Prosecution Insights
Last updated: April 19, 2026
Application No. 18/715,364

APPARATUS FOR ILLUMINATING MATTER

Non-Final OA §103§112
Filed
May 31, 2024
Examiner
DEVINE, MOLLY K
Art Unit
3653
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tomra Sorting GmbH
OA Round
3 (Non-Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
145 granted / 216 resolved
+15.1% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
42 currently pending
Career history
258
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
18.3%
-21.7% vs TC avg
§112
26.9%
-13.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 216 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 28th, 2025 has been entered. Response to Amendment The amendment filed September 2nd, 2025 has been entered. Claims 1-3, 5, 8, 10 and 12-13 have been amended. Claims 1-3 and 5-13 remain pending. Applicant’s amendments to the claims overcome the objections and most of the 112(b) rejections previously set forth in the Final Office Action mailed July 2nd, 2025. Claim Objections Claim 2 is objected to because of the following informalities: In claim 2, “wherein said guiding elements is configured” should read “wherein said guiding elements are configured” 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 8-11 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. Claim 8 recites the limitation "the sensor system". There is insufficient antecedent basis for this limitation in the claim. Claims 9-11 are rejected as they are dependent upon a previously rejected claim. 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 1-3, 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Balthasar et al. (US 2014/0362382) in view of Kazuhiro (JP 2015225992) and further in view of Koitabashi (JP H09129018). English translations of Koitabashi (JP H09129018) have been provided. Regarding claim 1, Balthasar et al. (US 2014/0362382) teaches an apparatus for detecting matter (Paragraph 0002 lines 1-3), the apparatus comprising: an irradiation arrangement (Fig. 1 #14a, 14b), which comprises a first illumination device (Fig. 1 #14a) adapted to emit a first set of illumination beams (Fig. 1 #16a) and a second illumination device (Fig. 1 #14b) adapted to emit a second set of illumination beams (Fig. 1 #16b), wherein each one of said first and second illumination devices (Fig. 1 #14a, 14b) is selected from a group comprising halogen illumination devices, Xenon arc illumination devices and LED illumination devices (Paragraph 0036 line 1-Paragraph 0037 line 10), a scanning element (Fig. 1 #20), an optical arrangement (Fig. 1 #18a, 18b), adapted to receive and direct at least one of said first and second sets of illumination beams towards said scanning element (Fig. 1 #18a, 18b receive and direct #16a, 16b towards #20), wherein the scanning element (Fig. 1 #20) is configured to redirect only one of said first and second sets of illumination beams towards a first detection zone through which the matter is provided (Paragraph 0042 lines 1-8), a detector system (Fig. 1 #26) including at least one sensor arrangement adapted to receive and analyse optical radiation which optical radiation is reflected, emitted and/or scattered by matter in the first detection zone (Paragraph 0040 lines 1-4), in response to said matter being irradiated by one of said first and second set of illumination beams (Paragraph 0042 lines 18-25), and a reference arrangement comprising a white reference element (Fig. 7 #52, Paragraph 0048 lines 1-2), which reference arrangement is adapted to receive optical radiation from at least one of said first illumination device and said second illumination device and adapted to direct said received optical radiation towards said detector system via said white reference element (Paragraph 0048 lines 7-10). Balthasar et al. (US 2014/0362382) lacks teaching wherein said irradiation arrangement further comprises an active illumination position and a least one in-active illumination position, and an automated or semiautomated switching device comprising: - a carrier having a first receiving portion for receiving and holding said first illumination device, and a second receiving portion for receiving and holding said second illumination device, and wherein said carrier is movable between a first position, wherein said first receiving portion holds said first illumination device in said active illumination position and said second receiving portion holds said second illumination device in one of said at least one in- active illumination position, and a second position wherein said first receiving portion holds said first illumination device in one of said at least one in-active illumination position and said second receiving portion holds said second illumination device in said active illumination position, and wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position, - guiding elements configured to guide the movement of said carrier from said first position to said second position, - an actuator for physically moving said carrier from said first position to said second position based on the condition of said first illumination device and/or in response to a user-initiated input, and - a positioning element for preventing said actuator from moving said carrier beyond said first and/or second position. Kazuhiro (JP 2015225992) teaches an apparatus for detecting matter (Paragraph 0028 lines 1-4), the apparatus comprising: an irradiation arrangement (Fig. 10 #31A-E), wherein said irradiation arrangement further comprises an active illumination position (Fig. 9 #31 positioned at #40) and a least one in-active illumination position (Fig. 9 #31 positioned away from #40, Paragraph 0061 lines 1-6), and an automated or semiautomated switching device (Paragraph 0060 lines 2-8) comprising: - a