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 .
Response to Amendment
The Amendment filed 17 June 2026 has been entered. Claims 1-9 remain pending in the application. Applicant’s amendments to Claims 1, 6 and 7 have overcome each and every U.S.C. 112 rejection previously set forth in the Non-Final Office Action mailed on 17 March 2026. However, Applicant’s amendments to Claims 1, 6 and 7 do not overcome the U.S.C. 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 17 June 2026, with respect to the U.S.C. 103 rejection of claims 1-9, have been fully considered and are not persuasive.
Applicant Remarks
Regarding priority under 35 U.S.C. 119, Applicant notes that the documents were retrieved on December 2, 2025.
Regarding interpretation under 35 U.S.C. 112(f), Applicant disagrees that the alleged generic placeholder is not preceded by a structural modifier. Applicant has amended the claims to clearly define structure. This applies for the rejections under 35 U.S.C. 112 as well.
Regarding the 35 U.S.C. 103 rejections, Applicant remarks that Kawai only teaches concurrently executing the tasks of the measurement modes with the different spatial resolutions along the Z-axis. Kawai fails to teach detecting the displacement of the measurement object during image capturing by the first image capturing system based on the plurality of second captured images captured by the second image capturing system in synchronization with the first image capturing system. Therefore, Kawai fails to teach the claimed features of the amended claims.
Examiner Responses
Examiner thanks Applicant for this notice. The documents are acknowledged and an updated Bibliographic Data Sheet has been filed.
Examiner agrees that the amendments overcome the claim interpretation under 35 U.S.C. 112(f) and the 35 U.S.C. 112 rejections have been withdrawn.
Examiner respectfully points out that the pulsed light generator 214 is optically connected to the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d (Kawai [0111]-[0112]). The measuring apparatus 212 a, 212 b, 212 c, 212 d appear to be in synchronization with each other. Please see fig. 8 (flowchart of a sequence for executing a plurality of tasks using the three-dimensional shape measuring system) in which “number of captured images” is in a single step S1.
The concurrent order that Applicant has referred to seems to be regarding the task management process rather than the specific image capturing (From Kawai [0154]” “The four three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d each measures three-dimensional shapes, respectively, concurrently according to a task management process performed by the host controller 226. An operation sequence of the three-dimensional shape measuring system 210 for executing a plurality of tasks will be described in detail below with reference to FIG. 8”). Please note that Kawai [0175] states “Finally, captured image signals produced by executing the tasks with the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d are combined with each other. In this manner, the same measurement result (image display capability) as if a single three-dimensional shape measuring apparatus 212 were used can quickly be obtained, while at the same time greatly reducing the time required for measuring the workpiece 232”.
Further, Examiner respectfully points out that the displacement detection in Kawai occurs during image capturing because the focus of the image is being controlled in real time (Kawai [0132] states “an automatic focal position controller 312 for controlling the focus of the image by moving the objective lens 296 in the directions indicated by the arrow A, i.e., along the Z-axis, based on the focal position corrected by the focal position corrector 310”).
Examiner respectfully suggests amending the claims to further limit the displacement. For instance, in the present application paragraph [0076] (“correcting an error caused by the displacement (translation displacement and rotation displacement)” states the displacement is a translation displacement and rotation displacement.
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 of this title, 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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai et al. (US 20100321704 A1), hereinafter Kawai, in view of Kobayashi et al. (US 9599462 B2), hereinafter Kobayashi.
