Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Amendment
The amendment filed on 03/17/2026 has been entered into this application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipates by Natori et al. (2019/0323831 A1).
Regarding claim 1, Natori discloses a method for taking a measurement from a reflective object (WS) or a transparent object by means of a deflectometer a shape measuring device 100/500 (figs. 1-48) having:
- a display displaying dynamic fringes is a fringe projection [pars. 0014, 0142, 0238];
- a camera (120) configured to acquire the images from fringes reflected by the reflective object (WS) and/or the images from fringes transmitted through the transparent object;
- a computer a controller 200 configured to run a program in order to perform the measurement based on the images acquired by the camera [pars. 0008-9, 0028-29]; the method comprising the following steps: - successively acquiring the images (i.e. plurality of …. Images/light reception data) from fringes reflected and/or transmitted by the object (WS) in at least two (i.e. focal-position changing processing section) configurations of an optical system defined by the display the fringe projection, the object (WS) and the camera (120) [pars. 0009, 0026-27, 0097]; - based on the images acquired the plurality of …. Images/light reception data, computer running the program and calculating possible solutions for a shape of the object (WS) and for a position of the object (WS) within the optical system defined by the display the fringe projection, the object (WS) and the camera (120) [pars. 0153, 0155, 0170-171, 0195-196], in each of the configurations; - obtaining a final solution for the shape is obtaining the shape data and for the position of the object (WS) by identifying a single solution common (i.e. resolution measurement result) to the previously calculated possible solutions, wherein the camera 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) is displaced axially along an optical axis of the camera between successive acquisitions is wherein relatively moving the stage in an optical axis direction with respect to the light receiving section and adjusting a focal position of the light receiving section; and/or is wherein a function of relatively moving the stage in an optical axis direction with respect to the light receiving section and adjusting a focal position of the light receiving section and/or in the steps of and changing the focal position of the light receiving section 120 [pars. 0009, 0026-28, 0112, 0114, 0124-126].
For the purposes of clarity, alternatively, moving stage relative to camera optical axis along translational direction such as in X or Y direction is displacing axially along an optical axis of the camera optical axis and capturing successively acquisitions image(s) [par. 0104-105].
As to claims 2-4, Natori also discloses a method/system that is implemented using limitations such as, wherein said method further comprises a step of calibrating the deflectometer the shape measuring device 100/500 by successively acquiring the images that is the acquiring of the plurality of …. Images/light reception data from fringes included in the fringe projection in at least two configurations (i.e. included in focal-position changing processing section) of an optical system defined by the display positioned directly facing the camera the light receiving section 120, as can be seen depicted drawing (figs. 1-3) (claim 2);
wherein the calibration step comprises an additional step consisting of optical-axis-direction driving section 146C moving the display light projecting section 110 [par. 0107], and/or an optical-axis-direction driving section configured to relatively move 120 and/or 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) the camera , such that they are no longer aligned, and of placing a reference mirror so as to reflect the projections from the display in the direction of the camera (120) as can be seen in depicted drawing (figs. 6, 22) (claim 3); and wherein the measurement of the reference mirror (i.e. 124) is previously obtained is included first of the acquiring of the plurality of …. Images/light reception data by another means (such as an interferometer) and/or stereoscopic, and the calibration step comprises an additional step consisting of measuring the reference mirror by means of the deflectometer shape measuring device 100/500, in order to verify its correct operation, by comparing the measurement obtained by the deflectometer shape measuring device 100/500 with the previous measurement [pars. 0103, 0150 and 0342-343] (claim 4).
As to claim 5, Natori discloses a deflectometer a shape measuring device 100/500 (figs. 1-4) to take a measurement from a reflective object (WS) or a transparent object (WS) comprising:
- a display displaying dynamic fringes is a fringe projection [pars. 0014, 0142, 0238];
- a camera (120) configured to acquire the images of fringes reflected by the reflective object (WS) and/or the images of fringes transmitted through the transparent object (WS);
- a computer a controller 200 configured to run a program, in order to take the measurement based on the images acquired by the camera (120);
wherein the camera is implicitly mounted on a frame with the capacity of axial translation by an optical-axis-direction driving section configured to relatively move 120 and/or 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) along an optical axis of the camera between at least two positions, such that the camera (120) captures images according to at least two configurations of an optical system defined by the display the fringe projection, the object (WS) and the camera (120); and
wherein the measurement of the object (WS) is a calculation of its shape by shape measuring device and its position within the optical system defined by the display the fringe projection, the object (WS) and the camera (120), in each of the configurations resulted from focal-position-changing by changing camera location/positions along optical axis of the camera (axial translation i.e. along X or y direction position changings) and/or from capturing by moving the stage in an XY direction [pars. 0024-26], the computer controller 200 program is configured to calculate the geometry and the position of the object only based on the images acquired by the camera (120) in the at least two configurations, and the calculation is made by integration of the slopes measured in each configuration, and wherein the display and/or the camera are mounted on the frame by an isostatic connection [pars. 0009, 0026-28, 0112, 0114, 0124-126].
