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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,104,890. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Patent 12,104,890 18/795,372
1. A scanner assembly for measuring wear in a refractory lining, comprising:
1. A scanner assembly for measuring wear in a refractory lining, comprising:
a first distal end, a first proximal end, and a longitudinal axis extending from the first proximal end to the first distal end; a mounting arm having a second proximal end and a second distal end and located at the first distal end of the scanner assembly;
a first distal end, a first proximal end, and a longitudinal axis extending from the first proximal end to the first distal end; a mounting arm having a second proximal end and a second distal end and located at the first distal end of the scanner assembly;
a turret having a third proximal end and a third distal end, wherein the third proximal end of the turret is rotatably mounted on the second distal end of the mounting arm, in that the turret can rotate relative to the mounting arm about the longitudinal axis;
and an emitter/sensor mounted in the turret;
and an emitter/sensor rotatably mounted to the mounting arm;
It would be obvious to one skilled in the art at the time of the invention to mount an emitter/sensor on different types mounting devices since being mounted on different type of mounting devices allows for articulation and flexibility of the emitter/sensor when scanning different surfaces.
wherein the emitter/sensor comprises an optical center, wherein the emitter/sensor contains a laser, optics, a photodetector and receiver electronics;
wherein the emitter/sensor comprises an optical center, wherein the emitter/sensor contains a laser, optics, a photodetector and receiver electronics,
wherein the optical center of the emitter/sensor is located on the longitudinal axis;
wherein a field of view of the emitter/sensor is contained in a plane also containing scanner assembly longitudinal axis;
wherein the field of view comprises a distal limit extending from the third distal end of the turret, and comprises a proximal limit disposed opposite to the distal limit;
wherein the field of view of the emitter/sensor is described, in a longitudinal direction, by an obtuse angle containing, in all rotation positions of the turret around scanner assembly longitudinal axis, the extension of the longitudinal axis from the first distal end of the scanner assembly, and containing a line extending from the emitter/sensor in a plane orthogonal to the longitudinal axis; and wherein the emitter/sensor is mounted in a fixed position in the turret, the emitter/sensor being configured to fire rapid pulses of laser light at a target surface and being configured to measure the amount of time it takes for each pulse to return from the target surface to the scanner assembly through the field of view
the emitter/sensor being configured to fire pulses of laser light at a target surface at a first angle of a plurality of angles and being configured to measure the amount of time it takes for each pulse to return from the target surface to the scanner assembly through a field of view at the first angle of the plurality of angles and repeating at additional angles of the plurality of angles such that the refractory lining is mapped in about twenty to about thirty seconds.
It would be obvious to ne skilled in the art at the time of the invention to repeat additional angles such that the lining is mapped in about 20-30 sec, since scanning an interior within the time allotted provides an efficient, safe, and highly accurate alternative to manual time-consuming inspections that optimizes maintenance, improves safety, and maximizes production uptime.
2. The scanner assembly according to claim 1, wherein a rotatable joining of the second distal end of the mounting arm to the third proximal end of the turret enables the turret to rotate 360 degrees around the longitudinal axis of the scanner assembly.
2. The scanner assembly according to claim 1, wherein a rotatable joining of the second distal end of the mounting arm to the third proximal end of the turret enables the turret to rotate 360 degrees around the longitudinal axis of the scanner assembly.
3. The scanner assembly according to claim 1, wherein a heat shield is disposed over at least a portion of a circumference of the second distal end of the mounting arm.
3. The scanner assembly according to claim 1, wherein a heat shield is disposed over at least a portion of a circumference of the second distal end of the mounting arm.
4. The scanner assembly according to claim 1, wherein the scanner assembly contains exactly one emitter-sensor.
4. The scanner assembly according to claim 1, wherein the scanner assembly contains exactly one emitter-sensor.
5. The scanner assembly according to claim 1, wherein the scanner assembly is not in communication with a refractory application device.
6. The scanner assembly according to claim 1, wherein the scanner assembly is not in communication with a refractory application device.
6. The scanner assembly according to claim 1, wherein the turret is constrained from rotating about the mounting arm any axis other than the longitudinal axis of the scanner assembly.