carrier (Fig. 10 #32’) having a first receiving portion (Fig. 10 #321’) for receiving and holding said first illumination device (Fig. 10 #321’ holding #31A), and a second receiving portion for receiving and holding said second illumination device (Fig. 10 #321’ holding #31B), and wherein said carrier is movable (Paragraph 0064 lines 4-9) between a first position, wherein said first receiving portion holds said first illumination device in said active illumination position (Fig. 10 positioning #321’ which holds #31A at #40) and said second receiving portion holds said second illumination device in one of said at least one in-active illumination position (Fig. 10 positioning #321’ which holds #31B away from #40), and a second position wherein said first receiving portion holds said first illumination device in one of said at least one in-active illumination position (Fig. 10 positioning #321’ which holds #31A away from #40) and said second receiving portion holds said second illumination device in said active illumination position (Fig. 10 positioning #321’ which holds #31B at #40), and wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first and second illumination devices (Fig. 10 #31A, 31B) arranged in said active illumination position (Paragraph 0061 lines 1-6), - guiding elements (Fig. 10 #322’) configured to guide the movement of said carrier from said first position to said second position (Paragraph 0060 lines 1-4), - an actuator (Fig. 10 #35’) for physically moving said carrier (Fig. 10 #32’) from said first position to said second position based on the condition of said first illumination device (Paragraph 0060 lines 1-8, Paragraph 0064 lines 1-7) and/or in response to a user-initiated input, and - a positioning element (Fig. 10 #38’) for preventing said actuator from moving said carrier (Fig. 10 #32’) beyond said first and/or second position (Paragraph 0060 lines 3-8). Kazuhiro (JP 2015225992) explains that this configuration extends the life of the device by switching between multiple light source units and causing them to emit light with simple configuration (Paragraph 0009 lines 1-3, Paragraph 0065 lines 1-2), further, since there is no need to replace the entire light source unit, no maintenance costs are incurred for adjusting the irradiation position of the light, and there is no need to incur unnecessary costs for replacing the scanning unit, which does not actually need replacing, together with the light source unit (Paragraph 0023 lines 1-8). Kazuhiro (JP 2015225992) explains that a drive control unit drives and controls the motor to move the light source holding member (carrier) in the longitudinal direction by a target movement amount (Paragraph 0060 lines 1-8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein said irradiation arrangement further comprises an active illumination position and a least one in-active illumination position, and an automated or semiautomated switching device comprising: - a carrier having a first receiving portion for receiving and holding said first illumination device, and a second receiving portion for receiving and holding said second illumination device, and wherein said carrier is movable between a first position, wherein said first receiving portion holds said first illumination device in said active illumination position and said second receiving portion holds said second illumination device in one of said at least one in- active illumination position, and a second position wherein said first receiving portion holds said first illumination device in one of said at least one in-active illumination position and said second receiving portion holds said second illumination device in said active illumination position, and wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position, - guiding elements configured to guide the movement of said carrier from said first position to said second position, - an actuator for physically moving said carrier from said first position to said second position based on the condition of said first illumination device and/or in response to a user-initiated input, and - a positioning element for preventing said actuator from moving said carrier beyond said first and/or second position as taught by Kazuhiro (JP 2015225992) in order to extend the life of the irradiation arrangement and prevent unnecessary costs associated with replacing the irradiation arrangement, and to control the amount of movement of the carrier. Balthasar et al. (US 2014/0362382) lacks teaching wherein said one of said at least one in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in said illumination position. Koitabashi (JP H09129018) teaches an apparatus for detecting matter (Paragraph 0002 lines 1-6), wherein said irradiation arrangement (Fig. 3 #11a-11f) further comprises an active illumination position (Fig. 2 #11a positioned along #9) and a least one in-active illumination position (Fig. 2 #11b-11f not positioned along #9), wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first (Fig. 3 #11a) and second illumination devices (Fig. 3 #11b) arranged in said active illumination position (Paragraph 0021 lines 2-6, Paragraph 0026 lines 4-10), and wherein said one of said at least one in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in said illumination position (Paragraph 0027 lines 1-2, Paragraph 0028 lines 1-3). Koitabashi (JP H09129018) explains that when a first lamp burns out, the first lamp is switched into an in-active position and a second lamp is switched into the active position (Paragraph 0026 lines 4-10), and states that by repeating this operation every time a lamp burns out, the lamp can be replaced with a new lamp (Paragraph 0027 lines 1-2). Koitabashi (JP H09129018) explains that even when an illumination light supply lamp with