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 without traverse of Group I (claims 1-10) in the reply filed on 07/17/2026 is acknowledged.
Claims 11-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/17/2026.
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 1-8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 12083619 in view of DE102014101568A1.
Regarding claim 1, ‘619 discloses “a method of monitoring laser material processing of a workpiece by a laser material processing head, the method comprising” (claim 1 at lines 1-3):
“capturing real-time image data” (claim 1, i.e., recording a real-time image using a camera sensor. Examiner noted that recoding an image is considered capturing image data) of “a spatial area of the workpiece that includes a process point of the laser material processing performed by the laser material processing head” (claim 1, i.e., a spatial area of the at least one workpiece surrounding a process point used in the laser material processing of the at least one workpiece performed by the laser material processing head);
“selecting, at a current time (T1), a region of interest of the real-time image data, the region of including a current position within the real-time image data of the process point at the current time (T1)” (Claim 1, selecting at least one image section within the real-time image, the selecting at least one image section includes selection of: i. a current position of the process point within the real-time image at a current time (T1)):
“a desired position within the real-time image data of the process point at a future time (T2) in accordance with programmed path data used to control the process point
of the laser material processing head” (claim 1, a current position within the real-time image data of the process point at the current time (T1); and the programmed path data being configured to control the laser material processing head); and
calculating a deviation between an actual position of the process point at the future time (T2) and the desired position of the process point at the future time (T2)).
‘619 is silent regarding “transferring the real-time image data from within the selected region of interest to a computer”
DE 568 teaches “transferring the real-time image data from within the selected region of interest to a computer” (para.0001, i.e., an optical detection system connected to the beam guidance system or its control unit for data exchange, which includes an optical image sensor with a detection range and an image evaluation device designed). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘619 with DE 568, by adding DE 568’s control unit to ‘619’s system, to provide controller for determine cutting or welding path (para.0001) as taught by DE 568.
Regarding claim 2, ‘619 discloses “the region of interest of the real-time
image data for each of a plurality of times during the laser material processing is predetermined” (‘619, claim 4, i.e., recording a plurality of real-time images or a sequence of real-time images when joining or separating the at least one workpiece.).
Regarding claim 3, ‘619 discloses “wherein the programmed path data includes,
for each of the plurality of times” (Claim 1, i.e., programmed path data of the laser material processing head, the desired position … having been identified after identification of the process point in the real-time image. claim 4, recording a plurality of real-time images or a sequence of real-time images when joining or separating the at least one workpiece. ), “both the desired position of the process point and the region of interest of the real-time image data” (claim 1, i.e., a desired position claim 1, i.e., selecting at least one image section within the real-time image).
Regarding claim 4, ‘619 discloses selecting the region of interest
comprises: “identifying the current position within the real-time image data of the process point at the current time (T1); identifying, based on the programmed path data, the desired position within the real-time image data of the process point at the future time (T2); and selecting a region of interest that includes both the current position of the process point at the current time (T1) and the desired position of the process point at the future time (T2)” (Claim 1, the selecting at least one image section includes selection of: i. a current position of the process point within the real-time image at a current time (T1); and ii. a desired position for the process point at a future time (T2) based on a projection of programmed path data of the laser material processing head, the desired position having been identified after identification of the process point in the real-time image, and the programmed path data being configured to control the laser material processing head. Examiner noted that the selecting of both current position and desired position must require identifying those position because the controller need to know its coordinates or its position to find it)
Regarding claim 5, ‘619 discloses “the current position within the real-
time image data of the process point at the current time (T1) and the desired position within the real-time image data of the process point at the future time (T2) are identified before the current time (T1)” (Claim 1, i.e., a current position of the process point within the real-time image at a current time (T1); and ii. a desired position for the process point at a future time (T2) based on a projection of programmed path data of the laser material processing head, the desired position having been identified after identification of the process point in the real-time image. Claim 1, the desired position having been identified after identification of the process point in the real-time image).
Regarding claim 6, ‘619 discloses “the region of interest of the real-time
image data for the current time (T1) is predetermined” (Vogl, The optical sensor is preferably a 2D or 3D camera that is configured to continuously capture images over time in order to determine process point 8 while moving (see fig.2a-2b). The path is predetermined along the weld 11. On page 4, i.e., The laser beam7 or the processor location 8th becomes dependent on movement data of the manipulator3 and the beam guidance system6 along the train10 guided.).
Regarding claim 7, ‘619 discloses “the programmed path data includes
the region of interest of the real-time image data for the current time (T1)” (Vogl, fig.2a-d, 8. On page 4, i.e., The laser beam7 or the processor location 8th becomes dependent on movement data of the manipulator3 and the beam guidance system6 along the train10 guided).
Regarding claim 8, ‘619 discloses “the real-time image data within the
region of interest is smaller than the real-time image data of the spatial area” (claim 1,
the real-time image data within the region of interest is smaller than the real-time image data of the spatial area).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claim recite “a method of monitoring laser material processing of a workpiece by a laser material processing head”. This judicial exception is not integrated into a practical application because these are all metal steps without additional elements that are sufficient to amount to significantly more than the judicial exception. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, for example:
With respect to step 1, claim 1 recites “a method of monitoring laser material processing of a workpiece by a laser material processing head”, which eligible at step 1.