7. The scanner assembly according to claim 1, wherein the turret is constrained from rotating about the mounting arm any axis other than the longitudinal axis of the scanner assembly.
7. The scanner assembly according to claim 1, wherein, with the first distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system, upon rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, the scanner assembly possesses a field of view including at all values of phi, all values of theta in the polar coordinate system from and including 0 degrees to and including 91 degrees.
8. The scanner assembly according to claim 1, wherein, with the first distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system, upon rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, the scanner assembly possesses a field of view including at all values of phi, all values of theta in the polar coordinate system from and including 0 degrees to and including 91 degrees.
8. The scanner assembly according to claim 1, wherein, with the first distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system, upon rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, the scanner assembly possesses a field of view that is symmetric with respect to the Z axis and exceeds a hemisphere.
9. The scanner assembly according to claim 1, wherein, with the first distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system, upon rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, the scanner assembly possesses a field of view that is symmetric with respect to the Z axis and exceeds a hemisphere.
9. A scanner manipulator, comprising the scanner assembly according to claim 1, wherein the scanner manipulator further comprises a manipulator arm having a distal end and a proximal end, and a manipulator arm longitudinal axis collinear with the longitudinal axis of the scanner assembly and extending from the distal end to the proximal end; wherein the distal end of the scanner manipulator is fixedly attached to the proximal end of the scanner assembly; and wherein the manipulator arm extends longitudinally from the scanner assembly.
10. A scanner manipulator, comprising the scanner assembly according to claim 1, wherein the scanner manipulator further comprises a manipulator arm having a distal end and a proximal end, and a manipulator arm longitudinal axis collinear with the longitudinal axis of the scanner assembly and extending from the distal end to the proximal end; wherein the distal end of the scanner manipulator is fixedly attached to the proximal end of the scanner assembly; and wherein the manipulator arm extends longitudinally from the scanner assembly.
10. A scanner system for measuring wear in a refractory lining, comprising: the scanner manipulator according to claim 9; a support arm having a proximal end and a distal end; a support base; a system control device; at least one vessel positioning sensor in data transmission communication with the system control device; a manipulator actuator in communication with the scanner manipulator, wherein the system control device is in commanding communication with the manipulator actuator, and wherein the manipulator actuator is in data transmission communication with the system control device; a support arm actuator in communication with the support arm, wherein the system control device is in controlling communication with the support arm actuator; and a processor; in data communication with the at least one vessel positioning sensor, the manipulator actuator, the support arm actuator, and the emitter/sensor; wherein the distal end of the support arm is connected to the proximal end of the scanner manipulator; and wherein the proximal end of the support arm is connected to the support base.
11. A scanner system for measuring wear in a refractory lining, comprising: the scanner manipulator according to claim 10; a support arm having a proximal end and a distal end; a support base; a system control device; at least one vessel positioning sensor in data transmission communication with the system control device; a manipulator actuator in communication with the scanner manipulator, wherein the system control device is in commanding communication with the manipulator actuator, and wherein the manipulator actuator is in data transmission communication with the system control device; a support arm actuator in communication with the support arm, wherein the system control device is in controlling communication with the support arm actuator; and a processor; in data communication with the at least one vessel positioning sensor, the manipulator actuator, the support arm actuator, and the emitter/sensor, the distal end of the support arm is connected to the proximal end of the scanner manipulator and the proximal end of the support arm is connected to the support base.
11. The scanner system according to claim 10, wherein the proximal end of the scanner manipulator is hingedly connected to the distal end of the support arm.
12. The scanner system according to claim 11, wherein the proximal end of the scanner manipulator is hingeably connected to the distal end of the support arm.
12. The scanner system according to claim 10, wherein the proximal end of the support arm is movably connected to the support base.
13. The scanner system according to claim 11, wherein the proximal end of the support arm is movably connected to the support base.
13. The scanner system according to claim 10, wherein the distal end of the support arm is fixedly connected to the proximal end of the scanner manipulator.
14. The scanner system according to claim 11, wherein the distal end of the support arm is fixedly connected to the proximal end of the scanner manipulator.
