DETAILED ACTION
This office action is in response to an application filed 10/11/2024, wherein claims 16-28 are pending and being examined. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 10/11/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
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.
Claim 27 is 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.
In regard to claim 27, line 2 states “provided on the support section”. There is no antecedent basis for “the support section”, rendering the claim indefinite.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 16-18, 20-22, 25, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsila et al. (US 2022/0349705) (hereinafter Harsila) in view of Brenner et al. (US 2005/0055839) (hereinafter Brenner).
In regard to claim 16, Harsila discloses an image measurement apparatus [¶0049; analysis of the image stack for determining the relative location/3-dimensional position] comprising:
a stage on which a workpiece is placed [¶0028-¶0029; workpiece WP in a workpiece holder 305 of a workpiece holding configuration 300… machine body 200 includes a surface plate 210 (i.e., also referenced herein as a stage 210). Fig.1];
a light projecting section which irradiates the workpiece on the stage with detection light [¶0042-¶0044; light source 292… source light forms a measurement beam directed along the optical axis OA that includes a wavelength that is focused on a surface of a workpiece WP];
an imaging section which receives the detection light and generates a workpiece image [¶0046-¶0048; vision probe controller 410 controls the vision probe 290″ (e.g., controlling the lighting configuration 296 and the camera 298, etc. for obtaining images of an image stack, etc.)];
an image measuring section which measures a dimension of the workpiece using the workpiece image generated by the imaging section [¶0049-¶0051; analysis or other analysis of the image stack for determining the relative location/3-dimensional position of each of the surface points on the workpiece surface];
a touch probe which outputs a contact signal when the touch probe comes into contact with the workpiece on the stage [¶0050-¶0053; contact probe 290′″ may in various implementations include XYZ sensor(s) 299… contact probe 290′″ may then be used to physically touch and verify certain measurements or surface points… sensor data which indicates the position of the probe tip (i.e., a probe stylus tip) that is actually touching the workpiece];
a driving section which moves at least one of the stage and the touch probe with respect to another to bring the touch probe into contact with the workpiece placed on the stage [¶0038-¶0039; slide mechanism controller 404 shown in FIG. 2 performs drive control by outputting a drive control signal D in response to a command from the command portion 403]; and
a coordinate measuring section which measures three-dimensional coordinates of a contact point at which the touch probe comes into contact with the workpiece based on the contact signal output when the touch probe is brought into contact with the workpiece by the driving section [¶0052-¶0055; position determination portion 406 may provide the X, Y and Z coordinates within the machine coordinate system for the probe head 213 or other connection point or reference point of the sensor 290′, 290″ or 290′″… overall position determination within the MCS for each of the corresponding X, Y and Z coordinates], the image measurement apparatus measuring the dimension of the workpiece based on a measurement result of at least one of the image measuring section and the coordinate measuring section [¶0046-¶0049; PCS position data of the surface points may in some implementations be converted and/or otherwise combined with the MCS position data, to thereby determine the total overall positions of the surface points … analyzer portion 416 may be utilized to perform the associated analysis (e.g., the points-from-focus (PFF) analysis or other analysis of the image stack for determining the relative location/3-dimensional position of each of the surface points on the workpiece surface. ¶0052-¶0055],
wherein the touch probe includes:
a housing [Fig.1; components contained in one or more housings];
a probe shaft which has a rod shape and is provided inside the housing [Fig.1; probe (290) inside housing];
a stylus which is detachably attached to a distal end portion of the probe shaft [¶0050; sensor 290′ or 290″ may be detached/removed from the CMM 100 (e.g., detached from the probe head 213)… attaching and detaching the different probes] and has a contact portion being brought into contact with the workpiece [¶0050; contact probe 290′″ may then be used to physically touch and verify certain measurements or surface points];
a displacement detection mechanism which detects three-dimensional displacement of the probe shaft on a proximal end side of the probe shaft in a non-contact manner [¶0039-¶0041; (e.g., sensors 228-230, etc.), which may include scales, encoders or other sensing elements that track an overall position of the sensing configuration 290 … multiple such sensors (e.g., sequentially or simultaneously, utilizing different types of such non-contact and/or contact sensors). ¶0012].
