DETAILED ACTION
Claim 12 objected to because of the following informalities:
Claim(s) 1,2,6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation:
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of RATH (US 2,379,103):
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of BERND et al. (DE 19517476 B4) with SEARCH machine translation:
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of WANG et al. (CN 101221616 A) with SEARCH machine translation:
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of TAKEYOSHI et al. (WO 2017/126052 A1) with SEARCH machine translation:
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of NOHARA et al. (CN 110914094 A) with SEARCH machine translation:
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of HAK-BONG et al. (KR 0123135 Y1) with SEARCH machine translation:
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of MASAO et al. (JP 2002-257503 A) with SEARCH machine translation:
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of CHU et al. (TW M549867 U) with SEARCH machine translation:
Response to Amendment
The amendment was received 8/6/2026. Claims 1-12 pending:
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Claim Objections
Claim 12 objected to because of the following informalities:
Claim 12, line 4 is objected for missing an article (such as “a” or “the”) for line 4’s “graduation plate”:
12. (New) A graduation-plate posture inspection method for inspecting a relative posture between a reciprocally movable camera and a graduation plate, the method comprising:
positioning the camera, reciprocally movable on a base plate, a predetermined distance from graduation plate;
acquiring image data of the graduation plate from the camera;
extracting a first contrast region and a second contrast region of the graduation plate from the image data;
determining a contrast between the first contrast region and the second contrast region based on brightness or color; and
inspecting the relative posture between the camera and the graduation plate based on the contrast.
I am interpreting claim 12, line 4’s “distance from graduation plate” as:
--distance from a or the graduation plate--.
Appropriate correction is required.
35 USC § 101 – Positive Statement
MPEP 2106.05(a) Improvements to the Functioning of a Computer or To Any Other Technology or Technical Field [R-07.2022], 3rd para:
If it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. The specification need not explicitly set forth the improvement, but it must describe the invention such that the improvement would be apparent to one of ordinary skill in the art. Conversely, if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology. An indication that the claimed invention provides an improvement can include a discussion in the specification (at [0034][0035]) that identifies a technical problem ([0034], 3rd para, 1st S:“graduations cannot be accurately inspected based on the image data”) and explains the details of an unconventional technical solution ([0035], last S: “a graduation-plate posture inspection step is performed”: figure 3, reproduced below) expressed in the claim (claims 1,8,9,12 expresses figure 3 thus “the claimed invention provides an improvement”), or identifies technical improvements realized by the claim over the prior art. For example, in McRO, the court relied on the specification’s explanation of how the particular rules recited in the claim enabled the automation of specific animation tasks that previously could only be performed subjectively by humans, when determining that the claims were directed to improvements in computer animation instead of an abstract idea. McRO, 837 F.3d at 1313-14, 120 USPQ2d at 1100-01. In contrast, the court in Affinity Labs of Tex. v. DirecTV, LLC relied on the specification’s failure to provide details regarding the manner in which the invention accomplished the alleged improvement when holding the claimed methods of delivering broadcast content to cellphones ineligible. 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016).
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Response to Arguments
§ 102 and § 103 Rejections
Applicant’s arguments, see remarks, pages 9,10, filed 8/6/2026, with respect to the rejection(s) of claim(s) 1,8,9 under 35 USC 102 and 35 USC 104 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 103:
Claim(s) 1,2,6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation:
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of NOHARA et al. (CN 110914094 A) with SEARCH machine translation:
wherein FISSETTE teaches virtually reading/displaying an instrument scale with smart glasses by finding a pose of the instrument and using an image contrast-transform:
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§ 101 Rejection
Applicant’s arguments, see remarks, page 10, filed 8/6/2026, with respect to 35 USC 101 have been fully considered and are persuasive. The 35 USC 101 rejection of claim 8 has been withdrawn.
Applicant’s arguments, see remarks, pages 10,11, filed 8/6/2026, with respect to 35 USC 101 have been fully considered and are persuasive. The 35 USC 101 rejection of claims 1-11 has been withdrawn.
New Independent Claim 12
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of CHU et al. (TW M549867 U) with SEARCH machine translation, wherein CHU teaches reciprocating a camera 1 by tilting using graduated knobs 30,70,80 and distance-rulers 621,622:
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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.
Claim(s) 1,2,6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation:
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Re 1. (Currently amended), TONNIES teaches A graduation-plate posture inspection method for inspecting a relative posture1 between a camera and a graduation plate23, the method performed by a processor (or likewise “Some known form of computer”, annotation II, page 2, lcol, ll.10-15) comprising:
acquiring image data (or likewise “photographed” –“measurements”, pg. 2,lcol, ll. 65-75) on the graduation plate (or likewise “the double range scale4 plate 4”, pg. 2,lcol, ll.5-10) from the camera567 (or likewise “an average camera”, pg. 2, rcol,ll.5-10);
extracting (via said “photographed”8) a first contrast region and a second contrast region (or likewise “correlating the instru-ment reading”, pg. 2, lcol, ll. 15-20, “for low brightness values as a dimly lighted picture area…of…contrast and…as…from the adjacent areas…that fall within the wide measuring angle” β) in the image data (via fig. 1: wide measuring angle “β”:
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);
contrasting9 the first contrast region with the second contrast region based on brightness {{{or color}}}; and 10 high accuracy is obtained at a higher brightness range”, pg. 1, lcol, ll. 50-55, wherein “low bright-ness values” is said “as a dimly lighted picture area”),
displaying on a monitor an indication of (or likewise “a view finder bearing markings indicative of the fields falling within the respective measuring angles”, annotation II, page 1, rcol, 35-40) whether11 the graduation plate and the camera are12 relatively inclined1314 with respect to each other (as shown in fig. 2: the camera’s lid in ghost-lines is inclined relative to camera/exposure-meter 1) based15 on16 the result (or likewise a resulting range/angle via “changing the measuring range of the exposure meter and for simultaneously changing the measuring angle”, annotation II, page 1, lcol, ll. 45-50) of the contrasting operation (via said figs. 1 and 2 showing an incline and on the other hand no incline:
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):,
wherein when the camera and gradation plate are relatively inclined with respect to each other , the monitor displays the magnitude of the relative inclination to provide guidance for adjusting (or likewise an “adjustable mechanism”, pg. 1, lcol,ll.45-50) the posture (or likewise changing said “wide measuring angle”17, pg. 1, lcol, ll.30-35, “β” or narrow/ “small measuring angle”, pg. 1, rcol,ll.10-15, “α”) of the graduation plate to reduce (or likewise “to reduce the acceptance angle”, annotation II, pg. 1, rcol,ll.25-30) the relative inclination18 (or likewise closing the lid/cover creating a smaller camera/ meter aperture angle α) between the camera and the graduation plate (via fig. 1: “α”:
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) and
wherein the relative posture19 (or likewise said “wide measuring angle”20 “β” or narrow angle “α”) between the camera and the graduation plate is inspected (or likewise “the measuring angle determined”21, pg. 2, lcol,ll. 30-35) based on a contrast result (via said “low-brightness values”-“obtained”-“High sensitivity” as said angle β or in contrast said “higher brightness range”-“obtained”-“high accuracy” at said angle α) by the contrasting operation.
