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 .
DETAILED ACTION
This Office Action is in response to the application 18/821,261 filed on 11/12/2025.
Claims 1 – 14 have been examined and are pending in this application. This action is made Final.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: "illumination device", "rotation device", "capturing device" in claim 1, 4, 5, 7, 8, 11.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Response to Arguments
Applicant’s arguments filed on 11/12/2025 have been fully considered but they are not persuasive.
Applicants argued page 5 - 8 of remarks that Huhn (DE 102010046461) regarding claim 1 and 12, fails to teach, “a rotation device (25) configured to rotate a container (3) having a bottom (5) and a sidewall (7) about an axis (35) of the container (3) in such a way that at least a portion of the sidewall (7) passes through the illumination region (37) along a rotational direction (36)”, Huhn fails to disclose such a rotation device for rotating the container about an axis of the container.
Applicant's interpretation has been noted; however, Examiner respectfully disagrees with Applicants. Examiner understand the point of view, concern about this limitation and seen that in pages (5 – 8), Applicant distinguished and compared with different paragraphs from Huhn and concluded that Huhn doesn’t teach this limitation and conceptually also different. Examiner noticed that when it recited “rotating ….in such a way…” the claim renders indefinite or has broader meaning, because it doesn’t specifically says in which specific way its revolving. The recitation could be “container revolves on its axis” which indicates that container revolves on the same spot. As a result, Examiner gave broadest reasonable interpretation based on different paragraphs from Huhn as applicant seen in the last office action. Applicant should note that although the claims are interpreted in light of the specification, but 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). Therefore, claims are rejected based on a broadest reasonable interpretation, unless claims features are very specifically claimed to get patentable weight. Huhn reference could be conceptually different but as a whole limitations can be read on the paragraphs as shown in the office action.
Even arguendo, that Huhn et al. doesn’t disclose “rotate a container… about an axis of the container” but based on patentably weight consideration, this limitation is not new and common in the arts. As applicant provided few IDS, Examiner requesting to have a look at these references discloses rotating container on the base or table using motor or actuator. For example, Neukirchner et al. (DE 32375110 A1), see page: The procedure is based on the example of testing cylindrical glass beakers described in more detail (Fig. 1). The cups to be tested are passed through one after the other an automatic feeder, not shown, on a table 1 or a suitable feeding device transported. The is in this position Cup 2 in the optical path of a television camera 3 (vidicon camera or semiconductor camera) with the lens 4, which applies a high-contrast test pattern 5 to the light-sensitive Layer of the television camera images. The distortions that make the optical image suffers through the walls of the cup are a measure of the quality of the cup. You are by a digital computer 6, for example a microprocessor system, which processes the video signals output from the television camera 3, quantitatively evaluated. A test is made by rotating the table 1 with the aid of a motor 7 possible on the entire circumference of the cup, also see fig. 1-2. In Fukuchi et al. (DE68923653 T2), see page:2; FIG. 1 shows an apparatus for inspecting the side wall of bottles according to a first embodiment of this invention. In the first embodiment, a bottle 12 rotates on a turntable 14. The bottle 12 is a light source 10. The light source 10 has a diffusion plate 10a and a plate with slanted slots 10b attached to the front. The diffusion plate 10a diffuses the light emitted by the light source 10, and the plate 10b with the slanted slots splits the diffused light into a pattern of slanted stripes as shown in FIG. 2. The bottle 12 is illuminated by a light with a pattern of slanted stripes that has passed through the plate 10b with the slanted slots. And, see NIEDERMEIER et al. (DE 102008018096 A1), page: 4a shows a further embodiment of a device according to the invention 1 , In this embodiment, two structural surfaces 4b . 4b ' provided, which on the container 10 be imaged. In this way, a larger peripheral area of the container 10 In fact, it is possible to detect the two areas B and B '. Furthermore, it is possible that the container 10 is rotated during its observation to observe in this way a larger peripheral area of the same. Preferably, an observation takes place with a flash method instead of the structural surfaces 4b are imaged with a flash illumination on the container and accordingly, the image acquisition by the image pickup device 6 triggered. At the in 4b As shown, the container is transported along a transport path T. Furthermore, it would also be possible to have a further image recording device 4b on the lower side with respect to the container 10 provide in order to be able to record in this way an even larger area in the circumferential direction of the container. There is more prior arts can be provided where the base or table can be rotated using motor on its axis and pass through the lighting section for scanning defects on the side wall.