As to claims 1 and 9, Kawai teaches a surface shape measurement device and method configured to measure a surface shape ([0110]; fig. 5; three-dimensional shape measuring system 210) of a measurement object ([0111]; fig. 5; surface 234 of a workpiece 232 serves as an object to be measured), comprising:
a first image capturing system configured to capture an image of the measurement object ([0111]; fig. 5; The three-dimensional shape measuring apparatus 212 a with respective image capturing surface 230 a) at each prescribed imaging interval while scanning in a vertical direction relative to the measurement object ([0111]-[0112]; fig. 5; “The pulsed light generator 214 is fixedly disposed above the three-dimensional shape measuring apparatus 212 a, 212 c. The pulsed light generator 214 is optically connected to the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d”. Thus, the measuring apparatus 212 a, 212 b, 212 c, 212 d are each prescribed imaging interval while scanning. “The three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d are mounted on the arm of a robot, not shown, and can be moved vertically and horizontally by the robot arm”. Thus, at least the measuring apparatus 212 a, 212 c scan in a vertical direction relative to the surface 234 of the workpiece 232);
a second image capturing system including a monocular camera (fig. 7; [0128]-[0129]; each measuring apparatus 212 a, 212 b, 212 c, 212 d has the same internal structures, comprising objective lens 296 to capture monocular visual data, not binocular) that is separate from the first image capturing system, the monocular camera configured to capture an image of the measurement object or a support body for the measurement object ([0111]; fig. 5; The three-dimensional shape measuring apparatus 212 c with respective image capturing surface 230 c, separate from measuring apparatus 212 a, captures an image of the surface 234 of a workpiece 232) in synchronization with the first image capturing system ([0111]-[0112]; fig. 5; “The pulsed light generator 214 is optically connected to the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d”. Thus, the measuring apparatus 212 a, 212 b, 212 c, 212 d are in synchronization with each other);
a processor configured to calculate the surface shape of the measurement object based on a plurality of first captured images captured by the first image capturing system ([0126]; fig. 5; “Measurement information with respect to the three-dimensional shape measuring system 210… is supplied from the host controller 226… to a pulsed light distribution controller 270”, which “comprises a distribution ratio calculator 272 for determining distribution quantities for the pulsed light based on measurement information supplied from the host controller 226”. Thus, the surface shape of the surface of the workpiece is first imaged using the pulse light sent to measuring apparatus 212 a, 212 b, 212 c, 212 d. Next, the images are used to calculate the distribution ratio based on the surface area);
a storage ([0146]; memory) configured to store coordinate system transformation information for transforming a second coordinate system of the second image capturing system to a first coordinate system of the first image capturing system ([0178]; “The image processor 222 converts the captured image signals, which are expressed in respective image capturing coordinate systems, from the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d into captured image signals, which are expressed in a world coordinate system, thereby combining three-dimensional images represented respectively by the captured image signals in the world coordinate system”. Thus, the respective image capturing coordinate systems are transformed to combine);
the processor further configured to detect displacement of the measurement object ([0146]; “the focal position corrector 310 calculates a corrected Z-axis coordinate for the objective lens 296, i.e., a Z-axis displacement”) during image capturing by the first image capturing system based on a plurality of second captured images captured by the monocular camera (fig. 7; [0132] “The three-dimensional shape measuring apparatus 212 also includes a focal position corrector 310 for correcting focal position information, which is representative of the position of the objective lens 296, based on an established measurement mode acquired by the I/F 308, and an automatic focal position controller 312 for controlling the focus of the image by moving the objective lens 296 in the directions indicated by the arrow A, i.e., along the Z-axis, based on the focal position corrected by the focal position corrector 310”. The displacement detection occurs during image capturing because the focus of the image is being controlled. [0178]; “The image processor 222 converts the captured image signals, which are expressed in respective image capturing coordinate systems, from the three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d into captured image signals, which are expressed in a world coordinate system, thereby combining three-dimensional images represented respectively by the captured image signals in the world coordinate system”. Thus, the displacement detection is based on a plurality of captured images from measuring apparatus 212 a, 212 b, 212 c, 212 d);
and the processor further configured to correct the surface shape that was calculated based on the displacement of the measurement object that was detected and on the coordinate system transformation information (fig. 7; [0146]; “The size of the irradiated region 294 and the spaced distance, which correspond to the set measurement mode, are read from a memory… and supplied to the focal position corrector 310. Based on the size of the irradiated region 294 and the spaced distance that are supplied, the focal position corrector 310 calculates a corrected Z-axis coordinate for the objective lens 296, i.e., a Z-axis displacement. The calculated Z-axis displacement is supplied to the automatic focal position controller 312. Then, the drive mechanism, not shown, moves the objective lens 296 by the Z-axis displacement in a direction indicated by the arrow A, i.e., along the Z-axis”. [0147]; “The Z-axis displacement is determined by a combination of the magnifying optical system 286, the collimator lens 290, the objective lens 296, and the distance from the central position of the objective lens 296 to the surface 234 of the workpiece 232”. Thus, the focal position corrector 310 corrects the surface shape calculated by correcting the focal position based on the data in the memory including the Z-axis displacement measurement from the coordinate system transformation).