TONNIES does not teach the difference of claim 1 of:
displaying on a monitor (an indication of whether the graduation plate and the camera are relatively inclined with respect to each other)22 based on (the result of the contrasting operation) ,
(wherein when the camera and gradation plate are relatively inclined with respect to each other) , the monitor displays the magnitude (of the relative inclination) to provide guidance.
FISSETTE teach the difference of claim 1 of:
displaying on a monitor (an indication of)23 whether (the graduation plate and the camera) are relatively inclined with respect to each other based on (the result of the contrasting operation) (or likewise displaying the results of a contrast-transform in the detection step followed by displaying a pose from a camera via “
display results of…:
Detection of…the instrument…
Estimation of the 3D pose of the instrument from the…camera”, pg. 4, last txt blk to page 5, 1st text blk),
(wherein when the camera and gradation plate) are relatively inclined with respect to each other (via said scale-graduation-plate-measuring-instrument pose from said camera:
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) , the monitor displays the magnitude (via fig. 2: “Spacing and angulation on the screen”) of the relative inclination to provide guidance (or likewise “computer-assisted vision”, pg. 2, last txt blk).
Since24 TONNIES suggests using a “computer” to adjust a plate via c.2,ll. 5-20:
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, one of skill in the art could or would have done is refer to others making TONNIES’ be as FISSETTE’s seeing in the change more motivation to combine references, FISSETTE, page 3, last txt blk to page 4, 1st txt blk:
The aim of the invention is to provide a method for direct digital reading of such parameters, applicable to conventional commercial instruments, i.e. usable without the contribution of the invention, and which are slightly modified to fit within the scope of the invention. In particular, the idea is to improve the ergonomics of these instruments by providing them with a "digital magnifying glass" effect, because the physical graduations that appear there are generally very small. Moregenerally, the invention makes it possible to automatically read the measurements of many mechanical orthopedic instruments.
via explicit, creative, routing, inferential Supreme Court steps, A,B,C:
SCALE PLATE CORRELATION WITH INSTRUMENT READING:
A) make FISSETTE’s fig. 2 taking digital meter readings:
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be as TONNIES’ teaching of an “instru-ment reading from a fixed scale plate” (c.2,ll. 5-20)
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B) read TONNIES’ meter with FISSETTE’s digital-smart-glasses reader:
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C) correlate the results of the meter with preselected exposure values;
D) check for any deviations in the correlation of exposure values;
E) if exposure reading deviations occur, adjust TONNIES’ meter’s scale plate using the TONNIES’ known adjusting computer to make exposure deviations zeroed;
F) see what happens (I foresee more motivation of enlarging the exposure readings thus making the exposure readings easier to see/correlate with other exposure readings:
The aim of the invention is to provide a method for direct digital reading of such parameters, applicable to conventional commercial instruments, i.e. usable without the contribution of the invention, and which are slightly modified to fit within the scope of the invention. In particular, the idea is to improve the ergonomics of these instruments by providing them with a "digital magnifying glass" effect, because the physical graduations that appear there are generally very small. More generally, the invention makes it possible to automatically read the measurements of many mechanical orthopedic instruments:
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).
Re 2. (Original), TONNIES discloses The graduation-plate posture inspection method according to claim 1, wherein the first contrast region and the second contrast region are positioned on opposite25 sides of each other (or likewise said “adjacent26 areas27”, wherein one thing (outside area) ends and another thing (another outside area) begins) with a center (as shown in fig. 1:4: center: “8” & “1/50”) of the graduation plate or28 29.
Re 6. (Currently amended), TONNIES teaches The graduation-plate posture inspection method according to claim 1, wherein the extracting
calculating a center30 (fig. 1: center of scale at “1/50 8”) of the graduation plate, that comprises:
calculating a line31 (fig. 1: a line/row of a 1st set of numbers) connecting a first pair32 (said 1st set of numbers) of graduations at point symmetrical positions (fig. 1:4: a symmetrical circle-shape with numbered tick-mark positions) with respect to a center (fig. 1: center of scale at “1/50 8”) of the graduation plate, and a line (fig. 1: a line/row of a 2nd set of numbers) connecting a second pair of graduations at point symmetrical positions with respect to a center of the graduation plate; and
setting an intersection point (fig. 1: a tick-mark at said “1/50 8”) of the line connecting the first pair of graduations and the line connecting the second pair of graduations as the center of the graduation plate (via figure 1 in view of MPEP 2125 Drawings as Prior Art:
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Fig. 1: Zoom-in:
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Claim 9 is rejected like claims 1 and 8:
Re 9. (Currently Amended), TONNIES discloses A graduation-plate posture inspection apparatus configured to inspect a relative posture between a camera and a graduation plate, the apparatus comprising a processor configured to:
acquire image data on the graduation plate from the camera;
extract a first contrast region and a second contrast region in the image data;
contrast the first contrast region with the second contrast region based on brightness or color; and
display on a monitor an indication of whether the graduation plate and the camera are relatively inclined with respect to each other based on the result of the contrasting operation,
wherein when the camera and gradation plate are relatively inclined with respect to each other, the monitor displays the magnitude of the relative inclination to provide guidance for adjusting the posture of the graduation plate to reduce the relative inclination between the camera and the graduation plate, and
wherein the relative posture between the camera and the graduation plate is inspected based on a contrast result by the contrast operation.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of RATH (US 2,379,103):
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Re 3. (Original), TONNIES teaches The graduation-plate posture inspection method according to claim 1, wherein the first contrast region and33 the second contrast region each34 contain a background-colored portion (or likewise “a light foreground” (opposed to background), pg. 1, lcol,ll.30-35) of35 the graduation plate36 and37 a printed 38 mark (as understood by the numbered scale-plate 4 in fig. 1).
TONNIES does not teach the difference of claim 3 of:
(region)39 each40 contain.
RATH teach the difference of claim 3 of:
(region)41 (or likewise “at least one light pervious or transparent test mark or area…adjacent to a substantially opaque or standard area”, pg. 1, lcol,ll.5-15: fig. 1:17:printing-plate diamond: fig. 1:12:background-“color”, pg. 1, rcol,ll.35-40) each42 contain (a disk as shown in fig. 1, reproduced below) (a background-colored portion of the graduation plate and a printed mark).
