DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status
2. Claims 1-14 are currently pending for examination.
Claim Objections
3. Claim 10 is objected to because of the following informalities: “The operating devices…” should be “The operating device…”. Appropriate correction is required.
Claim Interpretation
4. 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.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
6. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “device for – corresponding to element 2 in Fig. 1” in claim 1-2, 5-11 and 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
7. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
8. Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation " said distance compensation device" in line 20. There is insufficient antecedent basis for this limitation in the claim. It should be “said device for compensating spacing”
Claim 13 recites the limitation "said third sensor" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-12 and 14 depend on claim 1. Claims 2-12 and 14 also rejected because they depend on a base claim that is rejected.
Claim Rejections - 35 USC § 102
9. 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 (i.e., changing from AIA to pre-AIA ) 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.
10. 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.
11. Claims 1-2 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung (Fung E H K Al: "An approach to on-machine motion error measurement of a linear slide", MEASUREMENT, INSTITUTE OF MEASUREMENT AND CONTROL. LONDON, GB, vol. 29, no. 1, 1 January 2001 (2001-01-01), pages 51 - 62, XP004226132; provided in the IDS”).
For claim 1, Fung discloses an operating device comprising: a control system (page 55, point 2.2: "slide is then commanded to move"), a device for compensating spacing (page 52, point 1: In both cases, the adjustment of the tool cutting position using an piezo-actuated device is necessary to compensate for the existence of the motion errors of the machine components), a first workpiece assembly (Fig. 1 "sensor profile") and a second workpiece assembly (Fig 1, "profile f(Θ)"), said control system is communicatively connected to said first workpiece assembly and/or said second workpiece assembly (page 55, point 2.2: "slide is then commanded to move with a constant velocity V in a direction as shown in Fig. 1."; it is inherent that there is a connection), said first workpiece assembly is provided with a first sensor and a second sensor facing said second workpiece assembly (Fig 1, Probe P1 and P3); said first workpiece assembly and/or said second workpiece assembly is provided with the device for compensating spacing (page 52, point 1: “In both cases, the adjustment of the tool cutting position using an piezo-actuated device is necessary to compensate for the existence of the motion errors of the machine components"), said control system is communicatively connected to said device for compensating spacing, said first sensor, and said second sensor, respectively (page 52, point 1: " In both cases, the adjustment of the tool cutting position using an piezo-actuated device is necessary to compensate for the existence of the motion errors of the machine components");
said control system is used to control said first workpiece assembly and said second workpiece assembly to move relative to each other in a first direction and drive said first sensor to a target measurement position, and measure a first distance between said first workpiece assembly and said second workpiece assembly by said first sensor (page 55, point 2.2, second steps: "The slide is then commanded to move with a constant velocity V in a direction as shown in Fig. 1. (a) [...] the output signals S, and S2 are compared to obtain S= S₁ - S₂". It is noted that probe P1 measures the distance S1 at point A in Fig 1);
said control system is used to control said first workpiece assembly and said second workpiece assembly to move relative to each other in the first direction and drive said second sensor to said target measurement position, and measure a second distance between said first workpiece assembly and said second workpiece assembly by said second sensor (page 55, point 2.2, second steps: "(b) At t=(L-I)/v with the probes P2 and P3 facing the profile at C and A respectively, the output S2 is now substituted by S3 which is the output of P3, i.e. S= S1 - S3", it is noted that now probe P3 measures the distance S3 at point A in Fig 1 (i.e. measure the same point than probe P1));
said control system is further used to generate a control signal based on a first difference of subtracting the second distance from the first distance, and send the control signal to the device for compensating spacing (page 55, point 2.2, second steps the term S= S₁ - S₃ is calculated. S is used to define Fk and Gk which are used to compute Ak and Bk which in turn are used to define the profile function f(Θ) of the second workpiece assembly. The function is then used to determine the guideway motion error (see point 3. Simulation);
said distance compensation device is used to adjust a vertical spacing between said first workpiece assembly and said second workpiece assembly in a second direction according to the control signal, and the second direction is perpendicular to or has a vertical component to the first direction (page 52, point 1: In both cases, the adjustment of the tool cutting position using an piezo-actuated device is necessary to compensate for the existence of the motion errors of the machine components; it is inherent that the guideway motion error determined with the profile function f(Θ) is used to determine the compensation).
