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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7 and 18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
In regards to claims 7 and 18, the limitation “multiple bypass paths, configured to respectively bypass one of the multiple resistors to compare the index signal with multiple thresholds” lacks enablement in the specification. More specifically it is not enabled where the bypass paths defined by C1-V through C4-V in figure 8 are configured to bypass one of the multiple resistor to compare the index signal with multiple thresholds. The bypass paths are controlled through switches S1 through S4 based on the index signal being compared to multiple thresholds V1 through V4 see figure 8 and Applicant’s specification paragraphs 39-40. There is nothing in the specification that describes the bypass paths bypass one of the multiple resistors to compare the index signal with multiple thresholds.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12117318. Although the claims at issue are not identical, they are not patentably distinct from each other because the inventive concept of an index photodiode, a first and second control photodiode and locations/shapes with respect to each other with a gain control circuit, light source circuit and regulation circuit as described in the claims is taught both by the present application and US patent 12117318.
In regards to claim 1, 12117318 teaches an optical encoder (claim 1), comprising: an encoding medium, comprising an index pattern; a substrate, configured to have a relative movement with respect to the encoding medium along a first direction (claim 1, lines 1-5), and comprising: an index photodiode, configured to generate an index signal; a first control photodiode, configured to generate a first control signal; and a second control photodiode, configured to generate a second control signal, wherein the index photodiode is arranged between the first control photodiode and the second control photodiode in the first direction (claim 1, lines 6-14); a gain control circuit, configured to amplify the index signal using a gain (claim 1, lines 15-16); and a regulation control circuit, configured to turn on or turn off gain regulation of the gain control circuit according to the first control signal and the second control signal (claim 1, lines 17-19), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claims 2-7, 12117318 teaches these claims in claims 1-6.
In regards to claim 8, 12117318 teaches an optical encoder (claim 7), comprising: an encoding medium, comprising an index pattern; a substrate, configured to have a relative movement with respect to the encoding medium along a first direction, and having a longitudinal distance from the encoding medium (claim 7, lines 1-6), the substrate comprising: two index photodiodes adjacent to each other in the first direction; and a first control photodiode and a second control photodiode, wherein the first control photodiode and the second control photodiode have a same shape identical to that of the two index photodiodes, and the two index photodiodes are arranged between the first control photodiode and the second control photodiode in the first direction (claim 7, lines 7-17); and a light source, configured to illuminate the encoding medium using emission light of different intensity according to the longitudinal distance (claim 7, lines 18-20), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claim 9-12, 12117318 teaches these claims in claims 7-11.
In regards to claim 13, 12117318 teaches an optical encoder (claim 12), comprising: two index photodiodes, adjacent to each other in a first direction, and configured to respectively generate an index signal (claim 12, lines 1-4); a first control photodiode, configured to generate a first control signal; a second control photodiode, configured to generate a second control signal, wherein the first control photodiode and the second control photodiode have a same shape identical to that of the two index photodiodes, and the two index photodiodes are arranged between the first control photodiode and the second control photodiode in the first direction (claim 12, lines 5-13); a gain control circuit, configured to amplify the index signal using a gain (claim 12, lines 14-15); and a regulation control circuit, configured to turn on or turn off gain regulation of the gain control circuit according to the first control signal and the second control signal (claim 12, lines 16-18), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claim 14-20, 12117318 teaches these claims in claims 12-18.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11644345. Although the claims at issue are not identical, they are not patentably distinct from each other because the inventive concept of an index photodiode, a first and second control photodiode and locations/shapes with respect to each other with a gain control circuit, light source circuit and regulation circuit as described in the claims is taught both by the present application and US patent 11644345.
