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 .
Claim Objections
Claims 1, 13, and 16 are objected to because of the following informalities:
Claim 1, In Lines 18-19, the Examiner assumes that “a first time period” should actually be --the first period of time--.
Claim 1, In Line 57, the Examiner assumes that “the third zone data,” should actually be --the third zone data, and--.
Claim 13, In Line 29, the Examiner assumes that “said second time period” should actually be --said second period of time--.
Claim 13, In Line 38, the Examiner assumes that “third zone data,” should actually be --third zone data, and--.
Claim 16, In Line 7, the Examiner assumes that “one or more peak areas and” should actually be --one or more peak areas.--.
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 1-12 and 15-16 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 claims 1-12 and 15-16, the phrase "optionally" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claims 15-16, the phrase "such as" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Therefore, for purposes of examination, the Examiner assumes the following:
Claim 1: The chute does not need to include a vibration feeder, and the first optical arrangement does not need to converge the at least one illumination beam.
Claim 4: The final “wherein” clause, regarding the at least one illumination beam and each of said one or more wavelength bands, is not required.
Claim 12: The processing circuitry does not need to be configured to execute a fourth collection function.
Claim 15: Classifying the matter does not require determining at least one property relating to the shape of the first spectrum.
Claim 16: Classifying the matter does not require determining at least one property relating to the shape of the second spectrum, and the second spectrum does not need to be a phosphorescence spectrum.
Claim 4 recites the limitation "said first zone" in Line 3. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that this limitation should read --said first inspection zone--.
Claim 5 recites the limitation "configured to rotate in a first direction" in Lines 2-3. However, claim 1, upon which claim 5 depends, recites “inspection zones arranged sequentially in a first direction” in Line 23. The Examiner assumes that claim 1 is intended to refer to a linear direction, whereas claim 5 is intended to refer to an angular direction. Therefore, for purposes of examination, the Examiner is interpreting claim 5 as reciting --configured to rotate in a first angular direction--.
Claim 7 recites the limitation "said second sensor" in Line 6. There is insufficient antecedent basis for this limitation in the claim. Therefore, for purposes of examination, the Examiner assumes that this limitation should read --a second sensor--.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-15 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Adams et al. (US 2014/0333755), hereinafter Adams.
Claim 1: Adams discloses an apparatus (1, Fig. 1) for classification of matter (3,3’,3”) in one of at least a first and a second class (inherent to “sorting”) [0001], the apparatus (1) comprising:
an irradiation arrangement (light source 4 [0036]),
a scanning element (scanning means 4 [0034]) (Examiner note: element 4 contains both the irradiation arrangement (16) and the scanning element (17), similar to the embodiments shown in Figs. 6-8),
a spectroscopy system (7) [0035] (“There are applications however, such as in Raman spectroscopy” [0066]), and
a conveyor (2) for transporting said matter (3,3’,3”) [0036],
wherein the irradiation arrangement (4) is adapted to emit at least one illumination beam (5) comprising optical radiation (“When in the inspection zone, these products 3, 3', 3'' are scanned by the focused light beam 5 provided by a light source 4” [0036]), which illumination beam (5) is configured to cause a photoexcitation event in a photo responsive portion of said matter (3,3’,3”) upon irradiation of said photo responsive portion of said matter (3,3’,3”) with said at least one illumination beam (5) (“As the scanning light beam 5 is focused, each product 3, 3', 3'' will be illuminated with the same maximal radiant flux F provided by the light source 4” [0038]),
wherein the irradiation arrangement (4) further comprises a first optical arrangement adapted to direct the at least one illumination beam (5) towards the scanning element (4) during at least a first period of time (T1) (“The focused light beam 5 moves during a scan period Tw over the width W of the product stream entering the inspection zone” [0037]),
wherein the scanning element (4) is configured to redirect the at least one illumination beam (5) along an illumination direction towards an object passing zone (“inspection zone”), such that said matter (3,3’,3”), when being transported by said conveyor (2) through said object passing zone, is irradiated at least during the first period of time (T1) by said at least one illumination beam (5) in an irradiated area (“When in the inspection zone, these products 3, 3', 3'' are scanned by the focused light beam 5 provided by a light source 4”) [0036] (“The focused light beam 5 moves during a scan period Tw over the width W of the product stream entering the inspection zone” [0037]),
wherein the spectroscopy system (7) comprises a sensor arrangement comprising one or more sensors (9) which sensor arrangement is adapted to receive and analyze optical radiation (6) which is reflected, scattered, and/or emitted by said matter (3,3’,3”) [0035] in at least one of a plurality of inspection zones arranged sequentially in a first direction (along the x-axis) (Fig. 3) [0038],
wherein
