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 .
Information Disclosure Statement
The information disclosure statement filed 29 January 2025, fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, and foreign document EP1484612 has been considered as a courtesy from the Office. However, the European Office Action dated 30 October 2024, for European Patent Application No. 24000072.9 has not been considered.
Note that each reference listed that is not in the English language must include a concise explanation of its relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information.
Election/Restrictions
Applicant’s election of Group I, claims 1-18, in the reply filed on 26 November 2025, is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 4 and 18 are objected to because of the following informalities:
Claim 4 recites “The device according to one of the claims 1”; this should be amended to read “The device according to claim 1”
Claim 18 recites “the device which is between the spreading station…”; this should be amended to read “the device is between the spreading station…”
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 3 and 13 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 3 recites “detecting a plurality of dimensions of the material of the at least one foreign object three-dimensionally.” This is confusing because it is unclear what it means to detect a plurality of dimensions three-dimensionally. Does this restrict the “plurality of dimensions” to three? If so, why are a “plurality of dimensions” recited? Furthermore, would this be satisfied by detecting the foreign object’s position in three dimensions (giving x, y, and z coordinates of the object’s center of mass, for example), or does this require providing a three-dimensional model of the foreign object, or something else?
For examination purposes, it will be assumed that the claim language would be satisfied by providing some estimate of three dimensions of the foreign object, such as a height, a width, and a length. Furthermore, for examination purposes the above will be assumed as being equivalent to: “detecting three dimensions of the material of the at least one foreign object”.
Claim 13 recites “analyzing a damage history analysis.” The examiner is confused by this statement; does Applicant mean to recite “analyzing a damage history”? This will be the interpretation for examination purposes.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2).
Regarding claim 1, Olesen discloses a device for detecting at least one foreign object in a mat (Abstract: "A device adapted for examining and detecting foreign objects in a flat plate-shaped material") spread on a conveyor device (See Fig. 1, fiber-based material 2 is conveyed on transport device 4) in a process for producing a plurality of manufactured boards (¶2: the flat plate-shaped material may be a manufactured board), the mat including (i) a plurality of fibers or a plurality of chips and (ii) at least one binding agent (¶4: "Flat, fiber-based materials are typically produced in a production facility using a suitable wool as the raw material, adding a binding agent and subsequently compressing the mix to form the flat, fiber-based material") which are pressed (¶4: the material is compressed), the device comprising:
at least one second sensor device (Abstract: the device comprises "a first X-ray source and a second X-ray source"; Fig. 1: see X-ray sources 5 and 6, which are directed at an area of the mat, along with sensors 7 and 8; both X-ray sources and sensors can be included in the second sensor device), which is configured for being aligned with at least one spatial measuring area (Fig. 1, the sensors are aligned with an area of the mat) and for determining at least one foreign object dimension of the at least one foreign object (¶117: "The sensor units 7, 8 will capture a two-dimensional image of the oblong foreign object 34 seen from two different angles or points of view."').
Olesen does not explicitly disclose the remaining limitations.
Dueholm discloses a method of testing a mat made of biomass for manufacturing boards (Abstract). Dueholm also discloses a method of making manufacturing boards. As part of this method, Dueholm describes pressing a mat under an increased temperature (Column 5, lines 38-41: "In the hot press 17, the precompressed mat 11, which is now rid of the flaws mentioned, is compressed to form the finished plate 2 by the application of pressure and heat.").
Furthermore, Dueholm discloses testing a mat for foreign matter such as metal (Column 5, lines 24-25: "The testing device 12 tests the mat 11 for foreign matter like metal pieces"), and teaches that it is common to use metal detectors to detect foreign objects in the mat (Column 1, lines 20-23: "it has become known in board manufacturing to make use of metal detectors which sense magnetizable and non-magnetizable metal pieces in the mat").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Dueholm with the invention of Olesen by pressing the mat under an increased temperature because this is a known method of forming a board from a mat including fibers or chips and a binding agent. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Dueholm with the invention of Olesen by causing the device to comprise at least one first sensor device, which is configured for operating with a plurality of electromagnetic waves, a plurality of ultrasonic waves, a plurality of magnetic fields, or radiometry, for being directed at the at least one spatial measuring area of the mat in order to detect the at least one foreign object, and for recognizing a material of the at least one foreign object. Doing so would enable one to use a metal detector as a common and independent method of identifying a metallic foreign object in the same sensor region as the X-ray sensors. Furthermore, a metal detector may provide additional information (such as the foreign object’s composition) not provided by the X-ray sensors.