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Since TONNIES teaches a printing-plate, one of skill in the art of printing can make TONNIES’ (fig. 2:empty-space) be as RATH’s (fig. 4:40-47) seeing in the change “improve the design and operation of extinction type exposure meters of the above character by enabling additional exposure controlling factors, such as film speed or emulsion sensitiv- ity, filter factors and in particular the effect of the varying eye sensitivity to be considered in a simple and reliable manner”, RATH, 1st page, rcol,ll.5-10:
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Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of BERND et al. (DE 19517476 B4) with SEARCH machine translation:
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Re 4. (Previously Presented,TONNIES teaches The graduation-plate posture inspection method according to claim 1, wherein the contrasting comprises calculating43 (or likewise said “correlating the instru-ment reading”) a difference44 (or likewise said “picture area…of…contrast”) between 4546 luminance values (or likewise said “brightness values”) of adjacent (or likewise said “adjacent areas”) pixels in each of the first contrast region and the second contrast region to contrast47 (or likewise low brightness values as contrasted with a higher brightness range via said “High sensitivity is… obtained at low bright-ness values…and48 high accuracy is obtained at a higher brightness range”) a magnitude49 (or likewise said “low bright-ness values”) of the difference in the first contrast region with a magnitude (or likewise said “a higher brightness50 range”) of the difference in the second contrast region.
TONNIES does not teach the difference of claim 4 of:
pixels.
BERND teach the difference of claim 4 of:
pixels (or “camera pixels”, pg. 8, 3rd txt blk).
Since TONNIES teaches a camera with exposure, one of skill in the art can make TONNIES’ be as BERND’s seeing in the change “video signals of all within the detail field of the CCD ( 214 ) used for exposure control” “As particular easy to use…exposure metering”, BERND, pg. 11, 1st txt blk & pg. 4, 4th txt blk.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of WANG et al. (CN 101221616 A) with SEARCH machine translation:
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Re 5. (Currently amended), TONNIES teaches The graduation-plate posture inspection method according to claim 1, further comprising:
before the extracting
adjusting a brightness51 by adjusting illumination (or likewise “adjusting…in accordance with…exposure52”, pg. 2,lcol,ll. 10-20, via “sunlight”, pg. 1,lcol,ll.30-35) and camera53 exposure (or likewise “exposure meter”, pg, 1, lcol, ll.40-45) in such a manner that an exposure time of the camera is the longest within a range (or likewise “in the bright range”, pg. 1,lcol,ll 50-55) in which luminance (or likewise said “brightness values”) of pixels in the image data is not saturated, and that the number (or likewise said “brightness values”) of pixels having brightness above a predetermined threshold is a predetermined 54 count value (or likewise said “brightness values”) 55 56.
TONNIES does not teach the difference of claim 5 of:
(exposure) time…is the longest…
pixels…above a predetermined threshold is a predetermined fixed57 count value 58 59.
WANG teach the difference of claim 5 of:
(exposure) time…is the longest (or likewise “over exposure”, pg. 7, last txt blk)…
pixels…above a predetermined threshold is a predetermined fixed60 count value (or likewise a “pixel point…value…is greater than the threshold value…the point…can be removed…noise”, pg. 6, text blk continued to page 7, 1st txt blk) 61 62.
Since TONNIES teaches an exposure, one of skill in the art of exposures can make TONNIES’ be as WANG’s seeing the change “removing micro-image noise… improving effect indistinct, distorting and unclear image caused by short of exposing, over-exposing”, WANG, pg,. 10, txt blk.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of TAKEYOSHI et al. (WO 2017/126052 A1) with SEARCH machine translation:
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Re 7. (Previously Presented), TONNIES teaches The graduation-plate posture inspection method according to claim 6, wherein the calculating the center comprises:
searching for edge (“outline 10”, pg. 3, rcol,ll.1-5) coordinates on one side (or likewise “crossed rectangles”, pg. 2, rcol, ll.1-5: fig.1: 10) from one side (or likewise said “crossed rectangles” having four sides) of each graduation in a width direction (or likewise fig. 1: “wide measuring angle”, pg. 1, lcol,ll.30-35) using a predetermined algorithm, and edge (likewise said “outline 10”) coordinates on the other side (or likewise said “crossed rectangles” having four sides) from the other side of the graduation in the width direction using the same algorithm with an orientation different63 from the predetermined algorithm; and
calculating64 (via the exposure meter/camera) the line (said fig. 1: a line of a 1st set of numbers) connecting each pair (or likewise said fig. 1: a line of a 1st set of numbers & a line of a 2nd set of numbers ) of graduations by setting a midpoint (or likewise said fig. 1: center of scale at “1/50 8”) between the edge coordinates on the one side and the edge coordinates on the other side as center (or likewise said fig. 1: center of scale at “1/50 8”) coordinates of a width (or likewise said fig. 1: “wide measuring angle”) of each graduation and connecting (via said line/row) the center coordinates of each pair (or likewise said fig. 1: a line of a 1st set of numbers & a line of a 2nd set of numbers ) of graduations.
TONNIES does not teach the difference of claim 7 of:
(edge) coordinates…using a predetermined algorithm… (edge) coordinates…using the same algorithm with an orientation65 different66 from the predetermined algorithm…
the (edge) coordinates…the (edge) coordinates…the (center) coordinates.
TAKEYOSHI teach the difference of claim 7 of:
(edge) coordinates (figs. 18,19:x-y: “edge”-“coordinates”, pg. 34: 7th txt blk)…using a predetermined algorithm (or “an alignment control algorithm”, pg. 22, last txt blk or “image recognition software”, pg. 33, 2nd txt blk)… (edge) coordinates (figs. 18,19:x-y : “edge”-“coordinates”, pg. 35, 3rd text blk)…using the same algorithm with an orientation67 different68 (or likewise vertical “Y direction”, pg. 22 last txt blk, is different/opposite from horizontal “X direction”, pg. 34, 1st txt blk, as shown by the x-y axis in figures 18,19) from the predetermined algorithm…
the (edge) coordinates (figs. 18,19:x-y coordinates)…the (edge) coordinates (fig. 18,19:x-y coordinates)…the (center) coordinates (figs. 18,19:23a: x-y coordinates).
Since TONNIES teaches a scale plate computer is known and thus left out (i.e., the reason to combine references) via page 2, lcol,ll.10-25:
Some known form of computer will be provided for adjusting the scale plate angulariy in accordance with selected values of exposure factors such as film speed and diaphragm opening or for correlating the Instrument reading from a fixed scale plate with the selected exposure factor values. The computer mechanism forms no part of the present Invention and, for simplicity of illustration, has been omitted from the drawing.