14. Method of measuring wear in a refractory lining, comprising: emptying a vessel containing the refractory lining; positioning the vessel; orienting the vessel so that a surface of interest of the refractory lining positioned inside the vessel can be contained in a field of view of a scanner assembly; providing a scanner assembly comprising a mounting arm; a turret attached to the mounting arm in a rotatable manner, and an emitter/sensor contained within the turret, wherein the emitter/sensor contains a laser, optics, a photodetector and receiver electronics, wherein the emitter/sensor is mounted in a fixed position in the turret, the emitter/sensor being configured to fire rapid pulses of laser light at a target surface and being configured to measure the amount of time it takes for each pulse to return from the target surface to the scanner assembly through the field of view; wherein the scanner assembly possesses, with a distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with a longitudinal axis of the scanner assembly aligned with the Z axis of the polar coordinate system, on rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, a field of view that is symmetric with respect to the Z axis and exceeds a hemisphere; placing the scanner assembly at a measurement position; activating the emitter/sensor; rotating the turret through all values of phi in the polar coordinate system; obtaining, for selected values of phi, data for selected values of theta in the polar coordinate system; collecting the data provided by the emitter/sensor in a single scan; and generating a profile of an interior of the vessel from the collected data provided by the emitter/sensor.
15. A method of measuring wear in a refractory lining, comprising: emptying a vessel containing the refractory lining; positioning the vessel; orienting the vessel so that a surface of interest of the refractory lining positioned inside the vessel can be contained in a field of view of a scanner assembly; providing a scanner assembly comprising a mounting arm; and an emitter/sensor contained within the turret, wherein the emitter/sensor contains a laser, optics, a photodetector and receiver electronics, the emitter/sensor being configured to fire pulses of laser light at a target surface and being configured to measure the amount of time it takes for each pulse to return from the target surface to the scanner assembly through the field of view, the scanner assembly possesses, with a distal end of the scanner assembly positioned to correspond to a positive direction of a Z axis of a polar coordinate system and with a longitudinal axis of the scanner assembly aligned with the Z axis of the polar coordinate system, on rotation of the turret through all values of phi in the polar coordinate system from and including 0 degrees to and including 360 degrees, a field of view that is symmetric with respect to the Z axis and exceeds a hemisphere; placing the scanner assembly at a measurement position; activating the emitter/sensor; rotating the turret through values of phi in the polar coordinate system; obtaining, for selected values of phi, data for selected values of theta in the polar coordinate system; collecting the data provided by the emitter/sensor in a single scan; and generating a profile of an interior of the vessel from the collected data provided by the emitter/sensor in about twenty to about thirty seconds.
It would be obvious to one skilled in the art at the time of the invention to mount an emitter/sensor on different types mounting devices since being mounted on different type of mounting devices allows for articulation and flexibility of the emitter/sensor when scanning different surfaces.
It would be obvious to ne skilled in the art at the time of the invention to repeat additional angles such that the lining is mapped in about 20-30 sec, since scanning an interior within the time allotted provides an efficient, safe, and highly accurate alternative to manual time-consuming inspections that optimizes maintenance, improves safety, and maximizes production uptime.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a first distal end (Claim 1, 8-9); a first proximal end (Claim 1); a second proximal end (Claim 1); second distal end (Claim 1-3); a third proximal end (Claim 2); a distal end (Claims 10-14); a proximal end (Claims 10-14) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 objected to because of the following informalities: “the third proximal end” should be --a third proximal end--, since it was not previously defined. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-3, 8-14 disclose claim limitations “a first distal end (Claim 1, 8-9); a first proximal end (Claim 1); a second proximal end (Claim 1); second distal end (Claim 1-3); a third proximal end (Claim 2); a distal end (Claims 10-14); a proximal end (Claims 10-14)”, which are unclear and indefinite since the specification only defines the following distal end(s) and proximal end(s):
Distal end
Mounting arm distal end
Scanner assembly distal end
Heat shield distal end
Turret distal end
Proximal end
Mounting arm proximal end
Scanner assembly proximal end
Heat shield proximal end
Turret proximal end
Therefore, making the claim limitations unclear as to which first, second ,third distal or proximal end(s) are being claimed since the end(s) represent different parts of applicant’s apparatus. Claims 4-7 are rejected because they depend on a rejected claim list above.
