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 § 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.
Claim 3 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 the limitation "the rotation shaft" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination below, the examiner will treat the limitation to be the rotation shaft introduced in claim 2.
Claim 11 is 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 11 recites “in a case where it assumed that the light projecting and receiving module rotates to a first rotation angle”. It is unclear whether the limitation asserted after “it is assumed…” is or is not positively limiting. For purposes of examination below, the examiner will treat the limitation as positively limiting, and prior art only needs to be capable of achieving the rotation to a first angle.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 8-10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fuyuno (US20210140757A1) in view of Takii (EP3798568A1).
Regarding claim 1, Fuyuno teaches an optical displacement meter (500, Fig. 1) comprising:
a light projecting and receiving module (100, Fig. 1) including a light projecting unit (110, Fig. 1) that applies slit light (paragraph [0008]) extending in an X direction (paragraph [0080]), a light collecting unit (130, Fig. 1) that has a light receiving lens (132, Fig. 5) which collects reflected light reflected by a workpiece (Fig. 5 depicts light reflecting from workpiece, W, into the light receiving lens, 132), a capturing unit that receives the light collected by the light collecting unit (131, Fig. 5), and integrally holds the light projecting unit, the light collecting unit, and the capturing unit to have a Scheimpflug relationship (paragraph [0008] discloses the light projecting unit, light collecting unit, and capturing unit are arranged to satisfy the Scheimpflug condition) in which a light receiving surface of the capturing unit is inclined with respect to an optical axis of the light receiving lens (Fig. 5 depicts the light receiving surface, 131, at an incline with respect to the optical axis of the lens, 132); and
a housing that stores the light projecting and receiving module (140, Fig. 5).
Fuyuno fails to teach a support member, a motor that integrally rotates the light projecting and receiving module; and a control unit that controls the motor, and rotates the light projecting and receiving module in a state where the Scheimpflug relationship is maintained inside the housing to scan the slit light in a direction orthogonal to the X direction.
However, in the same field of endeavor of optical detection systems utilizing the Scheimpflug relationship, Takii discloses a support member which holds the light projecting unit and light collecting unit in a position which satisfies the Scheimpflug relationship (paragraph [0008] discloses the light projecting and light receiving systems are held in a constant positional relationship by a holding unit; paragraph [0019] discloses the positional relationship of the receiving and projecting systems may be based on the Scheimpflug condition).
Takii further discloses a motor that rotates the light projecting and receiving module (paragraph [0052] discloses a rotation unit that rotates the holding unit), and a control unit which controls the rotation and maintains the Scheimpflug relationship of the light projecting and light receiving units (paragraph [0088]) to scan the light in the x-direction (paragraph [0090]).
The optical displacement meter of Fuyuno is only able to measure one position, and the entire device must be manually adjusted to measure subsequent positions (paragraph [0012]). The motor and control unit taught in Takii allow the device to only move the needed components (such as the light projecting and receiving module) to change the measurement position (paragraphs [0035], [0036]), while the maintaining of relative position between the projecting and receiving units simplifies the method of calculating distance or shape (paragraph [0018]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno with the motor and control unit that maintain the relative positional relationship of the light projecting and receiving units in Takii as it allows multiple measurements to be taken in a much simpler manner.
Regarding claim 8, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches wherein, as viewed along the rotation shaft (Takii: Fig. 3C), a rotation shaft (Takii: 25, Fig. 3C) of the light projecting and receiving module (Takii: 30, Fig. 3C) is disposed at a position overlapping with the light collecting unit or between the light projecting unit and the light collecting unit (Takii: Fig. 3CB depicts the rotation shaft between the light projecting and light collecting units, 30a and 30b).
Placing the point of rotation in the middle of the light projecting and reflecting member would be obvious so as to not interfere with the alignment of the input/output paths via rotation. Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the rotation point being between the light projecting unit and reflecting member as it would prevent interference with the alignment of the optical paths via rotation.
Regarding claim 9, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches comprising a bearing that supports a rotation shaft of the light projecting and receiving module (Takii: 261, Fig. 10 supports the rotations shaft, 25),
wherein a moment load generated by a difference between a portion of the rotation shaft supported by the bearing and a gravity center position of the light projecting and receiving module is supported by the bearing (this is simply a result of the rotation shaft rotating. As shown in Fig. 3B, the light projecting and receiving module, 30, is not centered on the rotation shaft).
Bearings are well-known and widely used to support moving parts and control motion (in this case, rotation), while reducing friction between moving parts (see supplemental material, "Bearing Basics"). Therefore, a person having ordinary skill in the art would be able to reasonably use the bearing taught in Takii if also using the rotating light projecting and receiving module in order to control motion while also reducing friction between the rotating shaft and other supporting members.
Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the bearing taught in Takii in order to control motion while also reducing friction between components.
Regarding claim 10, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches an optical encoder that detects a rotation angle of a rotation shaft of the light projecting and receiving module (Takii: paragraph [0073]),
wherein the optical encoder is stored in a sealed space in the housing to prevent entrance of a foreign substance from an outside of the housing and entrance of a foreign substance from a space in which the light projecting and receiving module is stored and rotated (the optical encoder is depicted in Fig. 10 as element 265a, attached to holding unit, 25. Fig. 8 depicts the holding unit, 25, as part of the mechanism underneath portion of movement unit, 210. Paragraph [0051] discloses the movement unit is part of the measurement unit, 20, which is the lower portion of the frame holding unit, 10. Fig. 1 depicts the frame holding unit, 10, being disposed in some sort of housing. Therefore, the optical encoder would also be disposed in the housing. The prevention of foreign substance would be a result of the encoder being in the housing).
The device of Takii uses the encoder to calculate a position on the object, and then correlates the position with a measurement taken, allowing a two-dimensional measurement map to be created (paragraph [0102]). A measurement map is useful for a user to visualize the measurements taken. Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the encoder of Takii as it allows for a position to be recorded and associated with the measurement made, allowing for a visualization of the object to be created.
Regarding claim 14, Fuyuno as modified by Takii teaches the invention as explained above in claim 1 and further teaches the housing has a first thickness in the X direction at an end portion on an irradiation direction side of the slit light, and a second thickness smaller than the first thickness in the X direction at an end portion on a side opposite to the irradiation direction (Fuyuno: Fig. 5 is depicted below. The bold dashed line represents the transition from the end portion in an irradiation direction and end portion of the side opposite. Examiner is interpreting thickness to mean the area of the housing between the light source, 111, and end of housing. First thickness is marked "A" and second thickness is marked "B". Second thickness is smaller than the first thickness).
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Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fuyuno (US20210140757A1) in view of Takii (EP3798568A1) as applied to claim 1 above, and further in view of Tobisch (US20220107489A1).
Regarding claim 2, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, but fails to teach a rotation shaft of the light projecting and receiving module is disposed to substantially coincide with a gravity center position of the light projecting and receiving module on a YZ plane orthogonal to the X direction.
However, in the same field of endeavor of optical systems used to image an object, Tobisch discloses a device where the rotation axis coincides with a center of gravity of an optical unit (paragraph [0024]).
Tobisch discloses that by aligning the rotation axis with the center of gravity is that there is less torque needed to rotate the device, leading to a lower power consumption compared to other devices (paragraph [0024]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the rotation coinciding with the center of gravity taught in Tobisch as it reduces power consumption.
Claims 5, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Fuyuno (US20210140757A1) in view of Takii (EP3798568A1) as applied to claim 1 above, and further in view Keyence (US20220163321A1).
Regarding claim 5, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches a rotation shaft (Taki: 25, Fig. 3A, 3B, or 3C), and the support member integrally holds the reflecting member together with the light projecting unit, the light collecting unit, and the capturing unit to have the Scheimpflug relationship (Takii: paragraph [0008] discloses the light projecting and light receiving systems are held in a constant positional relationship by a holding unit; paragraph [0015] discloses the light receiving system may have a mirror; paragraph [0019] discloses the positional relationship of the receiving and projecting systems may be based on the Scheimpflug condition).
As discussed above, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno with the motor and control unit that maintain the relative positional relationship of the light projecting and receiving units in Takii as it allows multiple measurements to be taken in a much simpler manner.
Fuyuno as modified by Takii discloses a reflecting member (Takii: paragraph [0015]), but does not disclose the reflecting member being placed between a light collecting unit and capturing unit, or the distance is affected.
However, in the same field of endeavor of optical displacement meters, Keyence teaches device which includes a collecting unit (36, Fig. 1) which sends light to a reflecting member (35, Fig. 1) which reflects light towards the capturing unit (31, Fig. 1), in order to shorten the optical path (paragraph [0087]).
Keyence discloses that if the reflector is positioned correctly, the optical path is shortened and the device is able to be miniaturized (paragraph [0070]). Fuyuno discloses one advantage of the disclosed system is the compact size (paragraph [0073]). Thus, it would be obvious to a person having ordinary skill in the art prior to the effective filing date to combine the device of Fuyuno as modified by Takii with the reflecting member of Keyence in order to make the device smaller.