a first inspection zone (top rectangle) of the plurality of inspection zones substantially coincides with the irradiated area ([Symbol font/0x44]x3) during said first period of time ([Symbol font/0x44]t3) (“At moment t3 product 3 will receive substantially all of the radiant flux F of the focused light beam while other products 3', 3'' in the product stream are essentially not illuminated” [0038]),
a second inspection zone (middle rectangle, [Symbol font/0x44]x3’) of the plurality of inspection zones is arranged subsequent to the first inspection zone ([Symbol font/0x44]x3) with respect to the first direction (“Next, at moment t3' product 3' will receive substantially all of the radiant flux F of the focused light beam while other products 3, 3'' in the product stream are essentially not illuminated” [0038]), and
a third inspection zone (bottom rectangle, [Symbol font/0x44]x3”) of the plurality of inspection zones is arranged subsequent to the second inspection zone ([Symbol font/0x44]x3’) with respect to the first direction (“Next, at moment t3'' product 3'' will receive substantially all of the radiant flux F of the focused light beam 5 while other products 3, 3' in the product stream are essentially not illuminated” [0038]), and
wherein the scanning element (4) is further adapted to shift said plurality of inspection zones and said illumination direction relative said matter (3,3’,3”) in the first direction (along the x-axis), such that the second inspection zone ([Symbol font/0x44]x3’) during a second period of time ([Symbol font/0x44]t3’) after said first period of time ([Symbol font/0x44]t3), substantially coincides with the first inspection zone ([Symbol font/0x44]x3) previous to said shift [0038] (evident from Figs. 2-3), and
wherein the scanning element (4) is further adapted to shift said plurality of inspection zones and said irradiated area relative said matter (3,3’,3”) in the first direction, such that the third inspection zone ([Symbol font/0x44]x3”) during a third period of time ([Symbol font/0x44]t3”) after said second period of time ([Symbol font/0x44]t3’), substantially coincides with the second inspection zone ([Symbol font/0x44]x3’) previous to said shift [0038] (evident from Figs. 2-3),
wherein said spectroscopy system (7) further comprises optical elements (inherent to a camera/spectroscope) [0036], which optical elements are configured to receive, via said scanning element (4):
during said second period of time ([Symbol font/0x44]t3’) optical radiation (6) being emitted by said matter (3,3’,3”) in the second inspection zone, which optical radiation (6) pertains to a phosphorescence event (“Depending on its optical properties the scanned product 3 can also absorb, re-emit or transmit the incoming light 5” [0069]) resulting from the photoexcitation event in the first inspection zone during said first period of time ([Symbol font/0x44]t3) (“This is illustrated by the 3 upper curves in FIG. 3 giving the radiant flux F in a particular section [Symbol font/0x44]xi along the width of the product stream during a given delta time [Symbol font/0x44]ti” [0038]) [0039],
during said third period of time ([Symbol font/0x44]t3”) optical radiation (6) being emitted by said matter (3,3’,3”) in the third inspection zone, which optical radiation (6) pertains to a phosphorescence event (“Depending on its optical properties the scanned product 3 can also absorb, re-emit or transmit the incoming light 5” [0069]) resulting from the photoexcitation event in the first inspection zone during said first period of time ([Symbol font/0x44]t3) (“This is illustrated by the 3 upper curves in FIG. 3 giving the radiant flux F in a particular section [Symbol font/0x44]xi along the width of the product stream during a given delta time [Symbol font/0x44]ti” [0038]), and are configured to redirect said received optical radiation to at least one of said one or more sensors (9) [0039],
wherein the sensor arrangement further comprises a processing circuitry (12) configured to execute:
a second zone collection function configured to collect second zone data based on at least one sensor signal from said one or more sensors (9) (“a known correlation between the exposure time and the total scan time can be exploited: for each point of the scanned width (W), the number of exposures to the scanning beam is known in advance, and can thus be taken into account when the information contained in the reflected light is processed” [0047]), which at least one sensor signal pertains to said optical radiation (6) emitted by said matter (3’) in the second inspection zone ([Symbol font/0x44]x3’) (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
a third zone collection function configured to collect third zone data based on at least one sensor signal from said one or more sensors (9) (“a known correlation between the exposure time and the total scan time can be exploited: for each point of the scanned width (W), the number of exposures to the scanning beam is known in advance, and can thus be taken into account when the information contained in the reflected light is processed” [0047]), which at least one sensor signal pertains to said optical radiation (6) emitted by said matter (3”) in the third inspection zone ([Symbol font/0x44]x3”) (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
a classification function configured to classify said matter (3,3’,3”) based on the second zone data and the third zone data (“Upon this analysis the scanned products can be sorted into at least two product streams” [0055]), and
an output function configured to output a classification signal assigning said one of at least a first and a second class (“product streams”) to said matter (3,3’,3”) based on the output of said classification function (“Upon this analysis the scanned products can be sorted into at least two product streams” [0055]).