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) 1-2, 4-10, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHMITZ et al. (2011/0235052) in view of KR 20170039192.
Claim 1
SCHMITZ et al. (2011/0235052) discloses a scanner assembly (Para. 0021, laser measuring scanner) for measuring wear in a refractory lining (Para. 0003, 0027, a system and method are disclosed which can provide precise measurement of an inner space and/or lining of a container), comprising: a first distal end, a first proximal end (Fig. 8, Ref. 19; tube 19 has first distal end located away from the base Ref. 9 and a first proximal end located closest to Ref. 9), and a longitudinal axis (Fig. 8, Ref. V) extending from the first proximal end to the first distal end (See Fig. 8, Ref. V, 19); a mounting arm (Fig. 8, Ref. 12; Bracket) having a second proximal (Ref. 12, toward Ref. 9) end and a second distal end (Fig. 12, toward Ref. 19) and located at the first distal end of the scanner assembly (Fig. 8, Ref. 9; Base of measuring head Ref. 8); and an emitter/sensor (Fig. 8, Ref. 8, measuring head) rotatably mounted (Para. 0030) to the mounting arm (Fig. 8, Ref. 12); wherein the emitter/sensor (Fig. 8, Ref. 8) comprises an optical center (Fig. 8, Ref. V; aligned with the center axis), wherein the emitter/sensor (Fig. 8, Ref. 8) contains a laser, optics, a photodetector and receiver electronics (Para. 0024), the emitter/sensor (Fig. 8, Ref. 8) being configured to fire pulses of laser light at a target surface (Fig. 8, Ref. 6b) at a first angle of a plurality of angles and being configured to measure the amount of time it takes for each pulse to return from the target surface to the scanner assembly through a field of view at the first angle of the plurality of angles and repeating at additional angles of the plurality of angles (Para. 0024, the measuring head 8 scans the inside contour of the inner lining 6b of the ladle with the angle A which is formed by the upper boundary of the scanning laser and the lower boundary of the scanning laser to obtain a first scan. The upper boundary of the scanning laser of measuring head 8 can be about +50 degrees from an axis H of the measuring head 8. The lower boundary of the scanning laser can be about -50 degrees from the major axis of the measuring head 8, Para. 0025, the measuring head 8 can be at an angle M with respect to the vertical axis V of the torpedo ladle 1 of about +30 degrees to +60 degrees or +35 to +45 degrees; the 100 degrees would also cover the line beyond the orthogonal of the vertical axis; Fig. 2-3).
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SCHMITZ et al. (2011/0235052) substantially teaches the claimed invention except that it does not show that the refractory lining is mapped in about twenty to about thirty seconds. KR 20170039192 shows that it is known to provide scanning internal of a metallurgical vessel in a single measurement with 20-30 seconds (Page 3, Para. 1) for a scanning device measuring cracks in a lining of a container. It would have been obvious to combine the device of SCHMITZ et al. (2011/0235052) with the scanning rate of KR 20170039192 before the effective filing date of the claimed invention for the purpose of providing a scanning time that minimizes operational downtime, therefore reducing the amount of production stops.
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Claim 2
SCHMITZ et al (2011/0235052) discloses a rotatable joining of the second distal end of the mounting arm (Fig. 8, Ref. 12) to the third proximal end of the turret enables the turret (Fig. 8, Ref. 8, 9) to rotate 360 degrees around the longitudinal axis of the scanner assembly (Para. 0025, the measuring head 8 can rotate 360 degrees relative to base 9; Fig. 7, the tube 19, the base 9, and the measuring head 8 are aligned; hence, the measuring head 8 can revolve about the vertical axis).
Claim 4
SCHMITZ et al. (2011/0235052) discloses the scanner assembly contains exactly one emitter-sensor (Fig. 8, Ref. 8 show one laser scanning measuring head).
Claim 5
SCHMITZ et al. (2011/0235052) discloses the field of view and the longitudinal axis define an angle of from 1 degree to 10 degrees (Para. 0032).
Claim 6
SCHMITZ et al (2011/0235052) discloses the scanner assembly is not in communication with a refractory application device (Figs. 1-7, the laser measuring scanner does not have a refractory application device; Para. 0003, 0021).
