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 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.
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.
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 limitations are:
“calculating unit”, “storage unit”, “displacement detecting unit”, “correcting unit” and “support body” in claim 1.
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
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.
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.
Claims 1-8 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.
Regarding claim 1, claim limitations “calculating unit”, “storage unit”, “displacement detecting unit” and “correcting unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Specification para. [0008], [0052] and fig. 4 show the claim limitations, “calculating unit”, “storage unit”, “displacement detecting unit” and “correcting unit”, as elements in a block diagram and do not describe their structures. There is no way to determine the metes and bounds of this limitation, since there are no limits imposed by structure, material or acts, and can therefore be performed by any means capable of performing the function, both known and unknown. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 1-8 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As above, claim 1 is indefinite for failure to disclose adequate structure in the specification. Because there is inadequate disclosure of the claimed invention, the inventor has also not provided sufficient disclosure to show possession of the invention. Correction is required.
Claims 2-8 are rejected due to their dependencies.
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 calculating unit 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 unit ([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);
a displacement detecting unit ([0146]; the focal position corrector 310) configured to detect displacement of the measurement object ([0146]; 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 a correcting unit configured to correct the surface shape calculated by the calculating unit based on a detection result of the displacement detecting unit 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”. Thus, the focal position corrector 310 corrects the surface shape calculated by correcting the focal position based on the data in the memory).
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 displacement detecting unit 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 displacement detecting unit tracks the marker to detect the displacement of the measurement object.
Iida, in the same field of endeavor as the claimed invention, teacheswherein when a marker is attached to the measurement object or the support body for the measurement object, the displacement detecting unit 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”.) for the advantage of measurement accuracy without using an encoder or the like (Iida abstract).
Conclusion
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 11 am – 8 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4211.
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/KEMAYA NGUYEN/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877