Adams does not explicitly disclose the speed of the conveyor transports the matter.
However, Applicant has provided no criticality for this range of conveyor speed, disclosing only “thereby causing a photoexcitation event in a photo responsive portion of said matter”. “Determining where in a disclosed set of percentage ranges the optimum combination of percentages lies is prima facie obvious.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); see also In re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997) (“[I]t is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1995)).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Adams’ conveyor to move at a certain speed, such as in the range of 0.4-20 m/s, for the purpose of allowing efficient scanning and classifying of the matter.
Claim 2: Adams further discloses wherein said scanning element (4) and said optical elements are further configured to receive and redirect optical radiation from at least said second and third inspection zones ([Symbol font/0x44]x3,[Symbol font/0x44]x3’) towards said sensor arrangement simultaneously at least during said second and third time interval ([Symbol font/0x44]t3,[Symbol font/0x44]t3’) [0039], and
wherein said sensor arrangement comprises at least one sensor array (9, Fig. 3), wherein each one of said at least one sensor array (9) has a plurality of sensor pixels, wherein said at least one sensor array (9) is arranged such that optical radiation reflected, scattered and/or emitted by said matter (3,3’,3”) in a respective inspection zone ([Symbol font/0x44]xi) is received on a respective set of sensor pixels of said at least one sensor array (9), wherein the pixels of said respective sets of sensor pixels are different or only partly overlapping [0039].
Claim 3: Adams further discloses wherein the optical elements are further configured to receive, via said scanning element (4):
during said first period of time ([Symbol font/0x44]t3), optical radiation pertaining to said at least one illumination beam being reflected and/or scattered by said matter (3) in said first inspection zone ([Symbol font/0x44]x3) [0039]; and
wherein said processing circuitry (12) is further configured to execute:
a first zone collection function configured to collect first zone data based on at least one sensor signal from said one or more sensors (9) (“a known correlation between the exposure time and the total scan time can be exploited: for each point of the scanned width (W), the number of exposures to the scanning beam is known in advance, and can thus be taken into account when the information contained in the reflected light is processed” [0047]), which sensor signal pertains to said optical radiation (6) reflected, scattered and/or emitted by said matter (3) in the first inspection zone ([Symbol font/0x44]x3) (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]); and
said classification function is further configured to classify said matter (3,3’,3”) based on also the first zone data (“Upon this analysis the scanned products can be sorted into at least two product streams” [0055]).
Claim 4: Adams further discloses wherein a fluorescing portion of said photo responsive portion of said matter (3,3’,3”) emits optical radiation (6) upon irradiation with said at least one illumination beam (5) in said first inspection zone ([Symbol font/0x44]x3), said optical radiation (6) pertaining to a fluorescence event and comprising optical radiation within one or more wavelength bands, and wherein each piece of matter (3,3’,3”) in said fluorescing portion of photo responsive portion of said matter (3,3’,3”) emits radiation within at least one wavelength band of said one or more wavelength bands upon irradiation with said at least one illumination beam (5) [0069], and
wherein said at least one illumination beam is substantially free of optical radiation within said one or more wavelength bands (inherent to fluorescence).