Claim 7
SCHMITZ et al (2011/0235052) discloses the turret is constrained from rotating about the mounting arm any axis other than the longitudinal axis of the scanner assembly (Fig. 8, the measuring head 8 is constrained to rotates around the vertical axis V; Para. 0026, by rotation of measuring head 8 through 360 degrees relative to base 9).
Claim 8
SCHMITZ et al. (2011/0235052) discloses the scanner assembly wherein, with the first distal end of the scanner assembly positioned to correspond to the positive direction of the Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system (Figs. 1-7, the vertical axis V of the tube 19 align with the Z axis in the positive direction), upon rotation of the turret through all values of phi in the polar coordinate system from and including O degrees to and including 360 degrees (Para. 0025, the measuring head 8 can rotate 360 degrees relative to base 9), the scanner assembly possesses a field of view including at all values of phi, all values of theta in the polar coordinate system from and including O degrees to and including 91 degrees (Para. 0024, the measuring head 8 scans the inside contour of the inner lining 6b of the ladle with the angle A which is formed by the upper boundary of the scanning laser and the lower boundary of the scanning laser to obtain a first scan. The upper boundary of the scanning laser of measuring head 8 can be about positive +50 degrees from an axis Hof the measuring head 8. The lower boundary of the scanning laser can be about minus -50 degrees from the major axis of the measuring head 8; Para. 0025, the measuring head 8 can be at an angle M with respect to the vertical axis V of the torpedo ladle I of about positive +30 degrees to positive +60 degrees, or in some embodiments +35 to +45 degrees; hence, the measuring head 8 has a 100 degree range; Figs. 2-3).
Claim 9
SCHMITZ et al. (2011/0235052) discloses the scanner assembly wherein, with the distal end of the scanner assembly positioned to correspond to the positive direction of the Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system (Figs. I -7, the vertical axis V of the tube 19 align with the Z axis in the positive direction), upon rotation of the turret through all values of phi in the polar coordinate system from and including O degrees to and including 360 degrees (Para. 0025, the measuring head 8 can rotate 360 degrees relative to base 9), the scanner assembly possesses a field of view that is symmetric with respect to the Z axis (Figs. 2-3, the measuring head 8 has symmetric fields of view) and exceeds a hemisphere (Para. 0024, the measuring head 8 scans the inside contour of the inner lining 6b of the ladle with the angle A which is formed by the upper boundary of the scanning laser and the lower boundary of the scanning laser to obtain a first scan. The upper boundary of the scanning laser of measuring head 8 can be about positive +50 degrees from an axis Hof the measuring head 8. The lower boundary of the scanning laser can be about minus -50 degrees from the major axis of the measuring head 8; Para. 0025, the measuring head 8 can be at an angle M with respect to the vertical axis V of the torpedo ladle I of about positive +30 degrees to positive +60 degrees, or in some embodiments +35 to +45 degrees; hence, the measuring head 8 has a 100 degree range; Figs. 2-3).
Claim 10
SCHMITZ et al. (2011/0235052) discloses a scanner manipulator (Figs. 8-9, in some embodiments, the tube 19 acts as the manipulator), comprising a scanner assembly according to claim I (Para. [0021], laser measuring scanner), wherein the scanner manipulator further comprises a manipulator arm having a distal end and a proximal end (Figs. 8-9, the tube 19 acts as the manipulator arm with an upper end and a lower end), and a manipulator arm longitudinal axis collinear with the longitudinal axis of the scanner assembly (Fig. 8, the axis V extends through the tube 19 and the base 9 and the measuring head 8 [scanner assembly]) and extending from the distal end to the proximal end (Fig. 8, the axis V extends from an upper end to a lower end); wherein the distal end of the scanner manipulator is fixedly attached to the proximal end of the scanner assembly (Fig. 8, the tube 19 [manipulator] is attached to the base 9 and the measuring head 8 [scanner assembly] via the bracket 12); and wherein the manipulator arm extends longitudinally from the scanner assembly (Fig. 8, the tube 19 [manipulator] extends longitudinally from the base 9 and the measuring head 8 [scanner assembly]).