For the purposes of clarity, isostatic is considered as the situation in which the object are so balanced that the system as a whole remains in equilibrium and/or ensuring equilibrium considering the BRI.
In addition, moving stage relative to camera optical axis along translational direction such as in X or Y direction is displacing axially along an optical axis of the camera optical axis and capturing successively acquisitions image(s) [par. 0104-105].
As to claims 7-9, Natori also discloses a structure (figs. 1-4) that is use in a deflectometer/system that is implemented using limitations such as, wherein the movement of the display the fringe projection and/or of an optical-axis-direction driving section configured to relatively move 120 and/or 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) the camera is ensured by a two-stage system comprising a first stage which can be moved with respect to the frame, and transporting a second stage on which the display and/or the camera is fixed; the second stage is retractable between: - a free position wherein it does not impede the movement of the first stage with respect to the frame, and - an indexed position wherein it impedes the movement of the first stage, and is in isostatic connection the situation in which the object are so balanced that the system as a whole remains in equilibrium and/or ensuring equilibrium with the frame [pars. 0103, 0150 and 0342-343](claim 7); wherein the isostatic connection is of the Boys connection type is wherein structure of the shape measuring device 100/500 is mechanically accurately structure, and/or in a state of balance of system is so that there are no net changes occurring (claim 8); and wherein the Boys connection the structure of the shape measuring device 100/500 is mechanically accurately structure, and/or in a state of balance of system is so that there are no net changes occurring is achieved by (i.e. three spherical portion pins positioned in a triangle at a lower face of the second stage opposite the frame, each intended to bear against two internal faces of a positioned opposite an upper face of the frame) (claim 9).
As to claims 10-12, Natori also discloses a structure (figs. 1-4) that is use in a deflectometer/system that is implemented using limitations such as, wherein the display can be moved along a rectilinear axis (i.e. X and/or Y axis; the motion of a body in a straight line) as can be seen in depicted drawing (figs. 1-4) (claim 10); wherein the movement of the display light projecting section 110 [par. 0107] and/or of the camera (120) is ensured by: an optical-axis-direction driving section configured to relatively move 120 and/or 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) and/or XY stage 141, Z stage 142, 143 - a motorised horizontal slide connection ensuring the movement of the first stage with respect to the frame; - a motorised vertical slide connection making it possible to retract the second stage between the free position and the indexed position, and the vertical slide connection has a clearance (claim 11); and wherein the motors included in the optical-axis-direction driving section configured to relatively move 120 and/or 120 (see arrows displacement direction, as can be seen in depicted drawing (fig. 3)) and/or XY stage 141, Z stage 142, 143 of the horizontal and vertical slide connections are connected to the computer (200), and the computer program is configured to automatically control the motors to move the display and/or the camera between the positions [pars. 0103, 0150 and 0342-344] (claim 12).
Response to Arguments
Applicant’s arguments/remarks, see pages 6-10, filed on 03/17/2026, with respect to the rejection(s) of claim(s) have been fully considered but are not persuasive.
Applicant’s arguments:
a) applicant argues that The present Claim 1 differs from NATORI in that it defines a method comprising the following steps: 6
- performing successive acquisitions of images of the fringes reflected by and/or transmitted through the object in at least two configurations of an optical system defined by the display, the object and the camera;
- moving the camera by axial translation along the optical axis of the camera between the successive acquisitions, thereby producing the different configurations of the optical system;
- executing a computer program which, from the acquired images, calculates possible solutions of a shape of the object and a position of the object within the optical system for each configuration; and
- obtaining a final solution of the shape and the position of the object by identifying a unique solution common to the previously calculated possible solutions. NATORI does not discloses or suggests these features as claimed.