Claim 5: Adams further discloses wherein said scanning element (4) is a polygon mirror (17, Fig. 7) configured to rotate in a first angular direction (clockwise) around an axis of rotation, which polygon mirror (17) comprises a set of reflective surfaces arranged one after another around said axis of rotation (“rotating polygonal mirror 17” [0059]), and
wherein each reflective surface in said set of reflective surfaces is configured to receive optical radiation from said first, second, and third inspection zones ([Symbol font/0x44]x3,[Symbol font/0x44]x3’,[Symbol font/0x44]x3”) at least during a respective one of three consecutive time periods ([Symbol font/0x44]t3,[Symbol font/0x44]t3’,[Symbol font/0x44]t3”) (“In operation, this laser beam 5 is guided via a rotating polygonal mirror 17 over the product stream such that the light beam 5 scans over an angular range θ at least comprising the product stream” [0057]).
Claim 6: Adams further discloses wherein said sensor arrangement (Fig. 3) comprises a first sensor (9) and a first diffraction element (inherent to a camera/spectroscope) [0036] and a second sensor (9) and a second diffraction element (inherent to a camera/spectroscope) [0036] (“Light 6 returned from the scanned products is directly received, i.e. without being reflected or handled by the scanning light source 4, by a camera 7 comprising at least one line of photosensitive elements 9” [0039]), and the optical elements are configured to:
direct optical radiation within a first wavelength range to only said first diffraction grating and only said first sensor (9) of said first and second diffraction gratings and said first and second sensors (9) (inherent to a spectroscope functions) [0036], and
direct said optical radiation within a second wavelength range to only said second diffraction grating and only said second sensor (9) of said first and second diffraction gratings and said first and second sensors (9) (inherent to a spectroscope functions) [0036],
wherein said first and second wavelength ranges are the same, different or only partially overlapping [0039].
Claim 7: Adams further discloses wherein the sensor arrangement comprises a first sensor (9), and the optical elements are configured to:
direct optical radiation within a first wavelength range to said first sensor (9) during a first instance in time (inherent to a spectroscope functions) [0036], and
direct said optical radiation within a second wavelength range to a second sensor during a second instance in time (inherent to a spectroscope functions) [0036], which second instance in time is different from said first instance in time (evident from Fig. 3),
wherein said first and second wavelength ranges are different or only partially overlapping [0039].
Claim 8: Adams does not explicitly disclose wherein the irradiation arrangement comprises at least two irradiation arrangements.
However, Adams does disclose “at least one light source 4 for generating a scanning focused light beam 5, the light beam 5 having (a) predetermined wavelength(s)” [0057].
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Adams’ irradiation arrangement to comprise at least two irradiation arrangements for the purpose of using a single wavelength illumination source, such as a laser, for each, to allow for interrogation of the matter to be more easily customized.
In Adams’ modified apparatus, it is evident then that the optical axis of the at least two irradiation arrangements is incident on said scanning element (4) from different directions, wherein each of the at least two irradiation arrangements is adapted to emit optical radiation in different or only partially overlapping wavelength ranges, wherein the optical radiation in different or only partially wavelength ranges are emitted simultaneously or sequentially [0057].
Claim 9: Adams further disclose wherein the irradiation arrangement (4) comprises at least one irradiation arrangement, which is adapted to emit optical radiation in different or only partially overlapping wavelength ranges at different points in time (“at least one light source 4 for generating a scanning focused light beam 5, the light beam 5 having (a) predetermined wavelength(s)” [0057]).
Claim 10: Adams further discloses wherein one of said one or more sensors (9) comprises a sensor array (evident from Fig. 3), which sensor array has a plurality of sensor pixels, which plurality of sensor pixels is arranged such that optical radiation reflected, scattered and/or emitted by said matter (3’) in the second inspection zone ([Symbol font/0x44]x3’) is received on a second set of sensor pixels of said sensor array (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]), and optical radiation emitted by said matter (3”) in the third inspection zone ([Symbol font/0x44]x3”) is simultaneously received on a third set of sensor pixels of said sensor array (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
wherein the pixels of said first and second set of sensor pixels are different or only partly the same (evident from Fig. 3).