a short life is used, the lamp can be quickly replaced every time the lamp burns out, allowing for long-term normal use (Paragraph 0028 lines 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein said one of said at least one in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in said illumination position as taught by Koitabashi (JP H09129018) in order to replace a burnt out illumination device with a new illumination device without causing interruptions, therefore allowing for long-term use of the irradiation arrangement regardless of the life of each illumination device. Regarding claim 2, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 1, wherein said irradiation arrangement comprises a first in-active illumination position and a second in-active illumination position, said second illumination device is arranged in said first in-active illumination position when said carrier is arranged in said first position, said first illumination device is arranged in said second in-active illumination position when said carrier is arranged in said second position, and said active illumination position is arranged between said first and second in-active illumination positions in a direction (A) along said guiding elements and/or wherein said guiding elements is configured for guiding said carrier along a linear path from said first position to said second position, Kazuhiro (JP 2015225992) teaches an apparatus for detecting matter (Paragraph 0028 lines 1-4), wherein said irradiation arrangement (Fig. 10 #31A-E) comprises a first in-active illumination position (Fig. 9 position of #31 left of #40) and a second in-active illumination position (Fig. 9 position of #31 right of #40), said second illumination device is arranged in said first in-active illumination position when said carrier is arranged in said first position (Fig. 10 #31B positioned in position left of #40 when #31A is positioned at #40), said first illumination device is arranged in said second in-active illumination position when said carrier is arranged in said second position (Fig. 10 #31A positioned in position right of #40 when #31B is positioned at #40), and said active illumination position (Fig. 9 position of #31 at #40) is arranged between said first and second in-active illumination positions (Fig. 9 position of #31 at 40 is between position of #31 to the left and to the right of #40) in a direction (A) along said guiding elements (Fig. 10 see arrows along direction of #322’) and/or wherein said guiding elements is configured for guiding said carrier (Fig. 10 #322’ configured for guiding #32’) along a linear path from said first position to said second position (Paragraph 0060 lines 1-8). Kazuhiro (JP 2015225992) explains that this configuration extends the life of the device by switching between multiple light source units and causing them to emit light with simple configuration (Paragraph 0009 lines 1-3, Paragraph 0065 lines 1-2), further, since there is no need to replace the entire light source unit, no maintenance costs are incurred for adjusting the irradiation position of the light, and there is no need to incur unnecessary costs for replacing the scanning unit, which does not actually need replacing, together with the light source unit (Paragraph 0023 lines 1-8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein said irradiation arrangement comprises a first in-active illumination position and a second in-active illumination position, said second illumination device is arranged in said first in-active illumination position when said carrier is arranged in said first position, said first illumination device is arranged in said second in-active illumination position when said carrier is arranged in said second position, and said active illumination position is arranged between said first and second in-active illumination positions in a direction (A) along said guiding elements and/or wherein said guiding elements is configured for guiding said carrier along a linear path from said first position to said second position as taught by Kazuhiro (JP 2015225992) in order to extend the life of the irradiation arrangement and prevent unnecessary costs associated with replacing the irradiation arrangement. Regarding claim 3, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 2, wherein said switching device further comprises one or more guiding elements for guiding said carrier along a linear path from said first position to said second position and wherein said guiding element comprises one or more guiding rails and at least one connector, wherein the at least one connector connects said carrier to said one or more guiding rails. Kazuhiro (JP 2015225992) teaches an apparatus for detecting matter (Paragraph 0028 lines 1-4), wherein said switching device further comprises one or more guiding elements (Fig. 10 #322’) for guiding said carrier (Fig. 10 #32’) along a linear path from said first position to said second position (Paragraph 0060 lines 1-8) and wherein said guiding element (Fig. 10 #322’) comprises one or more guiding rails (Fig. 10 rail formed by #322’ along bottom of #32’) and at least one connector (Paragraph 0058 lines 3-4), wherein the at least one connector connects said carrier to said one or more guiding rails (Fig. 10 #322’ connected to #32’, Paragraph 0058 lines 3-4). Kazuhiro (JP 2015225992) explains that this configuration extends the life of the device by switching between multiple light source units and causing them to emit light with simple configuration (Paragraph 0009 lines 1-3, Paragraph 0065 lines 1-2), further, since there is no need to replace the light source unit, no maintenance costs are incurred for adjusting the irradiation position of the light, and there is no need to incur unnecessary costs for replacing the