Regarding claim 2, Olesen in view of Dueholm discloses the limitations of claim 1 and further discloses that the at least one first sensor device is configured for detecting a metal content in the material of the at least one foreign object (see rejection of claim 1).
Regarding claim 3, Olesen in view of Dueholm discloses the limitations of claim 1. Furthermore, Olesen teaches detecting at least two dimensions of the foreign object, and implies detecting three dimensions (¶106: "foreign objects 31 will look differently depending on which detector is detecting the foreign object 31. Therefore, further data processing, such as for instance image processing, is needed with the aim of providing an approximate 3D-shape of the relevant section of a flat plate-shaped material 2"; presumably this may include a 3D shape of the foreign object, inasmuch as a 3D shape can be obtained from two 2D images obtained from different angles; see ¶117 and rejection of claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Olesen with the invention of Olesen in view of Dueholm by configuring the at least one second sensor device for detecting three dimensions of the material of the at least one foreign object. Doing so would enable one to estimate the total volume of the foreign object, which is a relevant factor for determining how much the foreign object risks damaging equipment and which may be relevant for determining how to remove the object.
Regarding claim 4, Olesen in view of Dueholm discloses the limitations of claim 1, and further teaches that the at least one first sensor device includes a metal detector (see rejection of claim 1).
Regarding claim 5, Olesen in view of Dueholm discloses the limitations of claim 1, and further teaches that the at least one second sensor device includes a sensor that is based on a plurality of X-rays (see rejection of claim 1).
Regarding claim 18, Olesen in view of Dueholm discloses the limitations of claim 1. Furthermore, Olesen discloses that the device is configured for being a part of a production line which is for producing the plurality of manufactured boards (¶93: the device is to be integrated into a production line for producing flat pieces of fiber-based material; see also rejection of claim 1). Dueholm also teaches a spreading station for spreading a mat (Column 5, lines 15-20, and Fig. 1: A scattering machine 6 forms a mat 9), a continuous press for compacting the mat (Column 5, lines 36-41 and 45-50, and Fig. 1: A continuous hot press 17 compresses a board 2 between upper and lower press belts 18 and 19), and that its testing device may be between the spreading station and the continuous press (Fig. 1: the testing device 12 is between the spreading station and the continuous press).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Dueholm with the invention of Olesen in view of Dueholm by causing the production line to include a spreading station for spreading the mat and a continuous press for compacting the mat, and to cause the device to be between the spreading station and the continuous press. This would follow a known method of creating boards and would enable one to detect foreign objects before the foreign object damages a compactor (note Dueholm, Column 1, lines 14-20 teach that foreign matter can damage steel belts or other equipment in the compactor).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2), and further in view of Zale (US 20240349945 A1).
Regarding claim 6, Olesen in view of Dueholm discloses the limitations of claim 1, but does not explicitly disclose the limitations of claim 6.
Zale teaches that a thermal sensor can be used to detect foreign material in a pathway (¶135).
Noting that a foreign object may have different thermal properties than the mat in which it is embedded, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Zale with the invention of Olesen in view of Dueholm by causing the at least one first sensor device or the at least one second sensor device to include a sensor based on thermal imaging. Doing so would provide an independent method of detecting a foreign object.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2), and further in view of Manome (US 6009755 A).
Regarding claim 7, Olesen in view of Dueholm discloses the limitations of claim 1 but does not explicitly disclose the limitations of claim 7.