Claim 11: Adams further discloses wherein said scanning element (4) and said optical elements are further configured to receive and redirect optical radiation from at least said second and third inspection zones ([Symbol font/0x44]x3’,[Symbol font/0x44]x3”) towards said sensor arrangement simultaneously at least during said second and third time interval ([Symbol font/0x44]t3’,[Symbol font/0x44]t3”) [0039], and
wherein said sensor arrangement comprises at least one sensor array (9), wherein each one of said at least one sensor array has a plurality of sensor pixels, wherein said at least one sensor array (9) is arranged such that optical radiation reflected, scattered and/or emitted by said matter (3,3’,3”) in a respective inspection zone ([Symbol font/0x44]xi) is received on a respective set of sensor pixels (9) of said at least one sensor array (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
wherein the pixels of said respective sets of sensor pixels are different or only partly overlapping (evident from Fig. 3),
wherein said plurality of sensor pixels are further arranged such that optical radiation emitted by said matter (3) in the first inspection zone ([Symbol font/0x44]x3) is received on a first set of sensor pixels of said sensor array (9), the pixels of said first set of pixels are different from or only partly overlapping said first and second set of sensor pixels (evident from Fig. 3).
Claim 12: Adams further discloses wherein said apparatus (1) comprises a further sensor arrangement (20, Fig. 7) adapted to receive and analyze optical radiation (6) which is reflected and/or scattered by said matter (3,3’,3”) in the irradiated area [0059].
Claim 13: Adams discloses a method (using apparatus 1 of Fig. 1) for classification of matter (3,3’,3”) in one of at least a first and a second class (inherent to “sorting”) [0001], said matter (3,3’,3”) transported in bulk, the method comprising:
emitting and directing at least one illumination beam (5) comprising optical radiation towards an object passing zone (“When in the inspection zone, these products 3, 3', 3'' are scanned by the focused light beam 5 provided by a light source 4” [0036]),
irradiating an irradiated area of said matter (3,3’,3”) with said at least one illumination beam (5) at an a least first instance in time and during at least a first time period (T1) (“The focused light beam 5 moves during a scan period Tw over the width W of the product stream entering the inspection zone” [0037]), said matter (3,3’,3”) being transported by a conveyor (2) [0036], thereby causing a photoexcitation event in a photo responsive portion of said matter (3,3’,3”) (“As the scanning light beam 5 is focused, each product 3, 3', 3'' will be illuminated with the same maximal radiant flux F provided by the light source 4” [0038]),
directing optical radiation via a scanning element (4) towards one or more sensors (9) of a sensor arrangement, which optical radiation is scattered and/or emitted by said matter (3,3’,3”) [0035] in at least one of a plurality of inspection zones, which inspection zones are arranged sequentially in a first direction (along the x-axis) (Fig. 3) [0038], wherein a first inspection zone (top rectangle) of the plurality of inspection zones substantially coincides with the irradiated area ([Symbol font/0x44]x3) (“At moment t3 product 3 will receive substantially all of the radiant flux F of the focused light beam while other products 3', 3'' in the product stream are essentially not illuminated” [0038]), and wherein a second inspection zone (middle rectangle, [Symbol font/0x44]x3’) of the plurality of inspection zones is arranged subsequent to the first inspection zone ([Symbol font/0x44]x3) with respect to the first direction (“Next, at moment t3' product 3' will receive substantially all of the radiant flux F of the focused light beam while other products 3, 3'' in the product stream are essentially not illuminated” [0038]),
shifting, by said scanning element (4), said plurality of inspection zones and said irradiated area relative said matter (3,3’,3”) in the first direction (along the x-axis), such that the second inspection zone ([Symbol font/0x44]x3’) at a second instance in time after said first period of time (T1) substantially coincides with the first inspection zone ([Symbol font/0x44]x3) at said first instance in time [0038] (evident from Figs. 2-3),
thereafter receiving, by the sensor arrangement, optical radiation (6) emitted by said matter (3,3’,3”) in the second inspection zone ([Symbol font/0x44]x3’) during a second period of time ([Symbol font/0x44]t3’), said optical radiation (6) emitted by said matter (3,3’,3”) in the second inspection zone ([Symbol font/0x44]x3’) pertaining to a phosphorescence event resulting from the photoexcitation event (“Depending on its optical properties the scanned product 3 can also absorb, re-emit or transmit the incoming light 5” [0069]) (“This is illustrated by the 3 upper curves in FIG. 3 giving the radiant flux F in a particular section [Symbol font/0x44]xi along the width of the product stream during a given delta time [Symbol font/0x44]ti” [0038]) [0039],