Therefore, even if Huhn reference fails to disclose the above limitation, but it would be possible to combine with other references that provided above to achieve claimed limitation, hence Examiner maintaining the current rejection.
Applicant’s arguments regarding dependent claims 3, 11 and 14 on page 8 - 9 remarks, have been fully considered but they are not persuasive because of combination of references either with Huhn or the references from IDS discussed above, included the features as explained in all independent claims 1 and 12 and could achieve the targeted results.
Furthermore, Examiner discussed with applicant representative on 2/18/2026 regarding claims 3, 4 and 8 to incorporate into independent claims which may have allowable subject matters for the future consideration and suggesting to remove numbers in parenthesis.
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, 2, 4 – 6, 9 – 10, 12 – 13 are rejected under 35 U.S.C. 102(a)(1) as being by Huhn et al. (DE 102010046461 B4).
Regarding claim 1, Huhn discloses: “apparatus (1) for inspecting containers (3), comprising
an illumination device (27) configured to alternately illuminate an illumination region (37) with different illumination patterns [see para: 0001; The selected container area is illuminated with electromagnetic radiation from at least one radiation source] comprising at least a first illumination pattern (43) and a second illumination pattern (47), wherein the illumination device (27) is configured to illuminate the illumination region (37) with the first illumination pattern (43) in first time windows (41) and to illuminate it with the second illumination pattern (47) in second time windows (45) [see para: 0006; This makes it possible to make the selected container area more accessible to illumination by electromagnetic radiation. For example, if the mouth or an upper section of the container is to be inspected, the container is lifted; accordingly, if a bottom or lower area is to be inspected, the container can be lowered. The correspondingly raised or lowered container is then irradiated sequentially by at least two radiation sources, in particular opposite ones. This means that first the first radiation source and then the second or further radiation sources are used for irradiation and the reflected radiation is recorded accordingly by a recording device with a sensor unit assigned to the radiation source];
a rotation device (25) configured to rotate a container (3) having a bottom (5) and a sidewall (7) about an axis (35) of the container (3) in such a way that at least a portion of the sidewall (7) passes through the illumination region (37) along a rotational direction (36) [see para: 0010; the corresponding containers were therefore stopped and rotated around the vertical axis in order to irradiate light at different angles onto the selected container area]; and
a capturing device (29) configured to capture a photo of the illumination region (37) at least in each first time window (41) and in each second time window (45) [see para: 0044; A corresponding camera is then selected to capture the reflected light and, in particular, the corresponding image].
Regarding claim 2, Huhn discloses: “wherein the first illumination pattern (43) corresponds to an at least substantially uniform illumination of the illumination region (37) and the second illumination pattern (47) corresponds to an illumination of different sub-regions of the illumination region (37) with different light intensities [see para: 0010; In the methods or devices known from practice, the corresponding containers were therefore stopped and rotated around the vertical axis in order to irradiate light at different angles onto the selected container area].
Regarding claim 4, Huhn discloses: “wherein the first illumination pattern (43) is configured to make a first type of defects in the sidewall (7) recognizable, and wherein the second illumination pattern (47) is configured to make a second type of defects in the sidewall (7) recognizable [see para: 0061; In this context, it may also be advantageous if each partial image of a corresponding camera is generated by different individual light sources or groups of radiation sources. For example, a radiation source group can be activated for a partial image that is located to the left of the container in the direction of view of the camera. This group of radiation sources emits its light tangentially into the container wall, perpendicular to the viewing direction. This means, for example, that the left half of the corresponding container area is illuminated and cannot be used for testing. However, the defects on the right in the container area become visible in the form of reflections and this area of the image can be used for inspection or correction. used to detect errors].
Regarding claim 5, Huhn discloses: “further comprising a computing unit (49) configured to compose the photos captured during the rotation of the container (3) in the first time windows (41) into a first image (51) and to compose the photos captured during the rotation of the container (3) in the second time windows (45) into a second image (53) [see para: 0062; Analogously, illumination can then be applied from the right, in which the left half of the corresponding container area, for example, shows cracks in the form of reflections, so that the second partial image captures corresponding cracks in the left part of the container area. Both partial images can then be combined, together with further camera views from other cameras, so that defects in a corresponding container area can be quickly and easily recorded in the circumferential direction].