In regards to claim 1, 11644345 teaches an optical encoder (claim 1), comprising: an encoding medium, comprising an index pattern; a substrate, configured to have a relative movement with respect to the encoding medium along a first direction (claim 1, lines 1-5), and comprising: an index photodiode, configured to generate an index signal; a first control photodiode, configured to generate a first control signal; and a second control photodiode, configured to generate a second control signal, wherein the index photodiode is arranged between the first control photodiode and the second control photodiode in the first direction (claim 1, lines 6-14); a gain control circuit, configured to amplify the index signal using a gain (claim 1, lines 15-18); and a regulation control circuit, configured to turn on or turn off gain regulation of the gain control circuit according to the first control signal and the second control signal (claim 1, lines 19-21), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claim 2-7, 11644345 teaches these claims in claims 1-6.
In regards to claim 8, 1644345 teaches an optical encoder (claim 7), comprising: an encoding medium, comprising an index pattern; a substrate, configured to have a relative movement with respect to the encoding medium along a first direction, and having a longitudinal distance from the encoding medium (claim 7, lines 1-6), the substrate comprising: two index photodiodes adjacent to each other in the first direction; and a first control photodiode and a second control photodiode, wherein the first control photodiode and the second control photodiode have a same shape identical to that of the two index photodiodes, and the two index photodiodes are arranged between the first control photodiode and the second control photodiode in the first direction (claim 7, lines 7-12); and a light source, configured to illuminate the encoding medium using emission light of different intensity according to the longitudinal distance (claim 7, lines 13-15), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claim 9-12, 11644345 teaches these claims in claims 8-11.
In regards to claim 13, 11644345 teaches an optical encoder (claim 12), comprising: two index photodiodes, adjacent to each other in a first direction, and configured to respectively generate an index signal (claim 12, lines 1-4); a first control photodiode, configured to generate a first control signal; a second control photodiode, configured to generate a second control signal, wherein the first control photodiode and the second control photodiode have a same shape identical to that of the two index photodiodes, and the two index photodiodes are arranged between the first control photodiode and the second control photodiode in the first direction (claim 12, lines 5-11); a gain control circuit, configured to amplify the index signal using a gain (claim 12, lines 12-15); and a regulation control circuit, configured to turn on or turn off gain regulation of the gain control circuit according to the first control signal and the second control signal (claim 12, lines 16-18), but does not specifically teach in parallel. Without showing criticality one of ordinary skill would rearrange the different photodiodes in a way that most accurately captures light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the different photodiodes in parallel with each other in order to accurately capture light from the index pattern providing for increased light capture and more accurate determination of position of the encoding medium (MPEP, 2144.04, VI, C).
In regards to claim 14-20, 12117318 teaches these claims in claims 12-18.
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, 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thor et al. (US 20120104236 herein after Thor '236) in view of Thor et al. (US 20090272885 herein after Thor '885) and Toh et al. (US 20090272884).
Re claim 1: Thor ‘236 teaches an optical encoder (fig. 1 and 2), comprising: an encoding medium (30), comprising an index pattern (paragraph 45); a substrate (40), configured to have a relative movement with respect to the encoding medium (30) along a first direction (se fig. 1), and comprising: an index photodiode (41a/41b, plus two more, paragraph 6 and 7), configured to generate an index signal (see fig. 1 and 2) and a gain control circuit (220/222) configured to amplify the index signal using a gain (paragraph 14 and 50-57), but does not specifically teach a first control photodiode, configured to generate a first control signal; and a second control photodiode, configured to generate a second control signal, wherein the index photodiode is arranged between and in parallel with the first control photodiode and the second control photodiode in the first direction; and a regulation control circuit, configured to turn on or turn off gain regulation of the gain control circuit according to the first control signal and the second control signal. Thor '885 teaches a first control photodiode (90a), configured to generate a first control signal (paragraph 28); and a second control photodiode (90b), configured to generate a second control signal (paragraph 28), wherein an index photodiode (41, 42, 43, 44) is arranged between the first control photodiode (90a) and the second control photodiode (90b) along a first direction (see fig. 4); a gain control circuit (134/132), configured to amplify the index signal using a gain (see fig. 6); and a regulation control circuit (142/144/146/148), configured to turn on or turn off gain regulation is of the gain control circuit (134/132) according to the first control signal and the second control signal (outputs from 90a and 90b) (see fig. 4 and 6, paragraphs 26 and 27, the gain regulation of the gain control circuit 134/132 is "on" and being adjusted/regulated/changed until Vout reaches Vref, then the gain regulation of the gain control circuit 134/132 is not changing/adjusting/regulating the gain once Vout is the same as Vref, therefore "off"). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included the control photodiodes, gain control and regulation control circuitry of Thor '885 with the optical encoder of Thor '236 in order to reduce the effects of errors in the output signals of the index photodiodes providing for more accurate measurements of the encoding medium. Thor '236 as modified by Thor '885 does not specifically teach in parallel. Toh teaches an index photodiode (43a/41b) is arranged between and in parallel with a first control photodiode (90a) and a second control photodiode (90b) in a first direction (110/112) (see fig. 3 and 6, the control photodiodes 90 are parallel to the index photodiodes 43/41 and the index photodiodes 43/41 are between the control photodiodes 90, see fig. 6). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the first and second control photodiodes around the index photodiode to have the index photodiode arranged between the first and second control photodiodes similar to Toh with the photodiodes of Thor '236 as modified by Thor '885 in order to correct for amplitude variations that could occur without using complicated processing techniques or circuitry providing for a more efficient and accurate design (MPEP 2144.04, VI, C).
Re claim 5: Thor '236 as modified by Thor '885 and Toh teaches the optical encoder, wherein when signal intensity of the index signal is larger, the gain is smaller, and when the signal intensity of the index signal is smaller, the gain is larger (Thor '885, paragraph 28, the higher the photocurrent/intensity detected the smaller the gain and vice versa).
Re claim 6: Thor ‘236 as modified by Thor’885 and Toh teaches the optical encoder, wherein the index signal (Thor ‘236, paragraph 6 and 7) is configured to change the gain in a step manner (Toh, gain control circuit, 134/132, Thor ‘236, paragraphs 6, 7 and 50-57, the resistor ladder with the pin switched provides a step change in the gain).
Claim(s) 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka et al. (US 5569913) in view of Yamamoto et al. (US 20050157307) and Toh et al. (US 20090272884).
Re claim 8: Ishizuka teaches an optical encoder (fig. 5), comprising: an encoding medium (G2/G1/G3/20/4), comprising an index pattern (G2/G3/G1/20/4) (grating patterns on the encoding medium); a substrate (PD1/PD2/PD3/PD4/PDZ1/PDZ2) configured to have a relative movement with respect to the encoding medium (G2/20 moves) along a first direction (see fig. 5, col. 6, lines 1-3, col. 6, lines 33-48), and having a longitudinal distance from the encoding medium (see fig. 5, there is a longitudinal/height distance between the substrate with the detectors and the moving pattern on 20), the substrate comprising: two index photodetectors (PD1 to PD4) adjacent to each other in a first direction (see fig. 5); and a first control photodetector (PDZ1) and a second control photodetector (PDZ2), wherein the first control photodetector (PDZ1) and the second control photodetector (PDZ2) have a same shape identical to that of the two index photodetectors (PD1 to PD4) (see fig. 5, all of the photodetectors are rectangular in shape, so they have the same identical shape) and the two index photodiodes (PD1 to PD4) are adjacent and in parallel with the first control photodetector (PDZ1) and the second control photodetector (PDZ2) in the first direction (see fig. 5, PDZ2 and PDZ1 is adjacent to all index photodetectors in the first direction, adjacent means close or near, nearby), but does not specifically teach the photodetectors are photodiodes, different intensities according to the longitudinal distance and wherein the two index photodiodes are arranged between the first control photodiode and the second control photodiode. Yamamoto teaches different intensities according to the longitudinal distance (paragraphs 42, 56, 57, 222 228, 367, 465, 518, 521 and 546). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to control the light source to different intensities dependent on the distance between the encoding medium and the substrate with the photodiodes in order to ensure the proper amount of light is illuminating the pattern on the encoding providing for more accurate measurements of the displacement of the encoding medium. Ishizuka as modified by Yamamoto does not specifically teach the photodetectors are photodiodes and wherein the two index photodiodes are arranged between the first control photodiode and the second control photodiode. Toh teaches two index photodiodes (43a/41b) is arranged between and in parallel with a first control photodiode (90a) and a second control photodiode (90b) in a first direction (110/112) (see fig. 3 and 6, the control photodiodes 90 are parallel to the index photodiodes 43/41 and the index photodiodes 43/41 are between the control photodiodes 90, see fig. 6). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the first and second control photodiodes around the two index photodiodes to have the index photodiode arranged between the first and second control photodiodes similar to Toh with the photodiodes of Ishizuka as modified by Yamamoto in order to correct for amplitude variations that could occur without using complicated processing techniques or circuitry providing for a more efficient and accurate design (MPEP 2144.04, VI, C).
