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 .
Applicant(s) Response to Official Action
The response filed on 05/12/2026 has been entered and made of record.
Response to Arguments/Amendments
Presented arguments have been fully considered but are held unpersuasive. Examiner’s response to the presented arguments follows below.
Claim Rejections - 35 USC § 102
Summary of Arguments:
Regarding claim 1, the Applicant argues Howard does not disclose:
“a video processing module that is separate from the decoder module, the video processing module . . . being positioned at least partially within the top portion of the housing,” [Remarks: Page 2]
“a "video processing module" that is a discrete module separate from a decoder module and distinctly positioned within the top portion of the housing, as required by Claim 1” [Remarks: Page 2]
“processing a "stream of image data representing a video stream" as required by Claim 1.” [Remarks: Pages 2-3]
“the specific arrangement in which (i) first image data from a first imaging assembly is transmitted to a decoder module and (ii) second image data from a second imaging assembly is transmitted to a video processing module that is separate from the decoder module and positioned at least partially within the top portion of the housing.” [Remarks: Page 3]
“the claimed arrangement in which second image data is transmitted to a video processing module positioned within the top portion of the housing.” [Remarks: Page 3]
Regarding claims 2, 6, 9, and 10, the Applicant argues:
“depend, directly or indirectly, from Claim 1 and incorporate all of the limitations thereof. These dependent claims are therefore patentable for at least the same reasons set forth above with respect to Claim 1.” [Remarks: Page 4]
Examiner’s Response:
Regarding claim 1, the Examiner contends:
Howard discloses a video processing module (706) that is separate from the decoder module (530), the video processing module . . . being positioned at least partially within the top portion (510) of the housing (Howard: ¶ [0034] discloses “The vertical housing 510 may include a structure that provides for one or more camera fields of view … The vertical structure provides an enclosure for one or more cameras 202A, 202B, 206 [includes video processing module 706] … the vertical housing 510 and the horizontal housing 520 may be generally orthogonal to each other” and Figure 5 explicitly shows them as separate housings. Further, Howard: ¶ [0036] discloses “the main board 530 [claimed decoder module] … may be physically located within the horizontal housing 520”. Furthermore, Howard: ¶ [0054] discloses “the color camera module 206, 208 may also include an AI accelerator 706 [claimed video processing module]”.). Therefore, it is axiomatic that Howard’s video processing module (706) is separate from the decoder module (530) and the video processing module positioned at least partially within the top portion (510) of the housing.
See response above. Further, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a "video processing module" that is a discrete module separate from a decoder module and distinctly positioned within the top portion of the housing) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Howard discloses the video processing module (706) configured to process a stream of image data representing a video stream (Howard: ¶ [0042] explicitly discloses “Image data (e.g., streaming video …) from the color cameras 206”. Further, Howard: ¶ [0083] discloses “the analysis and/or annotations may be applied to the image data by on-board processors of the camera modules within the data reader such as the … AI accelerator 706 (see FIG. 7 )”.).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., first image data from a first imaging assembly is transmitted to a decoder module and (ii) second image data from a second imaging assembly is transmitted to a video processing module that is separate from the decoder module and positioned at least partially within the top portion of the housing) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., second image data is transmitted to a video processing module positioned within the top portion of the housing) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, Howard discloses the second image data being transmitted to the video processing module (Howard: ¶ [0035] discloses “Vertical color camera module (CCM) 206 … configured to capture color images [claimed second image data]”; Howard: ¶ [0054] discloses “color camera module 206 … couples to a color imager 704 … may also include an AI accelerator 706 on-board”. Further, Howard: ¶ [0083] discloses “the analysis and/or annotations may be applied to the image data by on-board processors of the camera modules within the data reader such as the … AI accelerator 706 (see FIG. 7 )”.). Therefore, processors that analyze image data is received or transmitted from CCM 206.
Regarding claims 2, 6, 9, and 10, the Examiner contends:
See response regarding claim 1 above.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6, 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Howard et al., hereinafter referred to as Howard (US 2024/0169810 A1).