scanning unit, which does not actually need replacing, together with the light source unit (Paragraph 0023 lines 1-8). Kazuhiro (JP 2015225992) explains that a drive control unit drives and controls the motor to move the light source holding member (carrier) in the longitudinal direction by a target movement amount (Paragraph 0060 lines 1-8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein said switching device further comprises one or more guiding elements for guiding said carrier along a linear path from said first position to said second position and wherein said guiding element comprises one or more guiding rails and at least one connector, wherein the at least one connector connects said carrier to said one or more guiding rails as taught by Kazuhiro (JP 2015225992) in order to extend the life of the irradiation arrangement and prevent unnecessary costs associated with replacing the irradiation arrangement. Regarding claim 5, Balthasar et al. (US 2014/0362382) teaches the apparatus according to claim 1, wherein the optical arrangement (Fig. 1 #18a, 18b) further comprises a focusing arrangement (Fig. 5 #44a, 44b), wherein the focusing arrangement is adapted to direct and converge one of the first set of illumination beams (Fig. 5 #16a) and the second set of illumination beams (Fig. 5 #16b) towards the scanning element (Paragraph 0042 lines 1-5, Paragraph 0045 lines 8-15) and focus said one of the first set of illumination beams and the second set of illumination beams towards the first detection zone (Paragraph 0042 lines 12-22). Regarding claim 13, Balthasar et al. (US 2014/0362382) teaches a method for operating an apparatus for detecting matter (Paragraph 0002 lines 1-3), the apparatus comprising: an irradiation arrangement (Fig. 1 #14a, 14b), which comprises a first illumination device (Fig. 1 #14a) adapted to emit a first set of illumination beams (Fig. 1 #16a) and a second illumination device (Fig. 1 #14b) adapted to emit a second set of illumination beams (Fig. 1 #16b), wherein each one of said first and second illumination devices (Fig. 1 #14a, 14b) is selected from a group comprising halogen illumination devices, Xenon arc illumination devices and LED illumination devices (Paragraph 0036 line 1-Paragraph 0037 line 10), a scanning element (Fig. 1 #20), an optical arrangement (Fig. 1 #18a, 18b), adapted to receive and direct at least one of said first and second sets of illumination beams towards said scanning element (Fig. 1 #18a, 18b receive and direct #16a, 16b towards #20), wherein the scanning element (Fig. 1 #20) is configured to redirect said at least one of said first and second sets of illumination beams towards a first detection zone through which the matter is provided (Paragraph 0042 lines 1-8), a detector system (Fig. 1 #26) including at least one sensor arrangement adapted to receive and analyse optical radiation which optical radiation is reflected, emitted and/or scattered by matter in the first detection zone (Paragraph 0040 lines 1-4), in response to said matter being irradiated by at least one of said first and second set of illumination beams (Paragraph 0042 lines 18-25), a reference arrangement comprising a white reference element (Fig. 7 #52, Paragraph 0048 lines 1-2), which reference arrangement is adapted to receive optical radiation from at least one of said first illumination device and said second illumination device and to direct said received optical radiation towards said detector system via said white reference element (Paragraph 0048 lines 7-10), which reference arrangement is arranged up stream of said scanning element (Paragraph 0047 lines 3-9, Fig. 4 see #52 upstream #20 (#20 is not labeled in this specific figure)). Balthasar et al. (US 2014/0362382) lacks teaching the method comprising the steps of: arranging said first illumination device in an active illumination position and said second illumination device in an in-active illumination position, emitting a first set of illumination beams from said first illumination device towards said first scanning element, based on the condition of said first illumination device and/or in response to a user-initiated input initiating an automated or semiautomated switching event wherein said first illumination device is moved to an in-active illumination position and said second illumination device is moved to said active illumination position, wherein said first and second illumination devices are moved simultaneously to the respective one of an in-active illumination position and an active illumination position, wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position, preventing an actuator from moving said carrier beyond a first and/or a second position by means of at least one positioning element. Kazuhiro (JP 2015225992) teaches a method for operating an apparatus for detecting matter (Paragraph 0028 lines 1-4), the method comprising the steps of: arranging said first illumination device (Fig. 10 #31A) in an active illumination position (Fig. 10 #31A positioned at #40) and said second illumination device (Fig. 10 #31B) in an in-active illumination position (Fig. 10 #31B positioned away from #40), emitting a first set of illumination beams from said first illumination device (Fig. 10 illumination beams from #31A positioned at #40) towards said first scanning element (Fig. 9 #41), based on the condition of said first illumination device (Paragraph 0060 lines 1-8, Paragraph 0064 lines 1-7) and/or in response to a user-initiated input initiating an automated or semiautomated switching event wherein said first illumination device is moved to an in-active illumination position (Fig. 10 #31A positioned away #40, Paragraph 0064 lines 1-5) and said second illumination device is moved to said active illumination position (Fig. 