Manome describes using ultrasonics to detect foreign contaminants in a product (Column 7, lines 30-40). The material can be a board material (Column 2, lines 30-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Manome with the invention of Olesen in view of Dueholm by causing the at least one first sensor device or the at least one second sensor device to include a sensor that is based on the plurality of ultrasonic waves and that includes a sound reflection receiver. Doing so would enable one to implement an independent known method of detecting foreign objects in materials.
Claims 8, 9, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2), and further in view of Hall ("An Introduction to Multisensor Data Fusion").
Regarding claim 8, Olesen in view of Dueholm discloses the limitations of claim 1. Furthermore, Olesen discloses that the device includes an evaluation device (¶47: data from measurements can be presented to an operator, or used to autonomously actuate a device for removing the foreign object or for invoking an emergency stop. This implies that an evaluation device may be present which autonomously makes a decision about the presence of a foreign object and what to do about it.).
However, Olesen in view of Dueholm does not explicitly disclose that the evaluation device is configured for performing a sensor fusion of the at least one first sensor device and the at least one second sensor device.
Hall teaches that data fusion describes combining data from multiple sensors to make more accurate and specific inferences (Pg. 1, Introduction, first paragraph). The concept is general, as humans and animals can be described as performing multi-sensor fusion to make determinations (Pg. 1, Introduction, first paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Hall with the invention of Olesen in view of Dueholm by configuring the evaluation device to perform a sensor fusion of the at least one first sensor device and the at least one second sensor device. Doing so would enable the device to autonomously combine information from independent sources to make a more informed determination.
Regarding claim 9, Olesen in view of Dueholm and Hall discloses the limitations of claim 8, and Olesen further discloses that the device includes a foreign object removal device (¶47: "data extracted from the measurements…may be used to actuate a device for removing the foreign object"). Furthermore, it would have been obvious to one of ordinary skill in the art practicing the invention of Olesen in view of Dueholm and Hall to configure the foreign object removal device for being activated depending upon a result of the sensor fusion in the evaluation device, since the sensor fusion would be part of the process of determining whether a foreign object is present, what its properties are, and what risk it would present.
Regarding claim 11, Olesen in view of Dueholm and Hall discloses the limitations of claim 8 but does not explicitly recite the limitations of claim 11. However, it is common for sensors to operate at different frequencies, angles, positions, etc. such that their information is not in a common spatiotemporal reference frame and must be synchronized. Synchronization would likely involve detecting distance or time information, such as a universal time, to perform the synchronization; providing a universal time for synchronization is also common.
It would have been obvious to one of ordinary skill in the art practicing the invention of Olesen in view of Dueholm and Hall to configure a device for synchronizing a plurality of sensor signals of the at least one first sensor device and the at least one second sensor device. Doing so would enable one to relate data values from sensors to one another. The device performing the synchronization may be called a distance/time detection device since synchronization may involve detecting spatial or temporal values.
Regarding claim 12, Olesen in view of Dueholm and Hall discloses the limitations of claim 8. Furthermore, it would have been obvious to one of ordinary skill in the art practicing the invention of Olesen in view of Dueholm and Hall to include a housing, wherein the at least one first sensor device and the at least one second sensor device are accommodated in the housing. Doing so would protect the sensors from damage.
Regarding claim 14, Olesen in view of Dueholm and Hall discloses the limitations of claim 8. Olesen discloses that a foreign object may cause damage (¶5). Considering the rejection of claim 8, it is implied that the evaluation device predicts damage (see rejection of claim 8 noting that the evaluation device can remove a foreign object or invoke an emergency stop; this would reasonably be in response to a prediction that the foreign object would cause damage). Therefore, it would have been obvious to one of ordinary skill in the art practicing the invention of Olesen in view of Dueholm and Hall to configure the evaluation device to predict damage.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2) and Hall ("An Introduction to Multisensor Data Fusion"), and further in view of Reber (US 5021666 A).
Regarding claim 10, Olesen in view of Dueholm and Hall discloses the limitations of claim 8. Olesen further discloses determining mat basis weight and density (¶111), but Olesen in view of Dueholm and Hall does not explicitly disclose the limitations of claim 10.