With respect to step 2A, the following elements from claim 1 are considered to be abstract:
“capturing real-time image data of a spatial area of the workpiece that includes a process point of the laser material processing performed by the laser material processing head”, which is data collection, which is mental process.
“selecting, at a current time (T1), a region of interest of the real-time image data, the region of including: a current position within the real-time image data of the process point at the current time (T1); and a desired position within the real-time image data of the process point at a future time (T2) in accordance with programmed path data used to control the process point of the laser material processing head” which is data collection, which is mental process – also could be a mathematical concept.
“transferring the real-time image data from within the selected region of interest to a computer configured to calculate a deviation between an actual position of the process point at the future time (T2) and the desired position of the process point at the future time (T2)” which is a mathematical concept, which is a mental process.
Claim 2 recites “he region of interest of the real-time image data”, which is mental process such as data collection.
Claim 3 recites “the programmed path data includes, for each of the plurality of times, both the desired position of the process point and the region of interest of the real-time image data”, which is data collection, which is mental process.
Claim 4 recites “selecting the region of interest comprises: identifying the current position within the real-time image data of the process point at the current
time (T1); identifying, based on the programmed path data, the desired position within the real-time image data of the process point at the future time (T2); and selecting a region of interest that includes both the current position of the process point at the
current time (T1) and the desired position of the process point at the future time (T2)”, which is a mathematical concept, which is mental process.
Claim 5 recites “the current position within the real-time image data of the process point at the current time (T1) and the desired position within the real-time image data of the process point at the future time (T2) are identified before the current
time (T1)”, which is data collection, which is mental process.
Claim 6 recites “the region of interest of the real-time image data for the current time (T1) is predetermined”, which is data collection, which is mental process.
Claim 7 recites “the programmed path data includes the region of interest of the real-time image data for the current time (T1)”, which is data collection, which is mental process.
Claim 8 recites the real-time image data within the region of interest is smaller than the real-time image data of the spatial area”, which evaluation which is mental process.
Claim 9 recites “predicting, before the future time (T2), a region of interest of real-time image data captured at the future time (T2), the predicted region of interest including: a position of the process point at the future time (T2) within the real-time image data captured at the future time (T2); and a desired position, within the real-time image data captured at the future time (T2), of the process point at a further future time (T3)”, which mathematical concept which is mental process.
Claim 10 recites “the region of interest at the future time (T2) is predicted based on the programmed path data and the deviation between the actual position of the process point at the future time (T2) and the desired position of the process point at the future time (T2)”, which mathematical concept which is mental process.
Therefore none of claims 1-10 amounts to significantly more than abstract ideas and claims 1-10 are rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by Vogl (DE 102014101568 A1).
Regarding claim 1, Vogl discloses “a method of monitoring laser material processing of a workpiece” (abstract, i.e., an analysis area (15)) “by a laser material processing head” (abstract, i.e., The invention relates to a method and a device for welding or cutting at least one workpiece (2) by means of a laser, in which a laser beam (7) as a function of movement data of a manipulator (3), in particular an industrial robot, and one of the workpiece (2 ) spaced beam control system (6) … online for accuracy improvement by means of an optical detection system (12)), the method comprising:
“capturing real-time image data of a spatial area of the workpiece that includes a process point of the laser material processing performed by the laser material processing head” (abstract, i.e., online for accuracy improvement by means of an optical detection system (12) at least the position of a reference feature (17) of the workpiece (2) in an analysis area (15), which forms a partial section of a detection area (13) of the detection system (12). On page 4, i.e., the optical detection system, in particular an optical sensor, the detection area, in particular away and / or time dependent, as a 2D and / or 3D image. The optical sensor is preferably a 2D or 3D camera. As a result, the analysis area for identifying the reference feature can advantageously be analyzed by means of image processing software. In this case, the detection area includes a process point (fig.2a and fig.2b, current position of 8));
“selecting, at a current time (T1), a region of interest of the real-time image data, the region of including” (fig.2a shows at current time, a region of interest of real image data):
“a current position within the real-time image data of the process point at the current time (T1)” (on page 4, i.e., The location of the processor 8th on the workpiece2 is the location currently being processed; On page 4, 2a - 2d a plan view of a detection range of an optical detection system with a partial section forming analysis area. Examiner noted that “8th” refers to reference 8 due to translation issue); and
“a desired position within the real-time image data of the process point at a future time (T2)” (on page 5, i.e., a point on “target position” 19) “in accordance with programmed path data used to control the process point” (on page 4, i.e., based on the path geometry data of a reference workpiece … the laser beam 7 or the processor location 8th becomes dependent on movement data of the manipulator 3 and the beam guidance system 6 along the train10 guided) of “the laser material processing head” (beam control system (6) … online for accuracy improvement by means of an optical detection system (12)); and
“transferring the real-time image data from within the selected region of interest to a computer” (on page 4, i.e., the coverage area13 is by means of a in 1 not shown image analysis device to improve the accuracy of the weld positioning analyzed. The optical detection system12 is for data exchange with the manipulator3 , in particular a robot controller, not shown here, and the beam guidance system6 , In particular, a control of the beam guidance system, not shown here, connected) configured to “calculate a deviation between an actual position of the process point at the future time (T2)” (a point along path 14) and “the desired position” (19) of “the process point at the future time (T2)” (on page 5, i.e., Subsequently, the approximate position14 the path with the desired position19 compared to the railway and - as well as in 2d example shown - in position deviations the web10 to the desired position19 readjusted. Examiner noted that this deviation is calculated as on page 3. On page 3, i.e., It is also advantageous if the dynamic adaptation of the analysis area takes place as a function of path position data, in particular the proximity position, the desired position and / or the readjusted path position. By such a dynamic adaptation of the analysis area as a function of the offline approximated and / or corrected online by means of readjustment orbit position data, the accuracy of the expected position of the reference feature within the detection range to the actual position of the reference feature very well approximated. In this way, the deviation from the approximately determined, in particular calculated, position of the reference feature within the detection range can be reduced in comparison to its unknown actual position.).