collecting first phosphorescence data associated with the received light emitted by said matter (3,3’,3”) in the second inspection zone ([Symbol font/0x44]x3’) during said second period of time ([Symbol font/0x44]t3’) (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
shifting, by said scanning element (4), said plurality of inspection zones and said irradiated area relative said matter (3,3’,3”) in the first direction (along the x-axis), such that the third inspection zone ([Symbol font/0x44]x3”) at a third instance in time after said second period of time ([Symbol font/0x44]t3’) substantially coincides with the second inspection zone ([Symbol font/0x44]x3’) at said second instance in time [0038] (evident from Figs. 2-3),
thereafter receiving, by the sensor arrangement, optical radiation emitted by said matter (3,3’,3”) in the third inspection zone ([Symbol font/0x44]x3”) during a third period of time, said optical radiation (6) emitted by said matter (3,3’,3”) in the third inspection zone ([Symbol font/0x44]x3”) pertaining to a phosphorescence event (“Depending on its optical properties the scanned product 3 can also absorb, re-emit or transmit the incoming light 5” [0069]) resulting from the photoexcitation event (“This is illustrated by the 3 upper curves in FIG. 3 giving the radiant flux F in a particular section [Symbol font/0x44]xi along the width of the product stream during a given delta time [Symbol font/0x44]ti” [0038]),
collecting second phosphorescence data associated with the received light emitted by said matter (3,3’,3”) in the third inspection zone ([Symbol font/0x44]x3”) during said third period of time ([Symbol font/0x44]t3”) (“Each pixel 9 in a line of sensors of the camera 7 is allocated to a particular section [Symbol font/0x44]xi along the width W of the product stream” [0039]),
classifying, by a processing circuitry, said matter (3,3’,3”) based on the second zone data and the third zone data (“Upon this analysis the scanned products can be sorted into at least two product streams” [0055]), and
outputting, by the processing circuitry (12), a classification signal assigning one of said at least a first and a second class (“product streams”) to said matter (3,3’,3”) based on the result of said classifying.
Adams does not explicitly disclose the speed of the conveyor transports the matter (3,3’,3”) (“Upon this analysis the scanned products can be sorted into at least two product streams” [0055]).
However, Applicant has provided no criticality for this range of conveyor speed, disclosing only “thereby causing a photoexcitation event in a photo responsive portion of said matter”. “Determining where in a disclosed set of percentage ranges the optimum combination of percentages lies is prima facie obvious.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003); see also In re Geisler, 116 F.3d 1465, 1470, 43 USPQ2d 1362, 1365 (Fed. Cir. 1997) (“[I]t is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1995)).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Adams’ conveyor to move at a certain speed, such as in the range of 0.4-20 m/s, for the purpose of allowing efficient scanning and classifying of the matter.
Claim 14:Adams further discloses receiving, at said one or more sensors (9) of said sensor arrangement during at least said first period of time ([Symbol font/0x44]t3), optical radiation (6) reflected, scattered and/or emitted by said matter (3) in the first inspection zone ([Symbol font/0x44]x3) [0039], said optical radiation (6) reflected and/or scattered by said matter (3) in the first inspection zone ([Symbol font/0x44]x3) pertaining to said at least one illumination beam (5) [0039], and said optical radiation (6) emitted by said matter (3) in the first inspection zone ([Symbol font/0x44]x3) pertaining to a fluorescence event resulting from said photoexcitation event (“Depending on its optical properties the scanned product 3 can also absorb, re-emit or transmit the incoming light 5” [0069]), and
collecting first zone data associated with the received optical radiation reflected, scattered and/or emitted by said matter in the first inspection area at least during said first period of time.
Claim 15: Adams further discloses wherein the first zone data is a representation of at least a first spectrum [0062], and wherein classifying said matter (3) comprises determining a wavelength distribution of the first spectrum [0088].