, one of skill in the art of scale plates can make TONNIES’ be as TAKEYOSHI’s (permanently fixed “gray scale”-“reference69 plate 23”, pg. 33, 6th txt blk) seeing the change “constructing… high-definition70 image photographed” ,TAKEYOSHI, pg. 32, 4th txt blk, sharper and more detailed than normal by:
directing TONNIES meter towards TAKEYOSHI’s fixed/stable reference scale plate 23 (shown below);
taking a measurement of the adjacent contrasting pattern regions in TAKEYOSHI’s reference scale-plate 23;
sending the measurements to TAKEYOSHI’s computer; and
correlating the input readings of the reference scale-plate with selected camera/meter exposure factor values:
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Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of NOHARA et al. (CN 110914094 A) with SEARCH machine translation:
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Claim 8 is rejected like claim 1:
Re 8. (Currently amended), TONNIES teaches A non-transitory computer-readable recording (likewise “indications”71, pg, 1, ll. 25-30) medium storing a graduation-plate (fig. 1:4) posture (via said “wide measuring angle” “β” or narrow angle “α”) inspection (via said “the measuring angle determined”) program causing a computer (“computer”, pg. 2,ll.10-15) to execute operations comprising:
acquiring image data on a graduation plate from a camera;
extracting a first contrast region and a second contrast region in the image data;
contrasting the first contrast region with the second contrast region based on brightness or color; and
displaying on a monitor an indication of whether the graduation plate and the camera are relatively inclined with respect to each other based on the result of the contrasting operation,
wherein when the camera and gradation plate are relatively inclined with respect to each other, the monitor displays the magnitude of the relative inclination to provide guidance for adjusting the posture of the graduation plate to reduce the relative inclination between the camera and the graduation plate, and
wherein a relative posture between the camera and the graduation plate is inspected based on a contrast result by the contrasting operation.
TOMMIES does not teach the difference of claim 8 of:
A non-transitory computer-readable (recording) medium storing a (graduation-plate posture inspection) program causing (a computer) to execute operations.
NOHARA teach the difference of claim 8 of:
A non-transitory computer-readable (recording) medium (or likewise “the non-transitory tangible recording medium (non-transitory tangible storage medium)“, pg. 11, last txt blk) storing a (graduation-plate posture inspection) program causing (a computer) to execute operations.
Since TONNIES teaches that a computer is known for moving the meter’s pointer and omits the computer from the drawings (i.e., the reason to combine references) via page 2, lcol,ll.10-25:
Some known form of computer will be provided for adjusting the scale plate angulariy in accordance with selected values of exposure factors such as film speed and diaphragm opening or for correlating the Instrument reading from a fixed scale plate with the selected exposure factor values. The computer mechanism forms no part of the present Invention and, for simplicity of illustration, has been omitted from the drawing.
one of skill in the art can make TONNIES’s (display 4) be as NOHARA’s (display 10) seeing in the change a “display model…to easily recognize the numerical value indicated by the pointer”, NOHARA, pg. 41, 3rd text blk:
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Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of HAK-BONG et al. (KR 0123135 Y1) with SEARCH machine translation:
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Re 10. (Original), TONNIES teaches The graduation-plate posture inspection apparatus according to claim 9, 72 737475
76 7778.
TONNIES does not teach, under a narrow claim scope under the broadest reasonable interpretation of claim 10, the difference of claim 10 of:
the camera is installed79.
HAK-BONG teach, under the broadest reasonable interpretation of claim 10, the difference of claim 10 of:
the camera is installed80 (or likewise “camera 18 is initially positioned81 at the position to be photographed”, pg. 5, 3rd txt blk).
HAK-BONG teaches, under the NON-broadest reasonable interpretation of claim 10, The graduation-plate posture inspection apparatus according to claim 9, wherein82 a base plate (“base plate 3”, pg. 4, 3rd txt blk) extending from a stand part (or “loading stand”, pg. 6, 4th txt blk) configured to hold a measuring device (or likewise “scale plate 4”, pg. 4m 4th txt blk) to be inspected83 (or likewise “viewing84…the…scale plate 4”, pg. 4, last txt blk) including85 the graduation plate to be inspected 86is provided, and
the camera is installed87 (or likewise “camera 18 is initially positioned88 at the position to be photographed”, pg. 5, 3rd txt blk) on the base plate89.
Since TONNIES teaches a camera, one of skill in the art of cameras can make TONNIES’ camera-meter (fig. 1:1) be as HAK-BONG’s (figures 5,6:18) seeing in the change “to connect and shoot a wide range of parts…making it easy and accurate to take a photograph of…a useful design to minimize the fatigue of the photographer”, HAK-BONG, pg. 6, 1st txt blk.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of MASAO et al. (JP 2002-257503 A) with SEARCH machine translation:
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Re 11. (Original), TONNIES teaches The graduation-plate posture inspection apparatus according to claim 9, wherein the90 stand91 part (or likewise “rec-tangular”- “casing”92, pg. 1, rcol, ll. 15-20, holding up a gage) is installed93 (or likewise “movement into closed position”, pg. 1, rcol,ll. 20-25) on94 a master gauge to enable95 a relative position and posture96 of the97 measuring device (or likewise two postures via a “meter including a…closed position…and…An…operative position”, pg. 1, rcol,ll.15-30) to be inspected (or like said “the measuring angle determined”98)99100 to101 be102103 fixed (or likewise a fixed graduated instrument via “fixed scale plate”-“reading”104, pg. 2, lcol,ll.15-20).
TONNIES does not teach the difference of claim 11 of:
on a master gauge.
MASAO teach the difference of claim 11 of:
on a master gauge (or likewise “on the master gauge”, pg. 4, 2nd txt blk).
Since TONNIES teaches a pointer105106 (or likewise a dial or gauge), one of skill in the art of pointers can make TONNIES’ be as MASAO’s seeing in the change a pointer arranged or fitted properly via “the reference surface is placed on the master gauge to adjust and fix the interval between the thread rolls of the measurement legs, and the zero point of the dial gauge is adjusted107.”, MASO’s pg. 4, 2nd txt blk, by:
open TONNIES’ casing, fig. 1:1;
adjust (zero-out) MASAO’s gauge to the middle position, MASAO: fig. 2:50, using the master gage, such that the dial-gage 50 is on the master gage (MASAO, fig. 9:45,46,47);
install MASAO’s adjusted-to-zero gage (fig. 2:10,30,31) into TONNIES casing fig. 1:1;
make available connections from the installed adjusted-to-zero gage to TONNIES’ computer;
close back TONNIES’ casing resulting in the combination of TONNIES,MASAO:
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Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over TONNIES (US 2,227,166 A) with annotated version thereof plus annotated version thereof II further in view of FISSETTE et al. (WO 2024/200211 A1) with machine translation as applied in claims 1,2,6,9 further in view of CHU et al. (TW M549867 U) with SEARCH machine translation:
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Re 12. (New), TONNIES teaches A graduation-plate posture inspection method for inspecting a relative posture108 between109110 {{{a reciprocally movable camera and}}} a graduation plate (or likewise “a pointer 3 that is displaced with respect to the double range scale plate 4…with selected exposure factor values”, annotation II: pg. 2, lcol, l.5 to l.20), the method comprising:
positioning the camera (or likewise “the view finder…of an average camera”, annotation II: pg. 2, rcol, ll.1-10), reciprocally movable on a base plate, a predetermined distance from graduation plate;
acquiring image data (or likewise “the exposure meter is used to determine exposure111 data”) of the graduation plate from the camera;
extracting a {{first}} contrast region (or likewise “indicate the portion of the larger measuring field112 that is included with-in the” “contrast”-“picture area”, annotation II: pg. 1, lcol,ll.20-25 and pg. 2, rcol, ll.1-5) {{{and a second contrast region}}} of the graduation plate from the image data;
determining a contrast between the first contrast region {{{and the second contrast region}}} based on brightness or color (or likewise a “determination of…brightly lighted scene…differs…from that of the adjacent areas”, annotation II: pg. 1, l col,ll. 25-30); and
inspecting the relative posture113 (or likewise angularly inspecting a pointer needle part with respect to a graduated scale part via “a pointer 3 that is displaced with respect to the double range scale plate 4…are ex-posed to view114…angularly”, annotation II, pg. 2, lcol, ll.5-15) between115116 the camera {{{and the graduation plate}}} based on the contrast.
