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 Species I, claims 1-3, 5, 6, 8, 13, 14 and 17-26 in the reply filed on 06/26/2026 is acknowledged.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 2, 5, 6, 8 and 13 are objected to because of the following informalities: “An imaging device of claim 1” should be “The imaging device of claim 1.” Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “An imaging device of claim 2” should be “The imaging device of claim 2.” Appropriate correction is required.
Claims 19-21 are objected to because of the following informalities: “Use of the imaging device of claim 1 to obtain a 3D image” should be “The imaging device of claim 1, wherein the imaging device is configured to obtain a 3D image.” Appropriate correction is required.
Claim 22 is objected to because of the following informalities: “Use of the imaging device of claim 1 to identify and process objects” should be “The imaging device of claim 1, wherein the imaging device is configured to identify and process objects.” Appropriate correction is required.
Claims 23-25 are objected to because of the following informalities: “Use of the method of claim 17 to obtain a 3D image” should be “The method of claim 17, further comprising obtaining a 3D image.” Appropriate correction is required.
Claim 26 is objected to because of the following informalities: “Use of the method of claim 17 to identify and process objects” should be “The method of claim 17, further comprising identifying and processing objects.” Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 8, 21 and 25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 5, 8, 21 and 25, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 21 and 25, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 5, 6, 8, 19-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brienza et al (US 6125338).
As to claim 1, Brienza discloses an imaging device for measuring a profile of an object, the device comprising:
a plurality of moveable parts (FIG. 1, rod members 12 and 13), wherein each moveable part has a first end to contact an object and a second end comprising fluorescent or phosphorescent material (FIG. 1 and col. 3, lines 1-17: rod members end in contact with object 22 and head portion 19 made from elastic material to which a fluorescent dye has been added);
an enclosure to hold the moveable parts such that the moveable parts can move parallel to each other within the enclosure to vary their respective positions according to a profile of the contacted object (col. 3, lines 1-6: the rod members 12 and 13 are slideably received within a plurality of cavities (not numbered) of the frame 14 such that the rod members 12 and 13 can move in the z-direction; see also FIG. 7 and col. 7, lines 24-31: housing 83);
a light source to stimulate light emission from the material (col. 3, line 27: light source 40); and
a camera configured to obtain an image of the second ends of the moveable parts based on the light emission (col. 3, lines 32-35: The imaging system 18 is a preferably a video camera … The video camera is electronically attached to the data processor 20 such that the data images of the rod members 12 and 13 are transformed into digital form and stored by the data processor 20).
As to claim 5, Brienza further discloses wherein the moveable parts comprise columns such as pins, the parts preferably formed of metal, plastic or fluorescent/phosphorescent material (FIGS. 1-2).
As to claim 6, Brienza further discloses wherein the enclosure comprises an array of holes corresponding to respective said moveable parts such that the moveable parts can move freely longitudinally along an axis of said enclosure (see FIG. 7 and col. 7, lines 24-31: 28-42).
As to claim 8, Brienza further discloses wherein the fluorescent or phosphorescent material comprises a homogenous layer or coating, preferably sprayed or painted (col. 3, lines 14-15).
As to claims 19-22, these claims are directed to the intended use of the device and do not have any patentable weight. The device disclosed by Brienza is capable of obtaining a 3D image or model of a subcutaneous lump or removed tumor and of identifying and processing objects comprising 3D QR code or Braille characters.
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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brienza et al (US 6125338) in view of Lebens (US 5745176).
As to claim 2, Brienza fails to explicitly disclose comprising a telecentric system between the moveable parts and the camera.
However, Lebens teaches a telecentric system between the moveable parts and the camera (see col. 4, lines 30-44).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Brienza using the teachings of Lebens to include a telecentric system between the moveable parts and the camera in order to provide a uniform magnification across the field of view and to reduce lens distortion (Lebens; col. 4, lines 30-44).
As to claim 3, the combination of Brienza and Lebens further discloses comprising a window between the telecentric system and the moveable parts, wherein the window is transparent to wavelengths of the light emitted by the optical source and the material (Lebens; col. 4, lines 30-44).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brienza et al (US 6125338) in view of Jannink (US 20210264777).
As to claim 13, Brienza fails to explicitly disclose wherein the camera is a monochrome camera.
However, Jannink teaches a monochrome camera (see [0129]).
At the time before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skills in the art to modify Brienza using the teachings of Jannink to include a monochrome camera to improve light sensitivity and image sharpness (Jannink; [0129]).
Allowable Subject Matter
Claims 14, 17, 18 and 23-26 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOUBACAR ABDOU TCHOUSSOU whose telephone number is (571)272-7625. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at 5712727331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOUBACAR ABDOU TCHOUSSOU/Primary Examiner, Art Unit 2482
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