10 #31B positioned at #40, Paragraph 0064 lines 1-5), wherein said first and second illumination devices (Fig. 10 #31A, 31B) are moved simultaneously to the respective one of an in-active illumination position (Fig. 9 position away from #40) and an active illumination position (Fig. 9 position at #40), wherein said irradiation arrangement (Fig. 10 #31A-E) is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position (Paragraph 0063 lines 1-9), preventing an actuator from moving said carrier (Fig. 10 #32’) beyond a first and/or a second position (Paragraph 0060 lines 3-8) by means of at least one positioning element (Fig. 10 #38’). Kazuhiro (JP 2015225992) explains that this configuration extends the life of the device by switching between multiple light source units and causing them to emit light with simple configuration (Paragraph 0009 lines 1-3, Paragraph 0065 lines 1-2), further, since there is no need to replace the entire light source unit, no maintenance costs are incurred for adjusting the irradiation position of the light, and there is no need to incur unnecessary costs for replacing the scanning unit, which does not actually need replacing, together with the light source unit (Paragraph 0023 lines 1-8). Kazuhiro (JP 2015225992) explains that a drive control unit drives and controls the motor to move the light source holding member (carrier) in the longitudinal direction by a target movement amount (Paragraph 0060 lines 1-8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include the steps of: arranging said first illumination device in an active illumination position and said second illumination device in an in-active illumination position, emitting a first set of illumination beams from said first illumination device towards said first scanning element, based on the condition of said first illumination device and/or in response to a user-initiated input initiating an automated or semiautomated switching event wherein said first illumination device is moved to an in-active illumination position and said second illumination device is moved to said active illumination position, wherein said first and second illumination devices are moved simultaneously to the respective one of an in-active illumination position and an active illumination position, wherein said irradiation arrangement is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position, preventing an actuator from moving said carrier beyond a first and/or a second position by means of at least one positioning element as taught by Kazuhiro (JP 2015225992) in order to extend the life of the irradiation arrangement and prevent unnecessary costs associated with replacing the irradiation arrangement, and to control the amount of movement of the carrier. Balthasar et al. (US 2014/0362382) lacks teaching wherein said in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in the active illumination position. Koitabashi (JP H09129018) teaches a method for operating an apparatus for detecting matter (Paragraph 0002 lines 1-6), comprising the steps of: arranging said first illumination device (Fig. 3 #11a) in an active illumination position (Fig. 2 #11a positioned along #9) and said second illumination device (Fig. 3 #11b) in an in-active illumination position (Fig. 2 #11b-11f not positioned along #9), wherein said irradiation arrangement (Fig. 3 #11a-11f) is configured to emit an illumination beam only from the one of said first and second illumination devices arranged in said active illumination position (Paragraph 0021 lines 2-6, Paragraph 0026 lines 4-10), and wherein said in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in the active illumination position (Paragraph 0027 lines 1-2, Paragraph 0028 lines 1-3). Koitabashi (JP H09129018) explains that when a first lamp burns out, the first lamp is switched into an in-active position and a second lamp is switched into the active position (Paragraph 0026 lines 4-10), and states that by repeating this operation every time a lamp burns out, the lamp can be replaced with a new lamp (Paragraph 0027 lines 1-2). Koitabashi (JP H09129018) explains that even when an illumination light supply lamp with a short life is used, the lamp can be quickly replaced every time the lamp burns out, allowing for long-term normal use (Paragraph 0028 lines 1-3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein said in-active illumination position is configured to allow for exchanging of one of said first and second illumination devices during operation of an other of said first and second illumination devices in the active illumination position as taught by Koitabashi (JP H09129018) in order to replace a burnt out illumination device with a new illumination device without causing interruptions, therefore allowing for long-term use of the irradiation arrangement regardless of the life of each illumination device. Claims 6-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Balthasar et al. (US 2014/0362382) in view of Kazuhiro (JP 2015225992), Koitabashi (JP H09129018) and further in view of Balthasar et al. (US 2016/0252461). Regarding claim 6, Balthasar et al. (US 2014/0362382) teaches the apparatus according to claim 1, wherein the detector system (Fig. 1 #26) comprises a first spectrometer system (Paragraph 0040 lines 1-4) adapted to analyse optical radiation of a first wavelength interval (Paragraph 0037 lines 5-9) and a second spectrometer system adapted to analyse optical radiation of a second wavelength interval. Balthasar et al. (US 2014/0362382) lacks teaching wherein the detector system comprises a camera based detector system. Balthasar et al. (US 2016/0252461) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-3), wherein the detector system (Fig. 1A #131, 132) comprises a camera based detector system (Fig. 