Claim 15
SCHMITZ et al. (2011/0235052) discloses method of measuring wear in a refractory lining (Para. [0003], a system and method are disclosed which can provide precise measurement of an inner space and/or lining of a container); emptying a vessel containing the lining (Para. [0019], for emptying the torpedo ladle 1, the torpedo ladle 1 is rotated relative to the horizontal axis of the torpedo ladle; hence, the torpedo ladle 1 [vessel] is emptied before the scanner is used); positioning the vessel (Para. [0019], for emptying the torpedo ladle 1, the torpedo ladle 1 is rotated relative to the horizontal axis of the torpedo ladle; hence, the torpedo ladle 1 [vessel] can be positioned); orienting the vessel so that the lining surface of interest inside the vessel can be contained in the field of view of a scanner assembly (Para. [0019], for emptying the torpedo ladle 1, the torpedo ladle 1 is rotated relative to the horizontal axis of the torpedo ladle; Para. [0021], in order to facilitate introducing the appliance into the filling neck 2 of the torpedo ladle 1 [vessel], the tube 19 can be rotatable around the major axis P of the tube 19 or manipulator ... to thus orient the measuring head with respect to the torpedo ladle 1; hence, both the scanner assembly and the torpedo ladle 1 [vessel] can be position); providing a scanner assembly (Para. [0021], laser measuring scanner) comprising a mounting arm (Figs. 1-5, the tube 19); a turret (Para. [0021], laser measuring scanner, here, comprising measuring head 8 and base 9; Figs. 1-5) attached to the mounting arm in a rotatable manner (Para. [0026], by rotation of measuring head 8 through 360 degrees relative to base 9; Figs. 1-3), and an emitter/sensor contained within the turret (Fig. 1, the measuring head 8 is fixed to the base 9); wherein the scanner assembly possesses, with a distal end of the scanner assembly positioned to correspond to the positive direction of the Z axis of a polar coordinate system and with the scanner assembly longitudinal axis aligned with the Z axis of the polar coordinate system (Figs. 1 -7, the vertical axis V of the tube 19 align with the Z axis in the positive direction), on rotation of the turret through all values of phi in the polar coordinate system from and including O degrees to and including 360 degrees (Para. [0025], the measuring head 8 can rotate 360 degrees relative to base 9), a field of view that is symmetric with respect to the Z axis (Figs. 2-3, the measuring head 8 has symmetric fields of view) and exceeds a hemisphere (Para. [0024], the measuring head 8 scans the inside contour of the inner lining 6b of the ladle with the angle A which is formed by the upper boundary of the scanning laser and the lower boundary of the scanning laser to obtain a first scan. The upper boundary of the scanning laser of measuring head 8 can be about positive +50 degrees from an axis Hof the measuring head 8. The lower boundary of the scanning laser can be about minus -50 degrees from the major axis of the measuring head 8; Para. [0025], the measuring head 8 can be at an angle M with respect to the vertical axis V of the torpedo ladle 1 of about positive +30 degrees to positive +60 degrees, or in some embodiments +35 to +45 degrees; hence, the measuring head 8 has a 100 degrees range; Figs. 2-3); placing the scanner assembly at a measurement position (Para. [0021], in order to facilitate introducing the appliance into the filling neck 2 of the torpedo ladle 1 [vessel], the tube 19 can be rotatable around the major axis P of the tube 19 or manipulator ... to thus orient the measuring head with respect to the torpedo ladle); activating the emitter/sensor (Para. [0021], the scanning of the contour of the lining of the torpedo ladle can be done by laser measuring scanner, here, comprising measuring head 8 and base 9 on which measuring head 8 is mounted is rotated by rotation of tube 19; hence, the laser measuring head 8 and base 9 needs to be activated to scan); rotating the turret through all values of phi in the polar coordinate system (Para. [0025], the measuring head 8 can rotate 360 degrees relative to base 9); obtaining, for selected values of phi, data for selected values of theta in the polar coordinate system (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit, and also stores the data suitably in an affiliated memory; Fig. 8); collecting the data provided by the emitter/sensor in a single scan (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit, and also stores the data suitably in an affiliated memory; Fig. 8); and generating a profile of the interior of the vessel from the collected data (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle I from the measured data determined by an evaluating unit, and also stores the data suitably in an affiliated memory; Fig. 8).