TONNIES does not teach the difference of claim 12 of:
(positioning the camera,)117 reciprocally movable on a base plate, a predetermined distance from (graduation plate118).
CHU teach the difference of claim 12 of:
(positioning the camera,)119 reciprocally movable (or likewise “The first position P1 (see FIG. 6) reciprocates between a second position P2 (see FIG. 7)… relative to the first and second side plates 21, 22, thereby changing the image capturing angle of the camera module 1”, pg. 6, last txt blk) on a base plate (or likewise “The base plate 20 includes a first side plate 21 and a second side plate 22”, pg. 5, 3rd txt blk), a predetermined distance (via the “ruler”, pg. 9, last txt blk, fig. 1:621,622) from (graduation plate120)121 (via fig. 1: base plate 20:
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Since122 TONNIES suggests using a “fixed scale plate” to adjust/correlate another scale plate that deviates from preset camera exposure settings via c.2,ll. 5-20:
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, one of skill in the art could or would have done is refer to others making TONNIES’ be as CHU’s (“scale plates 90”, CHU: pg. 10, 1st txt blk: i.e. graduated-adjusting knobs) seeing in the change more motivation on top of the initial motive to combine references, via CHU, page 4, 2nd txt blk:
The effect of the present invention is that the first screw is driven to rotate the first screw to move the slider along the axial direction of the first screw, and the long slot hole edge of the slider pushes the moving rod, thereby driving The fixing frame pivots relative to the base to change the image capturing position of the camera module, so that the adjustment of the image capturing position of the camera module is more convenient and accurate.
via explicit, creative, routine, inferential Supreme Court steps, A,B,C:
A) install TONNIES’ camera/exposure meter of fig. 2 into CHU’s camera bracket of fig. 6:
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B) see what happens (I foresee goodness/motivation to specifically combine TONNIES with CHU for accurate/convenient camera exposure readings:
The effect of the present invention is that the first screw is driven to rotate the first screw to move the slider along the axial direction of the first screw, and the long slot hole edge of the slider pushes the moving rod, thereby driving The fixing frame pivots relative to the base to change the image capturing position of the camera module, so that the adjustment of the image capturing position of the camera module is more convenient and accurate:
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).
Conclusion
The prior art “nearest to the subject matter defined in the claims” (MPEP 707.05) made of record and not relied upon is considered pertinent to applicant's disclosure.
The following table lists several references that are relevant to the subject matter claimed and disclosed in this Application. The references are not relied on by the Examiner, but are provided to assist the Applicant in responding to this Office action:
Citation
Relevance
時枝 幸伸 (Yukinobu Tokieda) et al. (JP 3701167 B2) with SEARCH machine translation
Tokieda teaches a “scale plate…image that has…contrast” (figs. 4,9: scale plate 20) and displays the “captured”123 result (fig. 9: “Level=33cm”)”
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[0054]
In the embodiment of the present invention, the black and white striped pattern on the scale plate scale increases the variation of the differential value of the pixel value. However, when it enters the water, the image that has been transmitted or reflected by the water surface is imaged by the imaging device. The transmitted and reflected objects have lower contrast than those that can be seen directly. The contrast reflects variations in pixel values.
[0109]
An example of the water level measurement result by the water level measuring device 1 according to the embodiment of the present invention is as shown in FIG. 9, and the water surface is correctly captured and the accurate water level is determined.
as the closest to the claimed “display on a monitor an indication of whether the graduation plate and the camera are relatively inclined…based on the result of the contrasting operation” of claim 1.
HUANG et al. (CN 106482895 A) with SEARCH machine translation
HUANG teaches displaying a graduated plate as image contrast via a “different detection points…dial124…displayed…as image contrast”
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Abstract
The invention claims a detector of automatic check vacuum pressure gauge, it adopts vacuum pressure meter checking mechanism for the detected vacuum pressure gauge at different detection points; a camera detecting mechanism for detecting different detection point under vacuum pressure gauge dial to photograph, and the dial picture containing the pointer to the microprocessor; the microprocessor comparing the image under different detection point according to the built-in standard vacuum pressure gauge, if they are the same, judging is qualified, if not the same, is judged to be not qualified, and the qualified information transmitted to the computer and displayed on the display screen of the computer, the above setting of the pointer at each point as image contrast, so as to avoid the artificial viewing angle exists, there are problems such as working time certain accumulated error, so that there is low artificial efficiency, detection is not accurate. Therefore, the invention can be widely used for detecting the vacuum pressure meter is qualified field.
as the closest to the claimed “display on a monitor an indication of whether the graduation plate and the camera are relatively inclined…based on the result of the contrasting operation” of claim 1.
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 DENNIS ROSARIO whose telephone number is (571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at 571-272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DENNIS ROSARIO/Examiner, Art Unit 2676
/Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
1 Regarding claim 10’s “a measuring device to be inspected including the graduation plate to be inspected”: claim 1’s “relative posture” is the object of “inspecting”
2 Regarding claim 10’s “a measuring device to be inspected including the graduation plate to be inspected”: claim 1’s “a graduation plate” is the object of “between” and NOT claim 1’s “inspecting”
3 Is the noun-phase “a relative posture between a camera and a graduation plate” the grammatical object of claim 1’s “inspecting”? I don’t’ think so.