However, Kawai does not explicitly disclose a bundle adjustment scheme.
Kobayashi, in the same field of endeavor as the claimed invention, teaches a bundle adjustment scheme (Kobayashi col. 28 ln. 41-45; The fluctuation calculation unit 207 utilizes “a bundle adjustment method using image coordinates and projection coordinates corresponding to the three-dimensional coordinates of the reference plane markers 115”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kawai to incorporate the teachings of Kobayashi to include a bundle adjustment scheme, for the advantage of higher accuracy (Kobayashi abstract).
Further, Kobayashi teaches a surface shape measurement device configured to measure a surface shape of a measurement object (Kobayashi col. 5 ln. 3-6; “three-dimensional shape measurement apparatus 100”), comprising: a first image capturing system configured to capture an image of the measurement object at each prescribed imaging interval while scanning in a vertical direction relative to the measurement object; a second image capturing system including a monocular camera that is separate from the first image capturing system, the monocular camera configured to capture an image of the measurement object or a support body for the measurement object in synchronization with the first image capturing system (Kobayashi col. 5 ln. 43-48; “The shutter of the image capturing device 102 is controlled in synchronism with projection of pattern light from the projection device 101, and the image capturing device 102 captures an image in synchronism with the pattern projection by the projection device 101”).
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Kawai Fig. 5
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Kawai Fig. 7
As to claim 2, Kawai teaches the surface shape measurement device according to claim 1.
However, Kawai does not explicitly disclose wherein the coordinate system transformation information is a transformation matrix that transforms the second coordinate system to the first coordinate system.
Kobayashi, in the same field of endeavor as the claimed invention, teaches wherein the coordinate system transformation information is a transformation matrix that transforms the second coordinate system to the first coordinate system (Kobayashi col. 13 ln. 39-57; “Letting P′P and P′C be the projection matrices of the projection device 101 and image capturing device 102, P′P=R′p and P′C=R′c. Letting Mi=(Xi, Yi, Zi)T be a three-dimensional coordinate to be obtained, it can be calculated as Mi=Ai −1Bi, in which Ai and Bi are matrices”. Thus, coordinate system transformation information is a transformation matrix, combining two coordinate systems).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kawai to incorporate the teachings of Kobayashi to include wherein the coordinate system transformation information is a transformation matrix that transforms the second coordinate system to the first coordinate system; for the advantage of higher accuracy (Kobayashi abstract).
As to claim 3, Kawai teaches the surface shape measurement device according to claim 1.
However, Kawai does not explicitly disclose a calibrating unit configured to acquire the coordinate system transformation information from a result of image capturing on a calibration target by the first image capturing system and the second image capturing system.
Kobayashi, in the same field of endeavor as the claimed invention, teaches a calibrating unit configured to acquire the coordinate system transformation information from a result of image capturing on a calibration target by the first image capturing system and the second image capturing system (Kobayashi col. 23 ln. 35-39; “Processing of calculating calibration values is roughly divided into two. As the first stage, internal parameters, and a three-dimensional translation/rotation amount with respect to the calibration object 113 are calculated for each of the image capturing device 102 and projection device 101”. Thus, the calibration object 113 is described by Kobayashi as the calibration target with data from each of the image capturing device 102 and projection device 101. Col. 23 ln. 53-56; “The fluctuation calculation unit 207 calculates the temporal fluctuation of projected light by using the rough calibration values”. Col. 9 ln. 17-23; “The fluctuation calculation unit 207 transforms the projection coordinate upkt into u′pkt based on equation (3) using homography Hp calculated at the time of detecting the temporal fluctuation of projected light”. Thus, the calibration unit acquires the coordinate system transformation information).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kawai to incorporate the teachings of Kobayashi to include a calibrating unit configured to acquire the coordinate system transformation information from a result of image capturing on a calibration target by the first image capturing system and the second image capturing system; for the advantage of higher accuracy (Kobayashi abstract) by correcting the vibration (Kobayashi col. 23 ln. 9-16).