Regarding claim 2, Vogl discloses “the region of interest of the real-time
image data for each of a plurality of times during the laser material processing is predetermined” (The optical sensor is preferably a 2D or 3D camera that is configured to continuously capture images over time in order to determine process point 8 while moving (see fig.2a-2b). The path is predetermined along the weld 11. On page 4, i.e., The laser beam7 or the processor location 8th becomes dependent on movement data of the manipulator3 and the beam guidance system6 along the train10 guided.)
Regarding claim 3, Vogl discloses “the programmed path data includes,
for each of the plurality of times” (as explained above in claim 2, The optical sensor is preferably a 2D or 3D camera that is configured to continuously capture images over time in order to determine process point 8 while moving (see fig.2a-2b)), “both the desired position of the process point and the region of interest of the real-time image data” (on page 5, i.e., Subsequently, the approximate position14 the path with the desired position19 compared to the railway and - as well as in 2d example shown - in position deviations the web10 to the desired position19 readjusted. Examiner noted that this deviation is calculated as on page 3. On page 3, i.e., It is also advantageous if the dynamic adaptation of the analysis area takes place as a function of path position data, in particular the proximity position, the desired position and / or the readjusted path position. Examiner noted that the program data includes the desired position 19 of the process point and the region of interest of the real-time image data 13 based on calculation and captured real-time imaged at the region of interest 13).
Regarding claim 4, Vogl discloses selecting the region of interest
comprises:
“identifying the current position within the real-time image data of the process point at the current time (T1)” (since it records the real-time image, it must be one of “before, during, or after identification of the process point” as these options are exhaustive. Fig.2a shows current position at 8. Examiner noted that since it records the real-time image, it must be one of “before, during, or after identification of the process point” as these options are exhaustive);
“identifying, based on the programmed path data, the desired position within the real-time image data of the process point at the future time (T2)” (See fig.2c-d, 19. On page 5, i.e., Subsequently, the approximate position14 the path with the desired position19 compared to the railway and - as well as in 2d example shown - in position deviations the web10 to the desired position19 readjusted. Examiner noted that since it records the real-time image, it must be one of “before, during, or after identification of the process point” as these options are exhaustive); and
“selecting a region of interest that includes both the current position of the process point at the current time (T1) and the desired position of the process point at the future time (T2)” (see fig.2c-2d, the current position 8 and desired position 19 of the process point (a point at 19)).
Regarding claim 5, Vogl discloses “the current position within the real-
time image data of the process point at the current time (T1) and the desired position within the real-time image data of the process point at the future time (T2) are identified before the current time (T1)” (See fig.2c-d, 19. On page 5, i.e., Subsequently, the approximate position14 the path with the desired position19 compared to the railway and - as well as in 2d example shown - in position deviations the web10 to the desired position19 readjusted. Current position is at 8. Examiner noted that since it records the real-time image, it must be one of “before, during, or after identification of the process point” as these options are exhaustive).
Regarding claim 6, Vogl discloses “the region of interest of the real-time
image data for the current time (T1) is predetermined” (The optical sensor is preferably a 2D or 3D camera that is configured to continuously capture images over time in order to determine process point 8 while moving (see fig.2a-2b). The path is predetermined along the weld 11. On page 4, i.e., The laser beam7 or the processor location 8th becomes dependent on movement data of the manipulator3 and the beam guidance system6 along the train10 guided.).
Regarding claim 7, Vogl discloses “the programmed path data includes
the region of interest of the real-time image data for the current time (T1)” (fig.2a-d, 8. On page 4, i.e., The laser beam7 or the processor location 8th becomes dependent on movement data of the manipulator3 and the beam guidance system6 along the train10 guided).
Regarding claim 8, Vogl discloses “the real-time image data within the
region of interest” (15) is smaller than “the real-time image data of the spatial area” (13).
Allowable Subject Matter
The allowability cannot be determined due to 35 USC 101 issues above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
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