1A #132, Paragraph 0040 lines 1-3). Balthasar et al. (US 2016/0252461) states that the detector comprises a CCD, and additionally or alternatively comprises a spectrometer or a sensor of a hyperspectral system (Paragraph 0040 lines 1-5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein the detector system comprises a camera based detector system as taught by Balthasar et al. (US 2016/0252461) in order to provide a detector system which is appropriate for identifying optical properties of the objects in the stream that are of interest. Regarding claim 7, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 6, wherein the detector system comprises a camera based detector system, which camera based detector system comprises a laser triangulation system including: a laser arrangement adapted to emit a line of laser light towards said first or a second detection zone through which the matter is provided, and a camera-based sensor arrangement configured to receive and analyse light which is reflected, emitted and/or scattered by matter in the first or second detection zone, wherein the received light of the camera-based sensor arrangement originating from the line of laser light. Balthasar et al. (US 2016/0252461) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-3), wherein the detector system (Fig. 1A #131, 132) comprises a camera based detector system (Fig. 1A #132, Paragraph 0040 lines 1-3), which camera based detector system comprises a laser triangulation system (Paragraph 0013 lines 1-5) including: a laser arrangement (Fig. 1a #102) adapted to emit a line of laser light (Fig. 1a #112) towards said first or a second detection zone (Fig. 1b #117) through which the matter is provided, and a camera-based sensor arrangement (Fig. 1A #132, Paragraph 0040 lines 1-3) configured to receive and analyse light which is reflected, emitted and/or scattered by matter in the first or second detection zone (Paragraph 0065 lines 5-11), wherein the received light of the camera-based sensor arrangement originating from the line of laser light (Paragraph 0066 lines 4-6). Balthasar et al. (US 2016/0252461) explains that the light sources are selected based on the optical properties of the objects in the stream of matter, and in more detail based on which optical properties of the objects in the stream that are of interest (Paragraph 0012 lines 1-4). Balthasar et al. (US 2016/0252461) states that the detector comprises a CCD, and additionally or alternatively comprises a spectrometer or a sensor of a hyperspectral system (Paragraph 0040 lines 1-5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein the detector system comprises a camera based detector system, which camera based detector system comprises a laser triangulation system including: a laser arrangement adapted to emit a line of laser light towards said first or a second detection zone through which the matter is provided, and a camera-based sensor arrangement configured to receive and analyse light which is reflected, emitted and/or scattered by matter in the first or second detection zone, wherein the received light of the camera-based sensor arrangement originating from the line of laser light as taught by Balthasar et al. (US 2016/0252461) in order to provide a light source and detector system which are appropriate for identifying optical properties of the objects in the stream that are of interest. Regarding claim 8, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 1, the apparatus further comprising a processing unit coupled to the detector system, wherein the processing unit being configured to determine a first property set pertaining to matter in the first detection zone based on an outputted signal of the sensor system. Balthasar et al. (US 2016/0252461) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-3), the apparatus further comprising a processing unit (Fig. 4 #410) coupled to the detector system (Fig. 4 #410 coupled to #131, 132), wherein the processing unit (Fig. 4 #410) being configured to determine a first property set pertaining to matter in the first detection zone based on an outputted signal of the sensor system (Paragraph 0086 lines 1-7). Balthasar et al. (US 2016/0252461) explains that a processing means is adapted to receive detection data from the first and second detector and transforms the detection data into sorting data, the sorting data may be indicative of whether the objects are to be put in a specific container or removed from the stream of matter (Paragraph 0086 lines 14). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include a processing unit coupled to the detector system, wherein the processing unit being configured to determine a first property set pertaining to matter in the first detection zone based on an outputted signal of the sensor system as taught by Balthasar et al. (US 2016/0252461) in order to transform the detection data to sorting data, wherein the sorting data indicates which objects are to be sorted. Regarding claim 9, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 8, wherein the first property set is indicative of at least one of a spectral response of the matter, a material type of the matter, a colour of the matter, a fluorescence of the matter, a ripeness of the matter, a dry matter content of matter, a water content of the matter, a fat content of the matter, an oil content of the matter, a calorific value of the matter, a presence of bones or fishbones of the matter, a presence of pest of the matter, a mineral type of the matter, an ore type of the matter, a defect level of the matter, a detection of hazardous biological materials of the matter, a presence of matter, a non-presence of matter, a detection of multilayer materials of the matter, a detection of fluorescent markers of the matter, a