the vertical guide rail; the light source moves on the vertical guide rail to change a distance from the light source to the to-be-tested sample," as recited in independent claims 1, is included in structure of the combination of the longitudinal linear module 14, the transverse linear module 15, and the vertical linear module 16 enable movement in the X, Y, and Z directions. The longitudinal linear module 14 and the transverse linear module 15 facilitate the movement of the light source 61 and the telecentric lens 51 above and opposite the detection center of the LCD 10. The vertical linear module 16 facilitates the movement of the light source 61 and the telecentric lens 51 to a position close to the LCD 10, thereby facilitating detection [par. 0084] include(s) a vertical guide rail (vertical linear module 16), as can be seen in depicted drawing (Zhao, fig. 2), wherein the vertical guide rail (vertical linear module 16) is on the perpendicular bisector of the objective table, and the light source light source 61 is disposed on the vertical guide rail; the light source light source 61 moves on the vertical (movement in the (i.e. Y - direction) guide rail to change a distance from the light source light source 61 to the to-be-tested sample as can be seen in the depicted drawing (Zhao, fig. 2). It is respectfully pointed out to applicant that this argument (b) is not persuasive because the feature is within the scope and analysis of Zhao's illumination visual angle detection device (figs. 1-6) system configuration. Therefore, the argument/remarks for request for reconsideration does not appear to place the application in condition for allowance.
In conclusion, one of ordinary skill at the time the invention was made would have fairly and reasonably recognized that the prior art does properly support a rejection of the claimed invention under 35 U.S.C. 103 as detailed above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877