4 scale: a succession or progression of steps or degrees; graduated series. (Dictionary.com)
5 MPEP 2114 II. MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART, 2nd S: A claim containing a "recitation with respect to the manner in which a claimed apparatus (claim 1: “camera”) is intended to be employed (“inspecting relative posture”) does not differentiate the claimed apparatus (claim 1: “camera”) from a prior art apparatus (“TONNIES": fig. 1:1: exposure meter) if the prior art apparatus (“TONNIES": fig. 1:1: exposure meter) teaches all the structural (camera) limitations of the claim.--
6 camera: an optical device consisting of a lens system (TONNIES: fig. 6:lens 14) set in a light-proof construction (TONNIES: fig. 2:lid) inside which a light-sensitive film (TONNIES: fig. 1: “photocell 2”, pg. 2,lcol,ll.1-5, wherein photocell is defined: Also called: photoelectric cell. electric eye. a device in which the photoelectric or photovoltaic effect or photoconductivity is used to produce a current or voltage when exposed to light or other electromagnetic radiation. They are used in exposure meters, burglar alarms, etc , wherein photovoltaic effect is defined: the effect observed when electromagnetic radiation, esp visibile light from the sun, falls on a thin film of one solid deposited on the surface of a dissimilar solid producing a difference in potential between the two materials (Dictionary.com) or plate (TONNIES “filter or light absorbing plate 17”,TONNIES: pg. 2,rcol,ll. 50-55) can be positioned See also cine camera digital camera, wherein light-sensitive is defined: physics (of a surface) having a photoelectric property, such as the ability to generate a current, change its electrical resistance, etc, when exposed to light (Dictionary.com)
7 Since TONNIES teaches “all the structural limitations” (fig. 6:lens 14, fig. 2:lid/cover, figs. 1,2,3,4,5,6,7,8,9: thin-film 2) of claim 1, the claimed “camera” is anticipated in view of said MPEP 2114 II. MANNER OF OPERATING THE DEVICE DOES NOT DIFFERENTIATE APPARATUS CLAIM FROM THE PRIOR ART, 2nd S. Since TONNIES’ fig. 1:1 has all the structural limitation parts of a camera, fig. 1:1 is a camera.
8 photograph: to take a photograph of, wherein take is defined: to extract or quote. (Dictionary.com)
9 BROAD CLAIM LANGUAGE: to compare in order to show unlikeness or differences; note the opposite natures, purposes, etc., of, wherein etc. is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too.(Dictionary.com)
10 and: but; on the contrary, wherein contrary is defined: opposite in nature or character; diametrically or mutually opposed, wherein opposed in defined: set against or contrasted with something else or with each other; viewed as contrary or competing. . (Dictionary.com)
11 whether: if on the one hand…or even if on the other hand, wherein if is defined: as it would be if; as though (Dictionary.com)
12 “are” essentially means look at a figure (Dictionary.com)
13 Regarding “inclined” in view of applicant’s disclosure:
--[0079]
The present invention is not limited to the above exemplary embodiment, and can be modified as appropriate without departing from the gist.—Thus embodiments/meanings/form (of “incline”) can be somewhat modified.
14 inclined: disposed; of a mind (usually followed by to ), wherein disposed is defined: having a certain inclination or disposition; inclined (usually followed by to or an infinitive), wherein disposition is defined: arrangement or placing, as of troops or buildings. (Dictionary.com)
15 “based” is participating (as in past-participle) in the action of the claimed “displaying” and not participating in the action of the claimed “inclined”: thus “displaying” and “based” goes together as a couple
16 “on” typically goes together with “based” as a couple
17 angle: an angular projection or recess; corner wherein angular is defined: placed at an angle, wherein place is defined: to put or set in a particular or appropriate place, wherein place is defined: position, condition, or state
18 Inclination: the act of inclining; state of being inclined. (Dictionary.com)
19 posture: a state, situation, or condition (Dictionary.com)
20 angle: an angular projection or recess; corner wherein angular is defined: placed at an angle, wherein place is defined: to put or set in a particular or appropriate place, wherein place is defined: position, condition, or state
21 determined: to conclude or ascertain, as after reasoning, observation, etc., wherein observation is defined: an act or instance of viewing or noting a fact or occurrence for some scientific or other special purpose, wherein view is defined: to look at; survey; inspect. (Dictionary.com)
22 (italics) represent claim limitations already taught
23 (italics) represent claim limitations already taught
24 i.e. This is the initial motive/cause/reason/motorvation to combine references under 35 USC 103
25 opposite: situated, placed, or lying face to face with something else or each other, or in corresponding positions with relation to an intervening line, space, or thing. (Dictionary.com)
26 adjacent: lying near, close, or contiguous; adjoining; neighboring, wherein adjoining is defined: being in contact at some point or line; located next to another; bordering; contiguous, wherein bordering is defined: to form or constitute a border; be next to, wherein border is defined: the part or edge of a surface or area that forms its outer boundary, wherein boundary is defined: a line or limit where one thing ends and another begins, or something that indicates such a line or limit, wherein begin is defined with opposite: end/Antonyms: to proceed to perform the first or earliest part of some action; commence; start. Antonyms: end (Dictionary.com)
27 area: any particular extent of space or surface; part, wherein surface is defined: the outer face, outside, or exterior boundary of a thing; outermost or uppermost layer or area. (Dictionary.com)
28 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss: Language (“or”) that suggests or makes a feature (“a virtual straight line passing through the center of the graduation plate between the first contrast region and the second contrast region “) or step optional (since “or” is alternative language) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art.
29 The struck-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss
30 MPEP 2125 Drawings as Prior Art [R-10.2019]
I. DRAWINGS CAN BE USED AS PRIOR ART
Drawings (TONNIES’s fig. 1 of a curved-display meter) and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). However, the picture (TONNIES’s fig. 1 of a curved-display meter) must show all the claimed structural features (of claim 6) and how they are put together. Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). See MPEP § 2121.04 for more information on prior art drawings as "enabled disclosures."
31 line: a row of written or printed letters, words, etc.., wherein row is defined: a number of persons or things arranged in a line, especially a straight line, wherein arrange is defined: to place in proper, desired, or convenient order; adjust properly, wherein order is defined: the disposition of things following one after another, as in space or time; succession or sequence, wherein sequence is defined: a continuous or connected series.(Dictionary.com)
32 pair: a set or combination of more than two objects forming a collective whole. (Dictionary.com)
33 and: (used to connect grammatically coordinate words, phrases, or clauses) along or together with; as well as; in addition to; besides; also; moreover. (Dictionary.com)
34 each: ADVERB to, from, or for each; apiece, wherein apiece is defined: for each piece, thing, or person; for each one; each.(Dictionary.com)
35 of: (used to indicate possession, connection, or association). (Dictionary.com)
36 plate: a flat or curved sheet of metal, plastic, glass, or similar hard material, on which a picture or text has been engraved, etched, molded, photographically developed, or drawn, that is inked, as in a press, for printing impressions on other surfaces. (Dictionary.com)
37 and: (used to connect grammatically coordinate words, phrases, or clauses) along or together with; as well as; in addition to; besides; also; moreover. (Dictionary.com)
38 The crossed-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss
39 (italics) represent claim limitations already taught.
40 each: every one (region) of two or more (regions) considered individually or one (region) by one (region).
41 (italics) represent claim limitations already taught.