Regarding claim 6, Huhn discloses: “wherein the illumination device (27) comprises light sources (39) which are involved both in illuminating the illumination region (37) with the first illumination pattern (43) in the first time windows (41) and in illuminating the illumination region (37) with the second illumination pattern (47) in the second time windows (45) [see para: 0045; With a corresponding number of radiation source groups and cameras, it is possible, for example, to illuminate the container in the circumferential direction several times in a clockwise direction and then also several times in a counterclockwise direction. Corresponding cameras capture the reflected light].
Regarding claim 9, Huhn discloses: “wherein the illumination device (27) comprises an area array of light sources (39), wherein a distance of adjacent light sources (39) is not more than 10 millimeters[see para: 0028; In order to obtain sufficiently intense and easily producible radiation in the form of light, it is possible according to the invention to carry out corresponding irradiation by means of a radiation source from a plurality of individual radiation sources combined to form radiation source groups. Examiner notes that: having light sources in a specific distance is only a matter of design choice because it only requires mere selection determining a distance where cameras will be placed for better coverage or capturing better images during inspection].
Regarding claim 10, “wherein the first time windows (41) and the second time windows (45) alternate with a frequency of at least 10 kilohertzcameras will be taking images at different time interval of the bottle or jar or object for inspection.
Regarding claim 12, claim 12 is rejected under the same art and evidentiary limitations as determined for the method of claim 1.
Regarding claim 13, claim 13 is rejected under the same art and evidentiary limitations as determined for the method of claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Huhn et al. (DE 102010046461 B4) in view of Caroli et al. (US 2008/0310701 A1).
Regarding claim 3, Huhn disclose all the limitation of claim 1 and are analyzed as previously discussed with respect to that claim.
Huhn does not explicitly disclose: “wherein the illumination device (27) is configured, when illuminating the illumination region (37) with the second illumination pattern (47), to illuminate the illumination region (37) in a stripe pattern in which stripes of lower light intensity alternate with stripes of higher light intensity”.
However, Caroli, from the same or similar field of endeavor teaches: “wherein the illumination device (27) is configured, when illuminating the illumination region (37) with the second illumination pattern (47), to illuminate the illumination region (37) in a stripe pattern in which stripes of lower light intensity alternate with stripes of higher light intensity [see para: 0041; Between the illuminating device 6 and the preform 2 a grid 8 is provided that comprises a grid-shaped pattern 9, provided with a plurality of stripes 10 that are substantially parallel to one another. The grid 8 is arranged in such a way that the stripes 10 are substantially orthogonal to the longitudinal axis Z].
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify inspection method for checking transparent or translucent containers system disclosed by Huhn to add the teachings of Caroli as above, in order to provide a means for improving quality of the images or detecting accurate defective of the bottles, controller will control the light sources to preform one of the grid-shaped pattern, provided with a plurality of stripes that are parallel to one another and capture images of the defects [Caroli see para: 0041].
Regarding claim 11, Huhn disclose all the limitation of claim 1 and are analyzed as previously discussed with respect to that claim.
Huhn discloses: “wherein the capturing device (29) comprises a first capturing unit (31) and a second capturing unit (33),…wherein the first capturing unit (31) is configured to take a photo of the illumination region (37) in each first time window (41), and wherein the second capturing unit (33) is configured to take a photo of the illumination region (37) in each first time window (41) [see para: 0045; With a corresponding number of radiation source groups and cameras, it is possible, for example, to illuminate the container in the circumferential direction several times in a clockwise direction and then also several times in a counterclockwise direction. Corresponding cameras capture the reflected light]
Huhn does not explicitly disclose: “wherein the second capturing unit (33) has a polarization filter (54)”.
However, Caroli, from the same or similar field of endeavor teaches: “wherein the second capturing unit (33) has a polarization filter (54) [see para: 0006; Apparatuses are furthermore known that enable defects to be detected that do not influence the absorption of light by a transparent object, such apparatuses providing a light polarising filter arranged between a light source and the object to be illuminated and a light receiving device, generally a video camera arranged opposite the light source, to detect an image of the object].