Regarding claim 6, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches a rotation shaft (Taki: 25, Fig. 3A, 3B, or 3C) and the support member integrally holds the reflecting member together with the light projecting unit, the light collecting unit, and the capturing unit to have the Scheimpflug relationship (paragraph [0008] discloses the light projecting and light receiving systems are held in a constant positional relationship by a holding unit; paragraph [0015] discloses the light receiving system may have a mirror; paragraph [0019] discloses the positional relationship of the receiving and projecting systems may be based on the Scheimpflug condition).
As discussed above, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno with the motor and control unit that maintain the relative positional relationship of the light projecting and receiving units in Takii as it allows multiple measurements to be taken in a much simpler manner.
Fuyuno as modified by Takii discloses a reflecting member (Takii: paragraph [0015]), but does not disclose the reflecting member shortens the distance is affected.
However, in the same field of endeavor of optical displacement meters, Keyence teaches device which includes a collecting unit (36, Fig. 1) which sends light to a reflecting member (35, Fig. 1) which reflects light towards the capturing unit (31, Fig. 1), in order to shorten the optical path (paragraph [0087]).
Keyence discloses that if the reflector is positioned correctly, the optical path is shortened and the device is able to be miniaturized (paragraph [0070]). Fuyuno discloses one advantage of the disclosed system is the compact size (paragraph [0073]). Thus, it would be obvious to a person having ordinary skill in the art prior to the effective filing date to combine the device of Fuyuno as modified by Takii with the reflecting member of Keyence in order to make the device smaller.
Regarding claim 7, Fuyuno as modified by Takii and Keyence teach the invention as explained above in claim 5, and further teaches the rotation shaft of the light projecting and receiving module is disposed between the light projecting unit and the reflecting member as viewed along the rotation shaft (Takii: Fig. 3B depicts the rotation shaft between the light projecting unit, 30a, and the optical member, 32 or 34; paragraph [0015] discloses the optical member may be reflective).
Placing the point of rotation in the middle of the light projecting and reflecting member would be obvious so as to not interfere with the alignment of the input/output paths via rotation. Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii and Keyence with the rotation point being between the light projecting unit and reflecting member as it would prevent interference with the alignment of the optical paths via rotation.
Claims 11, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fuyuno (US20210140757A1) in view of Takii (EP3798568A1) as applied to claim 1 above, and further in view of Hara (JPH08145675A).
Regarding claim 11, Fuyuno as modified by Takii teaches the invention as explained above in claim 1, and further teaches the light projecting and receiving module has a dimension coming into contact with an inner wall of the housing on a YZ plane orthogonal to the X direction in a case where it is assumed that the light projecting and receiving module rotates to a first rotation angle (It is the position of the examiner that device of Takii would have a rotation angle where the light projecting and receiving module would have an optical path that runs into the housing).
Fuyuno as modified by Takii fails to teach a rotation angle range of the light projecting and receiving module rotating at the time of measurement is set to a predetermined angle range smaller than the first rotation angle in order to avoid the contact of the light projecting and receiving module with the inner wall of the housing.
However, in the same field of endeavor of optical measurements of an object, Hara teaches a device where the rotation angle of the light projecting unit is limited after an initial rotation (paragraph [0005]).
Hara discloses that limiting the angle range of rotation enables the device to operate for a prolonged period of time without using unnecessary power (paragraph [0044]). Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the limited angle rotation range of Hara in order to limit the power used by the device.
Regarding claim 12, Fuyuno as modified by Takii and Hara teaches the invention as explained above in claim 11, and further teaches the control unit controls the motor to avoid the contact of the light projecting and receiving module with the inner wall of the housing by rotating the light projecting and receiving module within the predetermined angle range at the time of measurement (Hara: 'rotation angle controller' - 91, Fig. 1).
As discussed above, limiting the angle range reduces the power consumption of the device. Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the angle rotation controller limiting the range of the angle taught in Hara in order to limit the power used by the device.
Regarding claim 13, Fuyuno as modified by Takii and Hara teaches the invention as explained above in claim 11, and further teaches a stopper that prevents the light projecting and receiving module from rotating to the first rotation angle which is an outside of the predetermined angle range and contacting into contact with the inner wall of the housing is provided inside the housing (Hara: paragraph [0041] discloses the rotation is stopped by an adjusting motor, thus acting as a stopper).
As discussed above, limiting the angle range reduces the power consumption of the device. The stopper is what allows an angle range to be limited. Thus, it would be obvious for a person having ordinary skill in the art to combine the device of Fuyuno as modified by Takii with the stopper stopping the rotation taught in Hara in order to limit the power used by the device.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexandria Mendoza whose telephone number is (571)272-5282. The examiner can normally be reached Mon - Thur 9:00 - 6:00 CDT.
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/ALEXANDRIA MENDOZA/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877