detection of phosphorescent markers of the matter, a quality grade of the matter, a physical structure of the surface of the matter and molecular structure of the matter. Balthasar et al. (US 2016/0252461) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-3), wherein the first property set (Paragraph 0086 lines 3-10) is indicative of at least one of a spectral response of the matter (Paragraph 0040 lines 1-5), a material type of the matter, a colour of the matter (Paragraph 0040 lines 1-5), a fluorescence of the matter, a ripeness of the matter, a dry matter content of matter, a water content of the matter, a fat content of the matter, an oil content of the matter, a calorific value of the matter, a presence of bones or fishbones of the matter, a presence of pest of the matter, a mineral type of the matter, an ore type of the matter, a defect level of the matter, a detection of hazardous biological materials of the matter, a presence of matter, a non-presence of matter, a detection of multilayer materials of the matter, a detection of fluorescent markers of the matter, a detection of phosphorescent markers of the matter, a quality grade of the matter, a physical structure of the surface of the matter and molecular structure of the matter. Balthasar et al. (US 2016/0252461) explains that the stream of material which is inspected by the apparatus may consist of any objects which are suitable for optical inspection, such as, but not limited to, ores and minerals, food and corps as well as collected waste and scrap (Paragraph 0008 lines 1-5), and explains that the light sources are selected based on the optical properties of the objects in the stream of matter, and in more detail based on which optical properties of the objects in the stream that are of interest (Paragraph 0012 lines 1-4). Balthasar et al. (US 2016/0252461) states that the detector comprises a CCD, and additionally or alternatively comprises a spectrometer or a sensor of a hyperspectral system (Paragraph 0040 lines 1-5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include wherein the first property set is indicative of at least one of a spectral response of the matter, a material type of the matter, a colour of the matter, a fluorescence of the matter, a ripeness of the matter, a dry matter content of matter, a water content of the matter, a fat content of the matter, an oil content of the matter, a calorific value of the matter, a presence of bones or fishbones of the matter, a presence of pest of the matter, a mineral type of the matter, an ore type of the matter, a defect level of the matter, a detection of hazardous biological materials of the matter, a presence of matter, a non-presence of matter, a detection of multilayer materials of the matter, a detection of fluorescent markers of the matter, a detection of phosphorescent markers of the matter, a quality grade of the matter, a physical structure of the surface of the matter and molecular structure of the matter as taught by Balthasar et al. (US 2016/0252461) in order to provide a light source and detector system which are appropriate for identifying optical properties, such as color or spectral response, of the objects in the stream that are of interest. Regarding claim 11, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 8, the apparatus further comprising an ejection arrangement coupled to the processing unit, wherein the ejection arrangement is adapted to eject and sort matter into a plurality of fractions in response to receiving a signal form the processing unit based on at least the determined first property set, the ejection arrangement being adapted to eject and sort said matter by means of at least one of a jet of compressed air, a jet of pressurized water, a mechanical finger, a bar of jets of compressed air, a bar of jets of pressurized water, a bar of mechanical fingers, a robotic arm and a mechanical diverter. Balthasar et al. (US 2016/0252461) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-3), the apparatus further comprising an ejection arrangement (Fig. 4 #420) coupled to the processing unit (Fig. 4 #420 coupled to #410), wherein the ejection arrangement (Fig. 4 #420) is adapted to eject and sort matter into a plurality of fractions (Fig. 4 fraction in #431, fraction in #432) in response to receiving a signal form the processing unit based on at least the determined first property set (Paragraph 0085 lines 5-11), the ejection arrangement being adapted to eject and sort said matter by means of at least one of a jet of compressed air (Paragraph 0085 lines 5-11), a jet of pressurized water, a mechanical finger, a bar of jets of compressed air, a bar of jets of pressurized water, a bar of mechanical fingers, a robotic arm and a mechanical diverter. Balthasar et al. (US 2016/0252461) explains that a processing means is adapted to receive detection data from the first and second detector and transforms the detection data into sorting data, the sorting data may be indicative of whether the objects are to be put in a specific container or removed from the stream of matter (Paragraph 0086 lines 14). Balthasar et al. (US 2016/0252461) additionally explains that the objects in the stream of matter are sorted into a first or a second container by use of a sorting apparatus utilizing pressurized air to push the object into the correct container (Paragraph 0085 lines 5-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include an ejection arrangement coupled to the processing unit, wherein the ejection arrangement is adapted to eject and sort matter into a plurality of fractions in response to receiving a signal form the processing unit based on at least the determined first property set, the ejection arrangement being adapted to eject and sort said matter by means of at least one of a jet of compressed air, a jet of pressurized water, a mechanical finger, a bar of jets of compressed air, a bar of jets of pressurized water, a bar of mechanical fingers, a robotic arm and a mechanical diverter as taught by Balthasar et al. (US 2016/0252461) in order to sort matter based on the detected properties thereof by use of pressurized air which pushes the matter into the correct fraction. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Balthasar et al. (US 2014/0362382) in view of Kazuhiro (JP 2015225992), Koitabashi (JP H09129018) and further in view of Balthasar et al. (US 2016/0263624). Regarding claim 12, Balthasar et al. (US 2014/0362382) teaches the apparatus according to claim 1, the apparatus further comprising, a conveyor for conveying matter through the first detection zone (Paragraph 0013 lines 1-2) and a second detection zone if present, or a chute (Paragraph 0013 lines 1-2), including a feeder, for sliding or freefalling of the matter through the first detection zone (Paragraph 0013 lines 1-2) and/or the second detection zone if present. Balthasar et al. (US 2014/0362382) lacks teaching a chute, including a vibration feeder for sliding or freefalling of the matter. Balthasar et al. (US 2016/0263624) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-6), comprising a chute, including a vibration feeder for sliding or freefalling of the matter (Paragraph 0032 lines 1-4). Balthasar et al. (US 2016/0263624) that a vibration feeder causes the objects to fall through the detecting region (Paragraph 0032 lines 1-4). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Balthasar et al. (US 2014/0362382) to include a chute, including a vibration feeder for sliding or freefalling of the matter as taught by Balthasar et al. (US 2016/0263624) in order to cause objects to fall through a detection zone. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Balthasar et al. (US 2014/0362382) in view of Kazuhiro (JP 2015225992), Koitabashi (JP H09129018), Balthasar et al. (US 2016/0252461) and further in view of Boudjedra et al. (US 20200114395). Regarding claim 10, Balthasar et al. (US 2014/0362382) lacks teaching the apparatus according to claim 8, wherein the detector system comprises a camera based detector system, which camera based detector system comprises a laser triangulation system including: a laser arrangement adapted to emit a line of laser light towards said first or a second detection zone through which the matter is provided, and a camera-based sensor arrangement configured to receive and analyse light which is reflected, emitted and/or scattered by matter in the first or second detection zone, wherein the received light of the camera-based sensor arrangement originating from the line of laser light, wherein a second property set is indicative of at least one of a height of the matter, a height profile of the matter, a 3D map of the matter, an intensity profile of reflected, emitted and/or scattered light, a volume centre of the matter, an estimated mass centre of the matter, an estimated weight of the matter, an estimated material of the matter, a presence of matter, a non-presence of matter, a detection of isotropic and anisotropic light scattering of the matter, a structure and quality of wood, a surface roughness and texture of the matter and an indication of presence of fluids in the matter. Boudjedra et al. (US 20200114395) teaches an apparatus for detecting matter (Paragraph 0001 lines 1-2), wherein the detector system comprises a camera based detector system (Fig. 3 #21), which camera based detector system comprises a laser trianqulation system (Paragraph 0094 lines 16-25) including: a laser arrangement (Fig. 3 #22) adapted to emit a line of laser light towards said first or a second detection zone (Fig. 3 zone around #23 on #12) through which the matter is provided, and a camera-based sensor arrangement (Fig. 3 #21) configured to receive and analyse light which is reflected, emitted and/or scattered by matter in the first or second detection zone (Paragraph 0094 lines 5-23), wherein the received light of the camera-based sensor arrangement originating from the line of laser light (Fig. 3 #23), wherein a second property set is indicative of at least one of a height of the matter (Paragraph 0102 lines 1-3), a height profile of the matter (Paragraph 0102 lines 1-3), a 3D map of the matter (Paragraph 0094 lin
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Prosecution Timeline

May 31, 2024
Application Filed
Jan 21, 2025
Non-Final Rejection — §103, §112
Apr 30, 2025
Response Filed
Jun 30, 2025
Final Rejection — §103, §112
Sep 02, 2025
Response after Non-Final Action
Oct 28, 2025
Request for Continued Examination
Nov 06, 2025
Response after Non-Final Action
Nov 17, 2025
Non-Final Rejection — §103, §112
Mar 14, 2026
Interview Requested
Mar 23, 2026
Examiner Interview Summary
Mar 23, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600581
SORTING METHOD AND DEVICE FOR SORTING PLATE-SHAPED OBJECTS, PREFERABLY GLASS PANEL CUT PIECES, METHOD AND DEVICE FOR PRODUCING GLASS PANEL CUT PIECES WITH A SORTING DEVICE OF THIS TYPE
2y 5m to grant Granted Apr 14, 2026
Patent 12599914
CENTRALIZED CONTROL OF MULTIPLE SORTING FACILITIES
2y 5m to grant Granted Apr 14, 2026
Patent 12599935
OPTIMIZATION OF SORTATION ORDER RECEPTACLE FILLING
2y 5m to grant Granted Apr 14, 2026
Patent 12582997
DEVICE FOR MANIPULATING MAGNETIC BEADS AND ASSAY METHOD
2y 5m to grant Granted Mar 24, 2026
Patent 12583017
CLASSIFICATION DEVICE AND SHOT PROCESSING DEVICE
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+33.2%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 216 resolved cases by this examiner. Grant probability derived from career allow rate.

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