SCHMITZ et al. (2011/0235052) substantially teaches the claimed invention except that it does not show that the refractory lining is mapped in about twenty to about thirty seconds. KR 20170039192 shows that it is known to provide scanning internal of a metallurgical vessel in a single measurement with 20-30 seconds (Page 3, Para. 1) for a scanning device measuring cracks in a lining of a container. It would have been obvious to combine the device of SCHMITZ et al. (2011/0235052) with the scanning rate of KR 20170039192 before the effective filing date of the claimed invention for the purpose of providing a scanning time that minimizes operational downtime, therefore reducing the amount of production stops.
Claim 16
SCHMITZ et al. (2011/0235052) and KR 20170039192 discloses the claimed invention except for the profile is at standard resolution. 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 SCHMITZ et al. (2011/0235052) and KR 20170039192 with the standard resolution since it was well known in the art that using a standard resolution ensures the data can be processed by industrial computers within a reasonable timeframe, therefore reducing post-processing or reducing data points.
Claim 17
SCHMITZ et al. (2011/0235052) and KR 20170039192 discloses the claimed invention except for generating another profile of the interior of the vessel at a higher resolution than the profile. 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 SCHMITZ et al. (2011/0235052) and KR 20170039192 with another profile at a higher resolution since it was well known in the art that higher resolution is necessary to identify localized wear spots in the vessel, therefore maximizing the vessel lifetime.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHMITZ et al (2011/0235052) in view of KR 20170039192 and in further view of Ochiai et al. (4,107,244).
Claim 3
SCHMITZ et al. (2011/0235052) and KR 20170039192 discloses a scanner assembly according to claim 1. SCHMITZ et al. (2011/0235052) and KR 20170039192 fails to explicitly disclose wherein a heat shield is disposed over at least a portion of a circumference (as best understood) of the distal end of the mounting arm. Ochiai et al. (4,107,244) discloses an apparatus for measuring the surface of the lining of the refractory lined vessels and teaches wherein a heat shield is disposed over at least a portion of a circumference of a distal end of the mounting arm (Col. 5, Lines. 49-51, a measuring rod 41 extending in the downward direction and being covered with the mix 42; Col. I, Lines. 21-23, the lining refractories to be used for the linings 2 and 3 are made of refractory mix or monolithic refractories; Fig. 6). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of SCHMITZ et al. (2011/0235052) and KR 20170039192 with the device of Ochiai et al. (4,107,244) before the effective filling date of the claimed invention for the purpose of preventing heat damage to the arm and therefore extend the lifespan of the device.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over SCHMITZ et al (2011/0235052) in view of KR 20170039192 and in further view of JP 2018-185253 A.
Claim 11
SCHMITZ et al. (2011/0235052) and KR 20170039192 discloses a scanner system (Para. [0021], laser measuring scanner) for measuring wear in a refractory lining (Para. 0003, a system and method are disclosed which can provide precise measurement of an inner space and/or lining of a container), comprising: the scanner manipulator (Figs. 8-9, in some embodiments, the tube 19 acts as the manipulator); a system control device (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator); at least one vessel positioning sensor in data transmission communication with the control device (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit; hence, the evaluating unit acts as a position sensor); a manipulator actuator in communication with the manipulator (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit; it is inherent that the tube 19 [manipulator] is being moved by an actuator), wherein the control device is in commanding communication with the manipulator actuator (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit; it is inherent that the tube 19 [manipulator] is being moved by an actuator that is controlled by the controller), and wherein the manipulator actuator is in data transmission communication with the control device (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in turn, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit, and also stores the data suitably in an affiliated memory; Fig. 8); a support arm actuator in communication with support arm (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in tum, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle I from the measured data determined by an evaluating unit; it is inherent that the base 9 [support arm] is being moved by an actuator), wherein the control device is in controlling communication with the support arm actuator (Para. 0020, the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in tum, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle I from the measured data determined by an evaluating unit; it is inherent that the base 9 [support arm] is being moved by an actuator via input from the controller); and a processor (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator; it is inherent that the electronic calculator has a processor); in data communication with the at least one positioning sensor, the manipulator actuator, the support arm actuator, and the emitter/sensor (Para. [0020], the whole installation can be controlled by a control and data cable which is connected to an electronic calculator which, in tum, calculates either on-line or off-line a 3-D model of the interior of the torpedo ladle 1 from the measured data determined by an evaluating unit, and also stores the data suitably in an affiliated memory; Fig. 8).