Re claim 10: Ishizuka as modified by Yamamoto and Toh teaches the optical encoder, wherein the first control photodiode (Ishizuka, PDZ1, Toh, 90A), the second control photodiode (Ishizuka, PDZ2, Toh, 90B) and the two index photodiodes (Ishizuka, PD1 to PD4, Toh, 41, 42, 43, 44) are opposite to a same track of the encoding medium (Ishizuka, 20, fig. 5, Toh, fig. 3, all photodiodes are opposed to the scale on the code wheel).
Re claim 11: Ishizuka as modified by Toh teaches the optical encoder, wherein the first control photodiode (Ishizuka, PDZ1, Toh, 90A), the second control photodiode (Ishizuka, PDZ2, Toh, 90B) and the two index photodiodes (Ishizuka, PD1 to PD4, Toh, 41, 42, 43, 44) are opposite to a same track of the encoding medium (Ishizuka, 20, fig. 5, Toh, fig. 3, all photodiodes are opposed to the scale on the code wheel), but does not specifically teach wherein a distance from the first control photodiode and the second control photodiode to the two index photodiodes is larger than or equal to a width of the index pattern along the first direction. Yamamoto teaches wherein a distance from a first control photosensor (photosensor 4 on one edge of light receiver 3, fig. 1A) and a second control photodiode (photosensor 4 on opposite edge of light receiver 3) to two index photodiodes (two center photosensors 4 of the light receiver 3) is larger than or equal to a width of an index pattern (2) along a first direction (see fig. 1). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have width of the index pattern smaller than the width of all the photodiodes together similar to Yamamoto with the encoder of Ishizuka as modified by Thor in order to ensure all of the light is captured through the index pattern providing more accurate measurements of the movement of the encoding medium.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka et al. (US 5569913) as modified by Yamamoto et al. (US 20050157307) and Toh et al. (US 20090272884) as applied to claim 8 above, and further in view of Bahari et al. (US 20090206244).
Re claim 9: Ishizuka as modified by Yamamoto and Toh teaches two index photodiodes (43a/41b) is arranged between and in parallel with a first control photodiode (90a) and a second control photodiode (90b) in a first direction (110/112) (see fig. 3 and 6, the control photodiodes 90 are parallel to the index photodiodes 43/41 and the index photodiodes 43/41 are between the control photodiodes 90, see fig. 6), wherein a sensing area of the first control photodiode (Toh, 90a) and the second control photodiode (Toh, 90b) is the same shape (Toh, see fig. 3 and g), but does not specifically teach the first and second control photodiode and the two index photodiodes has identical sensing areas. Bahari teaches wherein a first and a second control photodiode (one of 20a and one of 20b) have identical sensing areas to two index photodiodes (one of A and one of B) (fig. 14, same width and same height, same area). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the sensing areas of all the photodiodes be equal similar to Bahari with the photodiodes of Ishizuka as modified by Yamamoto and Toh in order to ensure that each photodiode is capable of receiving the same amount of light providing for more consistent measurements and output control of the photodiodes.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishizuka et al. (US 5569913) as modified by Yamamoto et al. (US 20050157307) and Toh et al. (US 20090272884) as applied to claim 8 above, and further in view of Thor et al. (US 20090272885).