Claim 21: Adams further discloses wherein the at least one illumination beam (5) causing the photoexcitation event comprises optical radiation within the ultraviolet and/or visible wavelength range (“When in the inspection zone, these products 3, 3', 3'' are scanned by the focused light beam 5 provided by a light source 4” [0036]).
Claim 22: Adams further discloses wherein said emitting and directing at least one illumination beam (5) comprises emitting and directing at least one illumination beam (5) comprising optical radiation within one or a combination of the ultraviolet, visible, near infrared and infrared wavelength range (“When in the inspection zone, these products 3, 3', 3'' are scanned by the focused light beam 5 provided by a light source 4” [0036]).
Claim 23: Adams further discloses wherein the sensor arrangement comprises:
a first sensor configured to detect optical radiation within the ultraviolet and/or visible wavelength range (“Visible light can be detected by Si-based sensors such as photomultipliers, CMOS (drain junction diode) or CCD (charge coupled devices) camera's [sic]” [0074]); and
a second sensor configured to detect optical radiation within the near infrared and/or infrared light wavelength range (“Infrared light can be detected by different sensors each covering a part of the infrared light spectrum such as doped or undoped Si-based sensors, InGaAs-based sensors, InSb-based sensors, HgCdTe-based sensors, PbSe-based sensors” [0074]).
Allowable Subject Matter
Claims 17-20 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:
Claim 17: None of the prior art, alone or in combination, teaches or discloses the method according to claim 13, wherein classifying said matter comprises determining a raise time and/or a decay time of the phosphorescence event.
Claims 18-19: None of the prior art, alone or in combination, teaches or discloses the method according to claim 13, wherein classifying said matter further comprises classifying said matter based on:
at least one property relating to the phosphorescence event of said matter, and
at least one property relating to a respective one of the color, the transmission, the reflectivity and the fluorescence of said matter.
Claim 20: None of the prior art, alone or in combination, teaches or discloses the method according to claim 13, wherein said classifying further comprises:
determining by means of at least one of image processing and spectrum processing whether said matter is provided with a phosphorus marker; and/or
identifying one or a plurality of materials making up said matter e.g. by means of spectrum processing; and/or
upon determining a plurality of materials making up one piece of matter, determining if the combination of these materials is acceptable or non-acceptable.
Claim 16 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Claim 1: Fey et al. (DE 19816881) disclose an apparatus (Figs. 1-2) for classification of matter (3) in one of at least a first and a second class [0006,0014], the apparatus comprising:
an irradiation arrangement (1) [0014],
a scanning element (polygon wheel 18, Fig. 2) [0015],
a spectroscopy system (11) [0014], and
a conveyor (6) for transporting said matter (3) [0014],
wherein the irradiation arrangement (1) is adapted to emit at least one illumination beam (4) comprising optical radiation, which illumination beam (4) is configured to cause a photoexcitation event (fluorescence 10) in a photo responsive portion of said matter (3) upon irradiation of said photo responsive portion of said matter (3) with said at least one illumination beam (4) [0014],
wherein the irradiation arrangement (14, Fig. 2) further comprises a first optical arrangement (reflector 17) adapted to direct the at least one illumination beam (15) towards the scanning element (18) during at least a first period of time [0015],
wherein the scanning element (18) is configured to redirect the at least one illumination beam (15) along an illumination direction towards an object passing zone, such that said matter, when being transported by said conveyor at through said object passing zone, is irradiated at least during a first time period by said at least one illumination beam in an irradiated area (“The end faces (19) of the polygon wheel (18)… guide the laser beam (20)… which causes a
line-shaped laser beam scanning (9) of the test item (3) on the conveyor belt (6) according to
Fig. 1”) [0015],
wherein the spectroscopy system (11) comprises a sensor arrangement comprising one or more sensors which sensor arrangement is adapted to receive and analyze optical radiation (10) which is reflected, scattered, and/or emitted by said matter (3) (“The secondary light (10) generated by… fluorescence… is detected by the optical system (2)… and fed to a spectrometer (11)” [0014]).
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to HINA F AYUB whose telephone number is (571)270-3171. The Examiner can normally be reached on 9am-5pm ET Mon-Fri.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Tarifur Chowdhury can be reached on 571-272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Hina F Ayub/
Primary Patent Examiner
Art Unit 2877