Examiner's response:
With respect to argument (a), it is respectfully pointed out to applicant that this argument is not persuasive because the limitations being argue is rejected as being anticipated by Natori, and the Applicant have not provided any proof and/or any factual evidence that the independent claims as recited in 1, and 5 are not anticipated by the cited paragraphs.
It is respectfully pointed out to applicant that this argument is not persuasive because applicant has not provided any proof and/or any factual evidence that the examiner's position would not have been anticipated and/or that the claim(s) as rejected is/are not anticipated by the various cited paragraphs as rejected above. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
It is respectfully pointed out to applicant that this argument is not persuasive because Natori clearly discloses features of these claim limitations as claimed in paragraph 0108, 0009, 0026-27, 0097], Natori discloses changing focal position capturing images using focal position changing processing section/device. Natori also discloses changing camera location/positions along optical axis of the camera (axial translation i.e. along X or y direction position changings) and/or from capturing by moving the stage in an XY direction [pars. 0024-26], based on these successive image(s) acquisition the controller 200 using program determines/measures the shape of the object and a position of the object within the optical system for each configuration.
b) applicant argues that Regarding the second independent claim 5, ………. NATORI does not disclose the specific structural arrangement defined in Claim 5. ……………..
NATORI does not disclose or suggest: a deflectometer configured to operate with multiple optical configurations obtained by axial translation of the camera; a system in which the geometry and position of the object are calculated solely from the images acquired in these configurations; a configuration in which the display and/or the camera are mounted on the frame via an isostatic mounting.
In claim 5, the isostatic mounting ensures that the relative geometry of the optical elements with respect to the frame remains well defined and reproducible, which is particularly advantageous when the camera is translated between several positions. The NATORI references contains no teaching or suggestion for such a structural arrangement. For at least these reasons, Applicants request that the rejection of claim 5 be withdrawn. As claims 7-12 depend from claim 5, the rejection of these claims should be withdrawn for at least the same reasons.
Examiner's response:
With respect to argument (b), it is respectfully pointed out to applicant that for the same reasons as discussed above in relation to argument (a), applicant arguments regarding argument(s) (b) is/are not persuasive.
Further, it is respectfully pointed out to applicant that these arguments are not persuasive because it is well settled that the teachings or suggestions of the prior art that have been used as evidence within a rejection of the claimed invention in view of the prior art under 35 U.S.C. 102 or 35 U.S.C. 103, as set forth by the Court, are to be evaluated and determined not just from one or more specifically identified quotes to individual sections of the text of the prior art document but are in fact to be evaluated and determined from all that the prior art document teaches or suggests, In re BODE et al, 193 USPQ 12 at 17 (CCPA, 1977), with some reliance on the knowledge of one of ordinary skill at the time the invention was made in order to provide an enabling disclosure, In re BODE et al, 193 USPQ 12 at 16 (CCPA, 1977). In addition, it is respectfully pointed out to applicant that these arguments are not persuasive because the scope of the claim limitations being argue would include(s) the structure of shape measuring device and/or system disclosed by Natori, Natori clearly discloses a plurality of stereoscopic shape data generated by automatically repeating the stereoscopic-shape-data acquisition processing, the determination processing, and the focal-position-changing processing until it is determined by the determination processing the shape of the object and the position based on the images acquired by the camera in the at least two configurations (i.e. by changing the focal position(s) of the camera along the optical axis of the camera or changing the position(s) stage relative to the camera along the optical axis of the camera.
In conclusion, it is respectfully pointed out to applicant that these arguments are not persuasive because the scope of the claim limitations being argue is not limited to any particular structure, and the claim(s) invention is not limited to such embodiment as claimed. Therefore, the limitation is within the scope and analysis of Natori system configuration as detailed above, considering the (BRI), and thus the claims are rejected as being anticipated by Natori.
For the purposes of clarity, isostatic is considered as the situation in which the object are so balanced that the system as a whole remains in equilibrium and/or ensuring equilibrium considering the BRI. Natori clearly discloses that the user performs alignment of the posture, the position, and the focus of the measurement object WK [pars. 0210 and 0212] to ensures the component remains stress-free and aligned, and thus anticipates isostatic.
Finally, Applicant has argued the patentability of claims, based solely upon the patentability of independent claim(s), and has presented no additional arguments exclusively pertaining to the claims, since the applicant has not argued the examiner’s position about the rejection(s) regarding the dependent claims, in the previous Official action. The applicant has acquiesced.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306.
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/ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
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