Re claim 12: Ishizuka as modified by Yamamoto teaches a light source (Ishizuka, 1), configured to illuminate the encoding medium (Ishizuka, 20) using emission light of different intensities (Ishizuka, col. 6, lines 33-41) according to the longitudinal distance (Yamamoto, paragraphs 42, 56, 57, 222-228, 367, 465, 518, 521 and 546), but does not specifically teach a gain control circuit connected to the two index photodiodes to perform gain regulation corresponding to the different intensity; and a regulation control circuit, connected to the first control photodiode and the second control photodiode, and configured to output a regulation control signal to the gain control circuit to tum on or tum off the gain regulation of the gain control circuit. Toh teaches a gain control circuit (120), connected to the two index photodiodes (41, 42, 43, 44) and the first and second control photodiodes (90a and 90b) to perform gain regulation corresponding to the different intensity (paragraph 4 and 23). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included the gain control and regulation control circuitry of Toh with the optical encoder of Ishizuka as modified by Yamamoto in order to reduce the effects of errors in the output signals of the index photodiodes providing for more accurate measurements of the encoding medium. Ishizuka as modified by Yamamoto and Toh does not specifically teach a regulation control circuit, connected to the first control photodiode and the second control photodiode, and configured to output a regulation control signal to the gain control circuit to turn on or turn off the gain regulation of the gain control. Thor teaches a gain control circuit (134/132), connected to the two index photodiodes (41, 42, 43, 44) to perform gain regulation corresponding to the different intensity (paragraph 28, photocurrent is based on intensity of light entering the index photodiodes); and a regulation control circuit (142/144/146/148), connected to the first control photodiode (90A) and the second control photodiode (90B), and configured to output a regulation control signal to the gain control circuit (134/132) to tum on or tum off the gain regulation of the gain control circuit (see fig. 4 and 6, paragraphs 26 and 27, the gain regulation of the gain control circuit 134/132 is "on" and being adjusted/regulated/changed until Vout reaches Vref, then the gain regulation of the gain control circuit 134/132 is not adjusting/regulating the gain once Vout is the same as Vref, therefore "off"). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have included the gain control and regulation control circuitry of Thor with the optical encoder of Ishizuka as modified by Yamamoto in order to reduce the effects of errors in the output signals of the index photodiodes providing for more accurate measurements of the encoding medium.
Claim(s) 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thor et al. (US 20090272885) in view of Toh et al. (US 20090272884).
Re claim 13: Thor teaches an optical encoder, comprising: two index photodiodes (41, 42, 43, 44), adjacent to each other along a first direction (see fig. 4), and configured to respectively generate an index signal (paragraph 29); a first control photodiode (90A), configured to generate a first control signal (paragraph 29); a second control photodiode (90B), configured to generate a second control signal (paragraph 29) (see fig. 6), wherein the first control photodiode (90A) and the second control photodiode (90B) have a same shape identical to that of the two index photodiodes (41, 42, 43, 44) (see fig. 4, the shape of all the photodiodes is rectangular, so the same identical shape) and the two index photodiodes (41, 42, 43, 44) are arranged between the first control photodiode (90A) and the second control photodiode (90B) along the first direction (see fig. 4); a gain control circuit (134/132), configured to amplify the index signal using a gain (see fig. 6); and a regulation control circuit (142/144/146/148), configured to turn on or turn off gain regulation is of the gain control circuit (134/132) according to the first control signal and the second control signal (outputs from 90a and 90b) (see fig. 4 and 6, paragraphs 26 and 27, the gain regulation of the gain control circuit 134/132 is "on" and being adjusted/regulated/changed until Vout reaches Vref, then the gain regulation of the gain control circuit 134/132 is not adjusting/regulating the gain once Vout is the same as Vref, therefore "off"), but does not specifically teach in parallel. Toh teaches an index photodiode (43a/41b) is arranged between and in parallel with a first control photodiode (90a) and a second control photodiode (90b) in a first direction (110/112) (see fig. 3 and 6, the control photodiodes 90 are parallel to the index photodiodes 43/41 and the index photodiodes 43/41 are between the control photodiodes 90, see fig. 6). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to place the first and second control photodiodes around the index photodiode to have the index photodiode arranged between the first and second control photodiodes similar to Toh with the photodiodes of Thor in order to correct for amplitude variations that could occur without using complicated processing techniques or circuitry providing for a more efficient and accurate design (MPEP 2144.04, VI, C).