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify inspection method for checking transparent or translucent containers system disclosed by Huhn to add the teachings of Caroli as above, in order to provide a means for improving quality of the images or detecting accurate defective of the bottles, polarization filter can be used in front of the camera lenses [Caroli see para: 0006].
Regarding claim 14, claim 14 is rejected under the same art and evidentiary limitations as determined for the method of claim 11.
Claim 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Huhn et al. (DE 102010046461 B4) in view of Asano et al. (WO 2018/159294 A1).
Regarding claim 7, Huhn disclose all the limitation of claim 1 and are analyzed as previously discussed with respect to that claim.
Huhn does not explicitly disclose: “wherein the illumination device (27) is configured to periodically change a brightness of at least one light source (39) of the illumination device (27), in particular by means of pulse width modulation”.
However, Asano, from the same or similar field of endeavor teaches: “wherein the illumination device (27) is configured to periodically change a brightness of at least one light source (39) of the illumination device (27), in particular by means of pulse width modulation [see page: 6; Different distortion occurs due to the way in which the internal stress is applied in the portion of the scratch, and as shown in the right of FIG. 3, in the image of the imaging camera 126, the portion of the scratch is clearly defined by the difference in brightness with the surroundings The state can be determined. By judging this by a known image processing system or the like, it can be detected as the strength lowered part of the bottle B].
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify inspection method for checking transparent or translucent containers system disclosed by Huhn to add the teachings of Asano as above, in order to provide a means for improving quality of the images or detecting accurate defective of the bottles, controller will control light sources irradiation in different wavelength with different timing, this can be control using pulse width modulation technique which is also know method [Asano see page: 6].
Regarding claim 8, Huhn disclose all the limitation of claim 1 and are analyzed as previously discussed with respect to that claim.
Huhn does not explicitly disclose: “wherein the illumination device (27) comprises a plurality of groups of light sources (39), wherein the illumination device (27) is configured to control the light sources (39) of all groups of light sources (39) to emit the same luminous flux when illuminating the illumination region (37) with the first illumination pattern (43), and to control the light sources (39) of certain groups of light sources (39) to emit a different luminous flux than the light sources (39) of certain other groups of light sources (39) when illuminating the illumination region (37) with the second illumination pattern (47)”.
However, Asano, from the same or similar field of endeavor teaches: “wherein the illumination device (27) comprises a plurality of groups of light sources (39), wherein the illumination device (27) is configured to control the light sources (39) of all groups of light sources (39) to emit the same luminous flux when illuminating the illumination region (37) with the first illumination pattern (43) [see page: 6; In this way, by using the same irradiation energy at different positions in the thickness direction of the glass bottle, it is possible to process materials with different scratches appearing on the inner surface. In order to change the size of scratches appearing on the inner surface, the irradiation energy and the number of irradiation pulses may be different. It is also possible to set the inner surface so that no scratches appear on the inner surface and that portions with different stress distributions exist in the glass due to thermal energy], and to control the light sources (39) of certain groups of light sources (39) to emit a different luminous flux than the light sources (39) of certain other groups of light sources (39) when illuminating the illumination region (37) with the second illumination pattern (47) [see page: 2 and 3; That is, by applying a load to the object to be inspected, the internal stress concentrates on the scratch or the impurity, and the distribution of light and dark different from the case where the load is applied to the object to be inspected having no scratch or impurity is observed by the optical system unit It is possible to detect scratches and impurities. In addition, even when there is a deposit or the like, it is possible for the optical system unit to observe a distribution of light and dark different from the object to be inspected which does not have adhered matters or the like, and it is possible to detect deposits etc].
It would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify inspection method for checking transparent or translucent containers system disclosed by Huhn to add the teachings of Asano as above, in order to provide a means for improving quality of the images or detecting accurate defective of the bottles, controller will control light sources irradiation in different wavelength with different timing [Asano see page: 2, 3, 6].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nicks et al (US5969810A).
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 Masum Billah whose telephone number is (571)270-0701. The examiner can normally be reached Mon - Friday 9 - 5 PM ET.
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/MASUM BILLAH/Primary Patent Examiner, Art Unit 2486