DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-14, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barron et al. (2006/0196858).
Claim 1
Barron et al. (2006/0196858) discloses a light source (Fig. 5, Ref. 176) configured to generate light directed along a first path (See Fig. 5) toward the gemstone (Fig. 5, Ref. 120); a mask (Fig. 5, Ref. 180; The ring shaped illuminator head blocks light to produce annular shaped illumination beam; Para. 0059) configured to partially obscure the light from the light source (Fig. 5, Ref. 176) to generate a pattern (annular shaped light beam), wherein the partially obscured light is reflected off the gemstone (Fig. 5, Ref. 120); a magnifying optical device (Fig. 5, Ref. 162) configured to magnify light reflected off the gemstone (Fig. 5, Ref. 120) along a second path (Fig. 5, Ref. 164); and a camera (Fig. 5, Ref. 166) positioned to capture the magnified (Fig. 5, Ref. 162) light such that the pattern (Fig. 5, Ref. 182) is captured by the camera (Fig. 5, Ref. 166) when a table (See Fig. 5, Ref. 120, Top flat surface of gemstone) of the gemstone (Fig. 5, Ref. 120) is oriented such that the marking is orientated to be captured by the camera (Fig. 5, Ref. 166)(Para. 0056).
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Claim 2
Barron et al. (2006/0196858) discloses the gemstone (Fig. 5, Ref. 120) is oriented such that the marking (Para. 0058; indicium) is orientated to be captured by the camera (Fig. 5, Ref. 166) when the gemstone (Fig. 5, Ref. 120) is substantially flat (See Fig. 5).
Claim 3
Barron et al. (2006/0196858) discloses the gemstone (Fig. 5, Ref. 120) is substantially flat (See Fig. 5) when light entering (Fig. 5, Ref. 182) the magnifying optical device (Fig. 5, Ref. 162) is substantially normal to the table (Fig. 5, top flat surface) of the gemstone (Fig. 5, Ref. 120).
Claim 4
Barron et al. (2006/0196858) discloses the light source (Fig. 5, Ref. 176) is coherent (Para. 0069; broadband illuminator).
Claim 6
Barron et al. (2006/0196858) discloses the first path (Fig. 5, Ref. 182) and second path (Fig. 5, Ref. 164) at least partially overlap extending in and out of the table (Fig. 5, Ref. 120; top flat surface of diamond).
Claim 7
Barron et al. (2006/0196858) discloses an objective lens (Fig. 4, Ref. 118) through which the first and second path overlap (See Fig. 4, arrows); and a beam splitter (Fig. 4, Ref. 116) configured to reflect light from the light source (Fig. 4, Ref. 42) along the first path through to toward the gemstone (Fig. 4, Ref. 120).
Claim 8
Barron et al. (2006/0196858) discloses the light source is a first light source (Fig. 4, Ref. 42), further comprising a second light source (Fig. 4, Ref. 134) that transmits light along a third path that extends through a facet (Fig. 4, Ref. 120; side of gemstone) of the gemstone (Fig. 4, Ref. 120) and the second path extends out of the table of the gemstone (Fig. 4, Ref. 120; top surface of the gemstone), the facet (side of gemstone) different from the table (top surface of gemstone).
Claim 9
Barron et al. (2006/0196858) discloses the light source is a first light source (Fig. 4, Ref. 42), and further comprising: a second light source (Fig. 4, Ref. 134), different from the first light source (Fig. 4, Ref. 42) configured to illuminate the gemstone (Fig. 4, Ref. 120) when the camera captures (Fig. 4, Ref. 128) an image of the marking (Fig. 4, process monitoring unit Ref. 56).
Claim 10
Barron et al. (2006/0196858) discloses the marking is an inscription (Para. 0048; indicium).
Claim 11
Barron et al. (2006/0196858) discloses the inscription is on the surface of the gemstone (Para. 0048; indicium).
Claim 12
Barron et al. (2006/0196858) discloses the inscription is below the surface of the gemstone (Para. 0048; indicium).
Claim 13
Barron et al. (2006/0196858) discloses the magnifying optical device comprises a lens (Fig. 5, Ref. 162; Para. 0058).
Claim 14
Barron et al. (2006/0196858) discloses a display (Fig. 3, Ref. 62) configured to present an image captured by the camera (Fig. 3, Ref. 56).
Claim 16
Barron et al. (2006/0196858) discloses a computing device (Fig. 3, Ref. 44) configured to recognize an identifier in the marking (Para. 0048; indicium).
Claim 17
Barron et al. (2006/0196858) discloses the computing device (Fig. 2, Ref. 20) is configured to query a database (Fig. 2, Ref. 22) using the identifier to retrieve data describing the gemstone (Para. 0047).
Claim 18
Barron et al. (2006/0196858) discloses the data (Fig. 2, Ref. 22) describing the gemstone include a provenance of the gemstone (Para. 0047; ownership).
Claim 19
Barron et al. (2006/0196858) discloses the marking comprises a logo signifying an entity that marked the gemstone (Para. 0004).
Claim 20
Barron et al. (2006/0196858) discloses the gemstone (Fig. 5, Ref. 120) is mounted on a piece of jewelry (Para. 0014), the viewing device further comprising: a holder (Fig. 5, Ref. 168) to mount jewelry (Fig. 5, Ref. 120) in an adjustable position and orientation (Para. 0061).
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.
Claim(s) 5, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barron et al. (2006/0196858).
Claims 5, 15
Barron et al. (2006/0196858) discloses the claimed invention except for the light source is a light emitting diode or a mask can be from a projection from a digital programmable display. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine Barron et al. (2006/0196858) with the different optical elements listed above since it was well known in the art that using such optical elements such as a LED or digital programmable display improves durability and adaptivity for different applications, therefore making the device more marketable. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm.
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/MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 December 5, 2025