Re claim 16: Thor as modified by Toh teaches the optical encoder, wherein when signal intensity of the index signal is larger, the gain is smaller, and when the signal intensity of the index signal is smaller, the gain is larger (paragraph 28, the higher the photocurrent/intensity detected the smaller the gain and vice versa).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thor et al. (US 20090272885) as modified by Toh et al. (US 20090272884) as applied to claim 13 above, and further in view of Thor et al. (US 20120104236 herein after Thor '236).
Re claim 17: Thor as modified by Toh teaches the gain control circuit (Thor, 134/132), configured to amplify the index signal using a gain (Thor, see fig. 6); and the regulation control circuit (Thor, 142/144/146/148), configured to turn on or turn off gain regulation is of the gain control circuit (Thor, 134/132) according to the first control signal and the second control signal (Thor, outputs from 90a and 90b, see fig. 4 and 6, paragraphs 26 and 27, the gain regulation of the gain control circuit 134/132 is "on" and being adjusted/regulated/changed until Vout reaches Vref, then the gain regulation of the gain control circuit 134/132 is not adjusting/regulating the gain once Vout is the same as Vref, therefore "off"), but does not specifically teach wherein the index signal is configured to change the gain in a step manner. Thor ‘236 teaches the optical encoder, wherein an index signal (Thor ‘236, paragraph 6 and 7) is configured to change a gain in a step manner (Thor ‘236, paragraphs 6, 7 and 50-57, the resistor ladder with the pin switched provides a step change in the gain). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to change the gain in a step manner similar to Thor ‘236 with the gain change in Thor as modified by Toh in order to ensure more precise gain for the output signal compensating for errors providing for a higher quality output.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thor et al. (US 20090272885) as modified by Toh et al. (US 20090272884) as applied to claim 13 above, and further in view of Takagi et al. (US 5073710).
Re claim 19: Thor as modified by Toh teaches two index photodiodes (Thor, 41, 42, 43, 44), adjacent to each other along a first direction (Thor, see fig. 4), and configured to respectively generate an index signal (Thor, paragraph 29), but does not specifically teach a comparator, configured to receive two amplified index signals outputted by the gain control circuit to generate an index pulse. Takagi teaches a comparator (C1, C2, C3, C4), configured to receive two amplified index signals outputted by a gain control circuit (A1, A2, A3, A4, A5, A6) to generate an index pulse (PB, PA, PZ) (see fig. 17). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to include a comparator similar to Takagi with the encoder of Thor as modified by Toh in order to output index pulse to be used in determining position measurements of the optical encoder.
Re claim 20: Thor as modified by Toh and Takagi teaches the optical encoder, wherein the gain regulation of the gain control circuit (Thor, 134/132) is configured to fix a pulse width of the index pulse (Thor, see fig. 6, Takagi, col. 16, lines 7-49, PB, PA, square train pulses, PZ, pulse, gain regulation in Thor applied to the gain control circuits in Takagi, A1-A6, would correct the pulse widths).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER D BENNETT whose telephone number is (571)270-3419. The examiner can normally be reached 9AM-6PM EST M-F.
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, Georgia Epps can be reached at 571-272-2328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER D BENNETT/Examiner, Art Unit 2878