For claim 2, Fung discloses wherein said control system is used to generate a control signal for adjusting the vertical spacing between said first workpiece assembly and said second workpiece assembly to increase said first difference when said first difference is greater than zero; said device for compensating spacing is used to generate a control signal for adjusting said vertical spacing between said first workpiece assembly and said second workpiece assembly to reduce the absolute value of said first difference when said first difference is less than zero (see pages 52-55; see the compensation of the guideway motion error).
For claim 10, Fung discloses wherein said device for compensating spacing comprises any one of the following: a piezoelectric element (see page 52, point 1: "piezo-actuated device"), a thermal expansion element and a flat capacitor.
For claim 11, is interpreted and rejected as discussed with respect to claim 1.
For claim 12, Fung discloses wherein said generating a control signal based on a first difference of subtracting said second distance from said first distance comprises: when said first difference is greater than zero, generating the control signal for adjusting the vertical spacing between said first workpiece assembly and said second workpiece assembly to increase said first difference; when said first difference is less than zero, generating the control signal for adjusting the vertical spacing between said first workpiece assembly and said second workpiece assembly to reduce the absolute value of said first difference (see pages 52-55; see the compensation of the guideway motion error).
Claim Rejections - 35 USC § 103
12. 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 (i.e., changing from AIA to pre-AIA ) 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.
13. 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.
14. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Aarts et al. (Aarts; US 2019/0357834).
For claim 3, although Fung fails to expressly disclose wherein said first workpiece assembly and said second workpiece assembly move relative to each other in the first direction at a speed less than the speed at which said device for compensating spacing adjusts the change in the vertical spacing between said first workpiece assembly and said second workpiece assembly in the second direction, Fung teaches wherein said first workpiece assembly and said second workpiece assembly move relative to each other in the first direction at a speed at which said device for compensating spacing adjusts the change in the vertical spacing between said first workpiece assembly and said second workpiece assembly in the second direction (see pages 52-55).
However, having the speed to be less than the speed at which said device for compensating spacing adjusts the change in the vertical spacing between said first workpiece assembly and said second workpiece assembly in the second direction fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fung to include said first workpiece assembly and said second workpiece assembly move relative to each other in the first direction at a speed less than the speed at which said device for compensating spacing adjusts the change in the vertical spacing between said first workpiece assembly and said second workpiece assembly in the second direction in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Fung.
Allowable Subject Matter
15. Claims 3-4, 6-9 and 13-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
16. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Emtman (US 2022/0101511; which teaches adjustment mechanism configured to change a distance and an angular orientation between the optical assembly portion and a workpiece surface; and a processor configured to control the adjustment mechanism to move the optical assembly portion to position a workpiece surface within a focal Z autofocus range; capture an image stack of the workpiece surface wherein each image of the image stack corresponds to a different autofocus height; determine an autofocus height for at least three locations of the workpiece surface; control the adjustment mechanism based on the autofocus heights to rotate the optical assembly portion relative to the workpiece surface to nominally align the optical axis of the optical assembly portion with a surface normal of the workpiece surface and adjust a distance between the optical assembly portion and the workpiece surface; and execute a defined operation on the workpiece surface).
Yuzawa (US 2009/0204272; which teaches positioning device characterized by comprising moving means for relatively moving a positioning object and length measuring means for measuring the distance to the positioning object in non-contact manner and outputting a detection signal if the positioning object is detected only in a length measuring area within a predetermined range from any detection position, shaft control means for stopping the moving means by detecting the detection signal from the length measuring means and automatically correcting for an overshoot amount between the stop position and any detection position, when the moving means relatively moves the positioning object and the length measuring means, and positioning control means for storing the coordinate value after the automatic correction by the shaft control means and performing the positioning based on the reference coordinate value).
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED BARAKAT whose telephone number is (571)270-3696. The examiner can normally be reached on 9:00am-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED BARAKAT/
Primary Examiner, Art Unit 2689
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