As to claim 4, Kawai teaches the surface shape measurement device according to claim 1.
However, Kawai does not explicitly disclose wherein the first image capturing system has higher resolution than the second image capturing system.
Kobayashi, in the same field of endeavor as the claimed invention, teaches wherein the first image capturing system has higher resolution than the second image capturing system (Kobayashi col. 14 ln. 26-36; The projection unit 201 projects a “pattern light”. The image capturing unit 203 captures “an image of the target object 106”. This processing is repeated until the necessary change is reached, “such as… resolution”. Thus, the image capturing device 102 inherently has a higher resolution than the projection device 101 in order to provide an output requiring higher resolution, i.e. the image of the target object 106).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kawai to incorporate the teachings of Kobayashi to include wherein the first image capturing system has higher resolution than the second image capturing system; for the advantage of decreased complexity for an increase in device efficiency via less complexities and ultimately higher accuracy (Kobayashi abstract).
As to claim 5, Kawai teaches the surface shape measurement device according to claim 1, wherein the first image capturing system and the second image capturing system are configured to move independently ([0111]; “The three-dimensional shape measuring apparatus 212 a, 212 b, 212 c, 212 d are mounted on the arm of a robot, not shown, and can be moved vertically and horizontally by the robot arm”. For example, fig. 5 shows measuring apparatus 212 a, 212 c moved to differing vertical heights).
As to claim 7, Kawai teaches the surface shape measurement device according to claim 1, wherein when a marker (fig. 5; no marker) is not attached to the measurement object or the support body for the measurement object, the processor tracks a feature point set for the measurement object or the support body for the measurement object to detect the displacement of the measurement object (fig. 7; [0132] “The three-dimensional shape measuring apparatus 212 also includes a focal position corrector 310 for correcting focal position information, which is representative of the position of the objective lens 296, based on an established measurement mode acquired by the I/F 308, and an automatic focal position controller 312 for controlling the focus of the image by moving the objective lens 296 in the directions indicated by the arrow A, i.e., along the Z-axis, based on the focal position corrected by the focal position corrector 310”. Thus, the feature point set for the measurement object is described by Kawai as the established measurement mode, used when detecting the Z-axis displacement).
As to claim 8, Kawai teaches the surface shape measurement device according to claim 1, wherein the first image capturing system is a microscope employing any one of a white interference scheme, a laser confocal scheme, and a focal point scheme ([0117]; “The host controller 226 has a control console, not shown, which is used by the operator of the three-dimensional shape measuring system 210 to selectively set a plurality of measurement modes, e.g., a normal mode, a short range mode, and a long range mode”. [0104]; fig. 5 and 7; The irradiated region 42 a in… the short range mode is suitable when one desires to recognize the detailed three-dimensional shape of a microscopic region”. Thus, the three-dimensional shape measuring apparatus 212 a can act as a microscope. [0146]; The focal position corrector 310 is comprised in the shape measuring apparatus 212. Thus, the microscope employs a focal point scheme).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kawai in view of Kobayashi, further in view of Iida (US 20170116738 A1).
As to claim 6, Kawai teaches the surface shape measurement device according to claim 1.
However, Kawai in view of Obayashi does not explicitly disclose wherein when a marker is attached to the measurement object or the support body for the measurement object, the processor tracks the marker to detect the displacement of the measurement object.
Iida, in the same field of endeavor as the claimed invention, teaches wherein when a marker is attached to the measurement object or the support body for the measurement object, the processor tracks the marker to detect the displacement of the measurement object (Iida abstract; “A three-dimensional shape measurement device includes a mark search unit that calculates, using a search mark, a coordinate of a part of a surface of a measurement object including an optical cutting line formed with line laser light”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kawai to incorporate the teachings of Iida to include wherein when a marker is attached to the measurement object or the support body for the measurement object, the processor tracks the marker to detect the displacement of the measurement object; for the advantage of measurement accuracy without using an encoder or the like (Iida abstract).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEMAYA NGUYEN whose telephone number is (571)272-9078. The examiner can normally be reached Mon - Fri 8:30 am - 5:00pm ET.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/ Supervisory Patent Examiner, Art Unit 2877
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