42 each: ADVERB to, from, or for each; apiece, wherein apiece is defined: for each piece, thing, or person; for each one; each.(Dictionary.com)
43 calculate: to determine by reasoning, common sense, or practical experience; estimate; evaluate; gauge, wherein gauge is defined: to determine the exact dimensions, capacity, quantity, or force of; measure.(Dictionary.com)
44 BROAD CLAIM LANGUGAGE: difference: a distinguishing characteristic; distinctive quality, feature, etc.. (Dictionary.com)
45 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss: Language (“pixel values or luminance values”) that suggests or makes a feature or step optional (“or” is alternative language) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (“pixel values or luminance values”), the prior art teaches the element if one of the alternatives (“pixel values or luminance values”) is taught by the prior art
46 The cross out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss
47 contrast: to compare in order to show unlikeness or differences; note the opposite natures, purposes, etc., of. (Dictionary.com)
48 and: but; on the contrary, wherein contrary is defined: opposite in nature or character; diametrically or mutually opposed, wherein opposed in defined: set against or contrasted with something else or with each other; viewed as contrary or competing. . (Dictionary.com)
49 “magnitude” is the object of “contrast”
50 brightness: Optics. the luminance of a body, apart from its hue or saturation, that an observer uses to determine the comparative luminance of another body. Pure white has the maximum brightness, and pure black the minimum brightness, wherein luminance is defined: Optics. the quantitative measure of brightness of a light source or an illuminated surface, equal to luminous flux per unit solid angle emitted per unit projected area of the source or surface. (Dictionary.com)
51 “brightness” is the object of “adjusting”, wherein object is defined: grammar a noun, pronoun, or noun phrase whose referent is the recipient of the action of a verb (“adjusting”) See also direct object indirect object (Dictionary.com)
52 exposure: Photography. the total amount of light received by a photosensitive surface or an area of such a surface, expressed as the product of the degree of illumination and the period of illumination. (Dictionary.com)
53 camera: an optical device (TONNIES: fig.1:1) consisting of a lens system (TONNIES: fig. 6:14) set in a light-proof construction (TONNIES: fig. 2:lid) inside which a light-sensitive film or plate (TONNIES “filter or light absorbing plate 17”,pg. 2,rcol,ll. 50-55) can be positioned See also cine camera digital camera (Dictionary.com)
54 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“predetermined fixed”) that suggests or makes a feature or step optional (“predetermined fixed” suggests coordinate-adjective alternatives: predetermined count value AND fixed count value) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (predetermined count value AND fixed count value), the prior art teaches the element if one of the alternatives (predetermined count value AND fixed count value) is taught by the prior art.
55 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“a predetermined fixed count value or more”) that suggests or makes a feature or step optional (“or” suggests alternatives) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art.
56 The strike-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S.
57 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“predetermined fixed”) that suggests or makes a feature or step optional (“predetermined fixed” suggests coordinate-adjective alternatives: predetermined count value AND fixed count value) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (predetermined count value AND fixed count value), the prior art teaches the element if one of the alternatives (predetermined count value AND fixed count value) is taught by the prior art.
58 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“a predetermined fixed count value or more”) that suggests or makes a feature or step optional (“or” suggests alternatives) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art.
59 The strike-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024],
60 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“predetermined fixed”) that suggests or makes a feature or step optional (“predetermined fixed” suggests coordinate-adjective alternatives: predetermined count value AND fixed count value) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives (predetermined count value AND fixed count value), the prior art teaches the element if one of the alternatives (predetermined count value AND fixed count value) is taught by the prior art.
61 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd S:
Language (“a predetermined fixed count value or more”) that suggests or makes a feature or step optional (“or” suggests alternatives) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art.
62 The strike-out text “does not limit the scope of a claim under the broadest reasonable claim interpretation” in view of said MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024],
63 different: various; several, wherein various is defined: of different kinds, as two or more things; differing one from another (Dictionary.com)
64 calculate: to determine by reasoning, common sense, or practical experience; estimate; evaluate; gauge, wherein gauge is defined: to determine the exact dimensions, capacity, quantity, or force of; measure. (Dictioanry.com)
65 orientation: one's position in relation to true north, to points on the compass, or to a specific place or object. (Dictionary.com)
66 different: various; several, wherein various is defined: of different kinds, as two or more things; differing one from another (Dictionary.com)
67 orientation: one's position in relation to true north, to points on the compass, or to a specific place or object. (Dictionary.com)
68 different: various; several, wherein various is defined: of different kinds, as two or more things; differing one from another (Dictionary.com)
69 reference: reference mark, wherein reference mark is defined: Surveying. a permanent mark set at a specific distance in a specific direction from a survey station so as to permit accurate reestablishment of the station.
70 high definition: a system for screen display of images that are sharper and more detailed than normal, having many more than the standard number of scanning lines per frame: HD (Dictionary.com)
71 indication: the degree marked by an instrument, wherein mark is defined: to record, as a score. (Dictionary.com)
72 MPEP 2111.04 I. "ADAPTED TO," "ADAPTED FOR," "WHEREIN," and "WHEREBY":
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are:
(A) "adapted to" or "adapted for" clauses;
(B) "wherein" clauses (Claim 10: “wherein a base plate extending from a stand part configured to hold a measuring device to be inspected including the graduation plate to be inspected is provided”); and
(C) "whereby" clauses.
The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case. See, e.g., Griffin v. Bertina, 285 F.3d 1029, 1034, 62 USPQ2d 1431 (Fed. Cir. 2002) (finding that a "wherein" clause limited a process claim where the clause gave "meaning and purpose to the manipulative steps").
73 This “measuring device” inspection is not the same “posture” inspection of claim 1
74 including: to contain, as a whole does parts or any part or element, wherein contain is defined: to be equal to (Dictionary.com)
75 This “graduation plate” inspection is not the same “posture” inspection of claim 1.
76 BROAD CLAIM LANGUAGE: install: to put in a position, rank, etc (Dictionary.com)
77
78 The crossed-out text “may raise a question as to the limiting effect of the language in a claim” and is determined as not giving "meaning and purpose to the manipulative steps" (such as clam 1’s “inspecting a relative posture”) in view of said MPEP 2111.04 I.
How does inspecting the claimed “base plate extending from a stand part configured to hold a measuring device to be inspected including the graduation plate to be inspected” give meaning and purpose to both of claim 10’s intended-use of “inspecting a relative posture between a camera and a graduation plate” and “wherein the relative posture between the camera and the graduation plate is inspected based on a contrast result [[in]] by the contrasting”?
79 BROAD CLAIM LANGUAGE: install: to put in a position, rank, etc (Dictionary.com)
80 BROAD CLAIM LANGUAGE: install: to put in a position, rank, etc (Dictionary.com)
81 position: to put in a particular or appropriate position; place. (Dictionary.com)
82 MPEP 2111.04 I. "ADAPTED TO," "ADAPTED FOR," "WHEREIN," and "WHEREBY":
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are:
(A) "adapted to" or "adapted for" clauses;
(B) "wherein" clauses (Claim 10: “wherein a base plate extending from a stand part configured to hold a measuring device to be inspected including the graduation plate to be inspected is provided”); and
(C) "whereby" clauses.