Reber discloses a measurement device for measuring the thickness, density, and basis weight of a moving web (Abstract: "A pass-line independent measuring device for producing thickness related measurements (e.g., thickness, basis weight, density, etc.) of a moving web." Column 1, lines 12-15: the moving web can refer to sheets of material such as plastics, paper, or other materials).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Reber with the invention of Olesen in view of Dueholm and Hall by including a measuring device for the mat, the measuring device being configured for measuring a thickness, a density, or a basis weight of the mat. Doing so would enable one to ensure the mat has the desired specifications for the manufacturing process.
Regarding claim 17, Olesen in view of Dueholm and Hall discloses the limitations of claim 8 but does not explicitly teach the limitations of claim 17.
Reber discloses a measurement device for measuring the thickness, density, and basis weight of a moving web (Abstract: "A pass-line independent measuring device for producing thickness related measurements (e.g., thickness, basis weight, density, etc.) of a moving web." Column 1, lines 12-15: the moving web can refer to sheets of material such as plastics, paper, or other materials).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Reber with the invention of Olesen in view of Dueholm and Hall by configuring the device for being operatively connected with at least one sensor assigned to a device/station of a production line for producing the plurality of manufactured boards. Doing so would enable the device to use an independent sensor for detecting a change in density due to a foreign material.
Claims 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Olesen (US 20230314346 A1) in view of Dueholm (US 6885198 B2) and Hall ("An Introduction to Multisensor Data Fusion"), and further in view of Birkhofer (US 20240381881 A1).
Regarding claim 13, Olesen in view of Dueholm and Hall discloses the limitations of claim 8 but does not explicitly disclose the limitations of claim 13.
Birkhofer discloses a system and method for smart manufacturing (Title). As part of the invention, Birkhofer discloses training a machine learning (ML) model to detect foreign objects in a production line based on sensor data such as images, video, and X-ray data (¶4: "The method includes receiving, by a controller, image data captured from a product traveling on a conveyor table in a food processing facility, determining, by the controller, at least one of a presence of a foreign object embedded within the product"; ¶67: A method of detecting foreign objects in meat can include receiving input data including images, video, X-ray images, etc. ; ¶70: a controller can identify foreign objects from the image data.; ¶50: A data analysis engine 285 can comprise ML or AI. It's clear from context that the controller's identification of foreign objects may involve the ML or AI.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Birkhofer with the invention of Olesen in view of Dueholm and Hall by causing the evaluation device to comprise a ML model, and by configuring the ML model to analyze a damage history of sensor data to predict the presence of damage-causing foreign objects. Doing so would be useful because ML can use historical data to learn complex relationships between inputs and use those learned relationships to more accurately classify foreign objects.
Regarding claim 15, Olesen in view of Dueholm and Hall discloses the limitations of claim 8. Furthermore, it would have been obvious to cause the evaluation device to comprise a ML model configured as described in the rejection of claim 13, for the reasons given in the rejection of claim 13 (see rejection of claim 13). Such a ML can be termed an adaptive unit, which the evaluation device includes.
Regarding claim 16, Olesen in view of Dueholm and Hall discloses the limitations of claim 8. Furthermore, it would have been obvious to cause the evaluation device to comprise a ML model configured as described in the rejection of claim 13, for the reasons given in the rejection of claim 13 (see rejection of claim 13).
Noting that the ML trained on historical sensor data would determine patterns in input signal data from multiple sensors, it would be reasonable to conclude that the adaptive unit (i.e. the ML) is configured for identifying a plurality of at least possible damage images (that is, sensor data representing possible damage-causing foreign objects) based on a plurality of patterns of a plurality of detected signals of a plurality of individual sensors.
Conclusion
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ETHAN WESLEY EDWARDS
Examiner
Art Unit 2857
/E.W.E./ Examiner, Art Unit 2857
/ANDREW SCHECHTER/ Supervisory Patent Examiner, Art Unit 2857
Prosecution Insights