As per claim 1, Howard discloses a bioptic indicia reader (Howard: Para. [0034] – data reader 100) comprising:
a housing having a bottom portion and a top portion extending above the bottom portion, the bottom portion including a bottom-portion window and the top portion including a top-portion window (Howard: Para. [0034] discloses “vertical housing 510 [top portion] … provides for one or more camera fields of view (through a vertical window [top-portion window]) … horizontal housing 520 [bottom portion] … provides for one or more camera fields of view (through a horizontal window [bottom-portion window])”; Howard: Para. [0024] describes a “vertically-protruding section 110” and a “lower housing section 105”.);
a platter positioned adjacent a top section of the bottom portion of the housing, the platter having an optically transmissive window that aligns with the bottom-portion window of the bottom portion of the housing (Howard: Para. [0024]: “upper cover or platter section 130 … installed into a countertop … up to the level of the horizontal surface 132”; Howard: Para. [0023] discloses “horizontal surface 132 … window 135 … window 160”.);
a decoder module positioned within the housing and configured to decode indicia provided to the decoder module in image data (Howard: Para. [0037]: “main board 530 … may have decoding software embedded therein such that one or more on-board processors 535 may receive monochrome images to perform decoding on the optical indicia”; Howard: Para. [0036] discloses “main board 530 … physically housed within the horizontal housing 520”.);
a video processing module (706) that is separate from the decoder module (Howard: Paras. [0034], [0036], [0054] disclose AI accelerator 706 is located on the CCM 206 within the vertical (top) housing, whereas the main board 530 (decoder) is located in the horizontal (bottom) housing and therefore, are separate modules.), the video processing module (706) configured to process a stream of image data representing a video stream, the video processing module (706) being positioned at least partially within the top portion of the housing (Howard: Para. [0034] discloses “Vertical housing 510 [top portion] … provides an enclosure for … Vertical color camera module (CCM) 206”; Howard: Para. [0054] discloses “color camera module 206 … may also include an AI accelerator 706 [video processing module] on-board … The AI accelerator 706 … may perform similar operations as described herein [analysis]”; Howard: Para. [0042] discloses “Image data (e.g., streaming video …)”.);
a first imaging assembly configured to capture first image data over a first field of view (FOV) extending through at least one of the bottom-portion window and the top-portion window, the first image data being transmitted to the decoder module (Howard: Para. [0035] discloses “vertical monochrome cameras 202A, 202B [first imaging assembly] may be configured to capture monochrome images through the vertical window”; Howard: Para. [0036] discloses “main board 530 … coupled with the vertical monochrome imagers … receive monochrome images to perform decoding”.); and
a second imaging assembly configured to capture second image data over a second FOV extending through at least one of the bottom-portion window and the top-portion window, the second image data being transmitted to the video processing module (Howard: Para. [0035] discloses “Vertical color camera module (CCM) 206 [second imaging assembly] … configured to capture color images through the vertical window”; Howard: Para. [0054] discloses “color camera module 206 … couples to a color imager 704 … may also include an AI accelerator 706 on-board”.).
As per claim 2, Howard discloses the bioptic indicia reader of claim 1, wherein the first imaging assembly include a first imaging sensor positioned within the bottom portion of the housing, and wherein the second imaging assembly includes a second imaging sensor positioned within the top portion of the housing (Howard: Para. [0020] discloses “imagers positioned … in a horizontal base unit [bottom portion] or a vertical bonnet [top portion]”.).
As per claim 6, Howard discloses the bioptic indicia reader of claim 1, wherein the video processing module includes a printed circuit board oriented in an upright plane relative to a top surface of the platter (Howard: Para. [0036] discloses the multi-port network switch 540 or the main board 530 is physically located within the vertical housing 510 and the other is physically located within the horizontal housing 520, the two boards may be oriented orthogonal to each other similar to the orientation of the windows.).
As per claim 9, Howard discloses the bioptic indicia reader of claim 1, wherein the second imaging assembly includes a first transmission port, wherein the video processing module includes a second transmission port (a plurality of ports), and wherein the second imaging assembly (peripheral cameras) and the video processing module are connected via a cable connecting the first transmission port and the second transmission port (Howard: Paras. [0036], [0039], [0041] disclose a multi-port network switch that includes a plurality of ports (second transmission port) configured to couple to peripheral cameras (second imaging assembly) and internal devices to provide a flexible platform. These components are configured to accommodate easy connection of network cables therebetween. The devices connected via an extension cable having a connector that is inserted into the corresponding port.).
As per claim 10, Howard discloses the bioptic indicia reader of claim 9, wherein at least one of the first transmission port and the second transmission port is a universal serial bus port or a MIPI port (Howard: Paras. [0037], [0040] disclose connections may be via a communication interface (e.g., a MIPI interface). Such a connection may be via communication interfaces such as USB, RS-232, or other such interfaces.).
Allowable Subject Matter
Claims 3-5 & 7-8 are 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.
Conclusion
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 PEET DHILLON whose telephone number is (571)270-5647. The examiner can normally be reached M-F: 5am-1:30pm.
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, Sath V. Perungavoor can be reached at 571-272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PEET DHILLON/Primary Examiner
Art Unit: 2488
Date: 06-04-2026
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