The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case. See, e.g., Griffin v. Bertina, 285 F.3d 1029, 1034, 62 USPQ2d 1431 (Fed. Cir. 2002) (finding that a "wherein" clause limited a process claim where the clause gave "meaning and purpose to the manipulative steps").
83 This “measuring device” inspection is not the same “posture” inspection of claim 1
84 view: an instance of seeing or beholding; visual inspection. (Dictionary.com)
85 including: to contain, as a whole does parts or any part or element, wherein contain is defined: to be equal to (Dictionary.com)
86 This “graduation plate” inspection is not the same “posture” inspection of claim 1.
87 BROAD CLAIM LANGUAGE: install: to put in a position, rank, etc (Dictionary.com)
88 position: to put in a particular or appropriate position; place. (Dictionary.com)
89 Claim 10 under the NON-broadest reasonable interpretation “may raise a question as to the limiting effect of the language in a claim” and is determined as not giving "meaning and purpose to the manipulative steps" (such as clam 1’s “inspecting a relative posture”) in view of said MPEP 2111.04 I.
How does inspecting the claimed “base plate extending from a stand part configured to hold a measuring device to be inspected including the graduation plate to be inspected” give meaning and purpose to both of claim 10’s intended-use of “inspecting a relative posture between a camera and a graduation plate” and “wherein the relative posture between the camera and the graduation plate is inspected based on a contrast result [[in]] by the contrasting”?
90 the: (used, especially before a noun, with a specifying or particularizing effect, as opposed to the indefinite or generalizing force of the indefinite article a or an). (Dictionary.com)
91 stand: the act of standing; an assuming of or a remaining in an upright position. (Dictionary.com)
92 casing: a case or covering; housing, wherein housing is defined: Machinery. a fully enclosed case and support for a mechanism, wherein support is defined: to bear or hold up (a load, mass, structure, part, etc.); serve as a foundation for. (Dictionary.com)
93 BROAD CLAIM LANGUAGE: install: to put in a position, rank, etc (Dictionary.com)
94 on: in connection, association, or cooperation with; as a part or element of (Dictionary.com)
95 enable: to make possible or easy (Dictionary.com)
96 posture: position, condition, or state, as of affairs. (Dictionary.com)
97 the: (used, especially before a noun, with a specifying or particularizing effect, as opposed to the indefinite or generalizing force of the indefinite article a or an). (Dictionary.com)
98 determined: to conclude or ascertain, as after reasoning, observation, etc., wherein observation is defined: an act or instance of viewing or noting a fact or occurrence for some scientific or other special purpose, wherein view is defined: to look at; survey; inspect. (Dictionary.com)
99 and: (used to connect grammatically coordinate words, phrases, or clauses) along or together with; as well as; in addition to; besides; also; moreover. (Dictionary.com)
100 the MPEP 2143.03, 3rd para,2nd & 3rd Ss: reproduced below
101 to: A part of speech that indicates the relationship, often spatial, of one word (“fixed”) to another (“the measuring device”). For example, “She paused at the gate”; “This tomato is ripe for picking”; and “They talked the matter over head to head.” Some common prepositions are at, by, for, from, in, into, on, to, and with. (Dictionary.com: Cultural)
102 be: present subjunctive be (used with the past participle (“fixed”) of another verb (“fix”) to form the passive voice) The date was fixed., wherein subjunctive is defined: (in English and certain other languages) noting or pertaining to a mood or mode of the verb (“be”) that may be used for subjective, doubtful, hypothetical, or grammatically subordinate statements or questions, as the mood of be in if this be treason, wherein hypothetical is defined: assumed or entertained as a theoretical possibility, invented example, premise for argument’s sake, etc.; supposed, wherein assumed is defined: taken (Markush alternative language) for granted; supposed, wherein participle is defined: Grammar. a form derived from a verb (“fix”), used in English as an adjective to express participation in the action (“to enable”) or state of the verb (“fix”), or combined with an auxiliary verb to construct any of various tenses, as in a burning candle, a known fact, I am freezing, She has gone: a participle does not specify person or number, but may have a subject or object, show tense, etc., wherein number is defined: Grammar. a category of noun (claim 1’s “position…posture…device…gauge…camera”), verb, or adjective inflection found in many languages, such as English, Latin, and Arabic, used to indicate whether a word has one or more than one referent. There may be a two-way distinction in number, as between singular and plural, three-way, as between singular, dual, and plural, or a more complex system. (Dictioanry.com)
103 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd & 3rd Ss: Language (“be”) that suggests or makes a feature or step optional (“be” suggests a statement to be taken/selected) but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art.
104 reading: the indication of a graduated instrument (Dictionary.com)
105 pointer: the hand on a watch dial, clock face, scale, etc. (Dictionary.com)
106 pointer: an indicator on a measuring instrument, wherein indicator is defined: an instrument that displays certain operating conditions in a machine, such as a gauge showing temperature, speed, pressure, etc (Dictionary.com)
107 adjusted: arranged or fitted properly. (Dictionary.com)
108 MEANING AND PURPOSE of claim 12 is “for inspecting a relative posture”
109 Regarding “between” in view of applicant’s disclosure:
--[0079]
The present invention is not limited to the above exemplary embodiment, and can be modified as appropriate without departing from the gist.—Thus embodiments/meanings/form (of “between”) can be somewhat modified.
110 between: involving; concerning. (Dictionary.com)
111 exposure: the image resulting from the effects of light rays on a photosensitive surface. (Dictionary.com)
112 field: Photography. the area of a subject that is taken in by a lens at a particular diaphragm opening, wherein taken is defined: to extract or quote. (Dictionary.com)
113 posture: the relative disposition of the parts of something, wherein disposition is defined: arrangement or placing, as of troops or buildings (Dictionary.com)
114 view: an instance of seeing or beholding; visual inspection. (Dictionary.com)
115 Regarding “between” in view of applicant’s disclosure:
--[0079]
The present invention is not limited to the above exemplary embodiment, and can be modified as appropriate without departing from the gist.—Thus embodiments/meanings/form (of “between”) can be somewhat modified.
116 between: involving; concerning. (Dictionary.com)
117 (italics) represent claim limitations already taught
118 I am interpreting claim 12, line 4’s “distance from graduation plate” as:
--distance from a or the graduation plate--.
119 (italics) represent claim limitations already taught
120 I am interpreting claim 12, line 4’s “distance from graduation plate” as:
--distance from a or the graduation plate--.
121 (italics) represent claim limitations already taught
122 i.e. This is the initial motive/cause/reason/motorvation to combine references under 35 USC 103
123 capture: Computers. to enter (data) into a computer for processing or storage, wherein computer is defined: a programmable electronic device designed to accept data, perform prescribed mathematical and logical operations at high speed, and display the results of these operations. (Dictionary.com)
124 dial: the circular graduated disc of various measuring instruments, wherein disc is defined: a flat circular plate (Dictionary.com)
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