SCHMITZ et al. (2011/0235052) and KR 20170039192 fails to explicitly disclose a support arm having a proximal end and a distal end; a support base; wherein the distal end of the support arm is connected to the proximal end of the scanner manipulator; and wherein the proximal end of the support arm is connected to the support base. JP 2018-185253 is in the field of device for measuring a vessel refractory profile and teaches a support arm having a proximal end and a distal end (Figs. 2B, 3B, and 4B, the stationary arm is between the pivot axis 6 and the carriage 5, which also has a proximal end and a distal end; Paras. [0033] and [0043]); a support base (Figs. 2B, 3B, and 4B, the frame 2, 22; Para. [0033]); wherein the distal end of the support arm is connected to the proximal end of the scanner manipulator (Fig. 4B, the stationary arm connecting the arm 7 at the pivot axis 6); and wherein the proximal end of the support arm is connected to the support base (Fig. 4B, the stationary arm is connected the carriage 5 that is connected to the frame 2, 22) for an optical scanning device. It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the device of SCHMITZ et al. (2011/0235052) and KR 20170039192 with the device of JP 2018-185253 before the effective filing date of the claimed invention for the purpose of improving structural integrity and thereby anchor the scanner assembly to prevent unnecessary movement as compared to a hoist.
Claim 12
SCHMITZ et al. (2011/0235052) and KR 20170039192 fails to explicitly disclose wherein the proximal end of the scanner manipulator is hingeably connected to the distal end of support arm. JP 2018-185253 is in the field of device for measuring a vessel refractory profile and teaches wherein a proximal end of a scanner manipulator is hingeably connected to a distal end of support arm (Fig. 3B, the arm 7 [manipulator] is attached the stationary arm via the pivot axis 6; Para. 0033 and 0043) of an optical scanning device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of SCHMITZ et al. (2011/0235052) and KR 20170039192 with the device of JP 2018-185253 before the effective filling date of the claimed invention for the purpose of improving productivity and thereby allow the scanner assembly quick access to a standby mode from a measuring mode to save time during the set-up and close-up during the vessel inspection therefore reducing the down time of the vessel.
Claim 13
SCHMITZ et al. (2011/0235052) and KR 20170039192 fail to explicitly disclose wherein the proximal end of support arm is movably connected to the support base. JP 2018-185253 discloses a device for measuring a vessel refractory profile and teaches wherein a proximal end of support arm is movably connected to a support base (Fig. 4B, the stationary arm is connected to the mobile device 3 and the movable car 5 that is movably connected to the frame 2. 22; Para. 0033) for an optical scanning device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of SCHMITZ et al. (2011/0235052) and KR 20170039192 with the device of JP 2018-185253 before the effective filing date of the claimed invention for the purpose of improving productivity and thereby allow the scanner assembly to quickly move away from the vessel to save time during the set-up and close-up during the vessel inspection, thus reducing the down time of the vessel.
Claim 14
SCHMITZ et al. (2011/0235052) and KR 20170039192 fail to explicitly disclose wherein the distal end of the support arm is fixedly connected to the proximal end of the scanner manipulator. JP 2018-185253 discloses a device for measuring a vessel refractory profile and teaches wherein a distal end of a support arm is fixedly connected to a proximal end of a scanner manipulator (Fig. 3B, the arm 7 [manipulator] is attached the stationary arm via the pivot axis 6; hence, the arm 7 [manipulator] is fixed to the stationary arm; Para. [0033] and [0043]) for an optical scanning device. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of SCHMITZ et al. (2011/0235052) and KR 20170039192 with the device of JP 2018-185253 before the effective filling date of the claimed invention for the purpose of improving productivity and thereby allow the scanner assembly to quickly move to or away rather than being detached from the from frame during vessel inspection to save time during the set-up and close-up stage of the vessel inspection, thus reducing the down time of the vessel.
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 February 27, 2026