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 .
Election/Restrictions
Applicant's election with traverse of group I and species IB in the reply filed on 06/15/2026is acknowledged. The traversal is on the ground(s) that different groups and species are sufficiently related. This is not found persuasive because as provided in the restriction election filed on 04/16/2026, the groups and species are distinctive to each other and serious burdens to the examiner to properly examine various distinct inventive concepts.
The requirement is still deemed proper and is therefore made FINAL.
Claim objection
In claim 10, “a posture from a camera” would be clearer and proper as ‘an orientation from a camera’.
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 10-15 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 pre-AIA the applicant regards as the invention.
As to claim 10, the claim recites “substantially square.”
The term "substantially" in claim 10 is a relative term which renders the claim indefinite. The term "substantially" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term "substantially" is used in reference to the degree to which shape is square. It is not clear to what degree this shape needs to be square in order practice the invention. Therefore, this claim is indefinite (see MPEP 2173.05 (b) (1)).
Therefore, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the examination purposes, examiner will interpret it as appeared in Saito et al. (US 20200158500 A1).
Dependent claims 11-15 are also rejected since they inherit the indefiniteness of the claims from which they depend.
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 of this title, 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 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al. (US 20200158500 A1 hereinafter Saito) in view of Sekine et al. (US 20140319815 A1 hereinafter Sekine).
As to claims 10 and 11 Saito teaches a plate-shaped marker (1) for measurement of at least one of a position and a posture from a camera ([0071]), comprising:
a base material layer having a substantially square shape (FIG. 1A -1C, the base material is substantially square except areas like 2321A);
a first layer (shaded layer including 2321A and 12) that is laminated ([0081]) on an observation side of the base material layer (white in FIG.1B), and is laminated on an entire surface of the base material layer and observed in a first color ([0064]); and
a second layer (11) that is partially laminated on an observation side of the first layer (top side in FIG. 1B), is observed in a second color different from the first color, and partially conceals the first layer ([0064]), wherein
the first layer is observable in a region where the second layer is not laminated (FIG. 1B, first layer is occupying only the region which is not covered by 11 and 10),
the first color of the first layer is white, and the second color of the second layer is black ([0083]), and
. the second layer comprises a plurality of second layers having a circular shape (122) and provided near at least four corners of the marker, the plurality of second layers being disposed one by one at a total of four to nine locations (FIG. 1A)
However, Saito does not explicitly disclose glass base material layer, which has a linear expansion coefficient of 10×10-6/°C or less
Sekine teaches the base material layer has a linear expansion coefficient of 10×10-6/°C or less ([0102] glass plate, based on the specification of instant application [0061] a glass satisfies the condition).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the marker of Saito by having the glass base material layer which has a linear expansion coefficient of 10×10-6/°C or less, for the benefit including optimal marking function with less deformation while providing visibility of underlying material for a proper identification.
As to claim 12, Saito in view of Sekine teaches the marker for measurement of at least one of a position and a posture from a camera, according to claim 10.
Saito further teaches one of the first layer and the second layer is observable as a mark having an independent shape, and the mark includes four to nine marks that are arranged to be spaced apart from one another (FIG. 1A-1C).
Claim 13 and 15 rejected under 35 U.S.C. 103 as being unpatentable over Saito in view of Sekine and in further view of Liu (US 20200101619 A1).
As to claim 13, Saito in view of Sekine teaches the marker for measurement of at least one of a position and a posture from a camera, according to claim 12.
Saito further teaches the mark includes four to nine marks that are arranged on a peripheral portion of the plate-shaped marker so as to be spaced apart from one another (FIG. 1A).
However, Saito does not explicitly disclose a figure for identification is arranged at a center portion of the plate-shaped marker.
Liu teaches a figure for identification is arranged at a center portion of the plate-shaped marker (1 in Fig. 2 and [0046]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the marker of Saito by having a figure for identification is arranged at a center portion of the plate-shaped marker for the benefit including user friendly marking for automated system.
As to claim 15, Saito when modified by Sekine and Liu teaches the marker for measurement of at least one of a position and a posture from a camera, according to claim 13.
However, Saito does not explicitly disclose the figure for identification is one of a two-dimensional bar code, a three-dimensional bar code, a QR code, and ArUco.
Liu teaches the figure for identification is one of a two-dimensional bar code, a three-dimensional bar code, a QR code ([0046]), and ArUco.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the marker of Saito by having QR code for the benefit of using one of the most well-known compact information storge mark.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Saito in view of Sekine and in further view of Iyoda et al. (JP 2019179532 A Iyoda).
As to claim 14, Saito when modified by Sekine teaches the marker for measurement of at least one of a position and a posture from a camera, according to claim 10.
However, Saito does not explicitly disclose marker being observable using light in a near-infrared ray wavelength region of 780 nm or more.
Iyoda teaches marker being observable using light in a near-infrared ray wavelength region of 780 nm or more (“the marker 10 can be detected with high accuracy from two types of color regions having the same size. Further, since the marker 10 can be detected with high accuracy even when the marker 10 shown in the near-infrared image and the color image has a low resolution, the detectable distance of the marker 10 (the distance from the imaging unit 11 to the marker 10) is increased. In addition, the aesthetics can be improved by reducing the size of the marker 10”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the marker of Saito by having marker being observable using light in a near-infrared ray wavelength region of 780 nm or more for the benefit including safely used around the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNGHEE Y GRAY whose telephone number is (571)270-3211. The examiner can normally be reached on M-R, 8:00 am-4:00 pm and F 8 :00 to 2:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kara Geisel can be reached on (571) 272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/SUNGHEE Y GRAY/
Primary Examiner, Art Unit 2886
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