Harsila does not explicitly disclose a first elastic member which is connected to the housing and the probe shaft and forms a deflection fulcrum of the probe shaft; a second elastic member which is connected to the housing and the probe shaft at a part axially away from the first elastic member and returns the probe shaft to a home position. However Brenner discloses,
wherein the touch probe [¶0067; probe head 10] includes:
a housing [¶0067; probe head 10 comprises a housing 12];
a probe shaft which has a rod shape and is provided inside the housing [¶0067; probe head 10 comprises a housing 12, in which a feeler device 14 is located. ¶0080; feeler device 44 is substantially of tubular shape. ¶0031; feeler device has a housing, in that a measuring stylus extending to a tip is arranged in the housing];
a stylus which is attached to a distal end portion of the probe shaft and has a contact portion being brought into contact with the workpiece [¶0074; tip 16 is guided along a three-dimensionally curved surface of a workpiece to be measured. ¶0080; measuring stylus 45 whose lower tip 46 is constructed as a ball extends along a central axis 51 of the feeler device 44];
a first elastic member which is connected to the housing and the probe shaft and forms a deflection fulcrum of the probe shaft [¶0102-¶0104; leaf springs as clamps for the levers 72, 76 constitutes an elegant implementation of the elastic regions 73 and 78… shape of the rigid levers 72 and 76 remains unchanged in relation to the elastic regions 73 and 78 when these rigid levers are pivoted about the bearing 70];
a second elastic member which is connected to the housing and the probe shaft at a part axially away from the first elastic member and returns the probe shaft to a home position [¶0083; measuring stylus 45 is held in the region of the housing portion 54 at the center of two axially spaced-apart membrane springs 64 and 66 that are fixed on the housing portion 54 by their periphery. This arrangement permits a movement of the measuring stylus 45 only along the z-axis]; and
a displacement detection mechanism which detects three-dimensional displacement of the probe shaft on a proximal end side of the probe shaft in a non-contact manner [¶0087; 80 denotes a first sensor that detects the deflection of the measuring stylus 45 in the z-direction, while second sensors 82 measure the deflection of the tube 50 in the x- and y-directions].
Harsila discloses a workpiece measuring device, wherein sensors, including position sensors and image sensors, are used to determine the three-dimensional coordinates/position of a workpiece placed upon a stage. The combination of touch probe sensors and additional sensors determine a 3-dimensional profile of the workpiece surface. As Harsila does not explicitly disclose elastic members, Brenner is relied upon.
Brenner discloses a probe head for a coordinate measuring machine, wherein the head has a contact device that can be deflected in space and can physically touch a workpiece to be measured, similar to Harsila. As shown in Fig.2A through Fig.2C, a housing which houses a column-like probe includes a first elastic part and a second elastic part, wherein the elastic parts work together to provide a pivotable probe head that maintains a stable position.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus disclosed by Harsila with the elastic parts disclosed by Brenner in order to provide a probe head that can be pivoted in its installation position without losing the stable position of the scanning elements [Brenner Abstract, ¶0007-¶0011, ¶0089, ¶0108]. As disclosed by Brenner, the elastic members allow a feeler device to be simply balanced and stabilized during measurement of a workpiece.
In regard to claim 17, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the first elastic member is set to have a stronger suppressing force against displacement of the probe shaft in a radial direction than the second elastic member [Brenner Fig.2C, ¶0084-¶0086, ¶0098-¶0104].
See claim 16 for motivation to combine.
In regard to claim 18, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the second elastic member is set to have a stronger biasing force for biasing the probe shaft toward the home position than the first elastic member [Brenner Fig.2C, Fig.2D, ¶0081-¶0083, ¶0093-¶0097].
See claim 16 for motivation to combine.
In regard to claim 20,Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the displacement detection mechanism includes a first displacement detection mechanism that detects displacement in a first direction extending along an axial direction of the probe shaft, a second displacement detection mechanism that detects displacement in a second direction extending along a radial direction of the probe shaft, and a third displacement detection mechanism that detects displacement in a third direction extending along the radial direction of the probe shaft and being orthogonal to the second direction [Brenner Fig.2A, ¶0087].
See claim 16 for motivation to combine.
In regard to claim 21, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the first elastic member is a leaf spring extending along an extension line in a radial direction of the probe shaft and having an outer end portion connected to the housing [Brenner Fig.2A, Fig.2C, ¶0101-¶0102].
See claim 16 for motivation to combine.
In regard to claim 22, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the second elastic member includes three or more tension springs radially extending from the probe shaft and having outer end portions connected to the housing, and spring forces of the three or more tension springs are set to be balanced [Brenner Fig.2A, Fig.2C, Fig.2D, ¶0091, ¶0094-¶0096].
See claim 16 for motivation to combine.
In regard to claim 25, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Harsila in view of Brenner further discloses,
wherein the second elastic member is provided closer to a distal end side of the probe shaft than the first elastic member is [Brenner Fig.2A through Fig.2C], and the displacement detection mechanism is provided closer to the proximal end side of the probe shaft than the first elastic member is [Brenner Fig.2A through Fig.2C].
See claim 16 for motivation to combine.
In regard to claim 28, this claim is drawn to a touch probe corresponding to the image measurement apparatus of claim 16, wherein every limitation in this claim has been addressed by the rejection of claim 16.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsila (US 2022/0349705) in view of Brenner (US 2005/0055839) in view of Ihlenfeldt et al. (US 2016/0153767) (hereinafter Ihlenfeldt).
In regard to claim 19, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Neither Harsila nor Brenner explicitly disclose, wherein the displacement detection mechanism is a magnetic sensor. However Ihlenfeldt discloses,
wherein the displacement detection mechanism is a magnetic sensor [¶0056; U may also include 3-axis magnetic sensors].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus disclosed by Harsila in view of Brenner with the magnetic sensor disclosed by Ihlenfeldt in order to measure displacement in three axes using a single sensor [Ihlenfeldt ¶0056].
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsila (US 2022/0349705) in view of Brenner (US 2005/0055839) in view of Trull et al. (US 2005/0172505) (hereinafter Trull).
In regard to claim 23, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Neither Harsila nor Brenner explicitly disclose, wherein damping grease that generates a damping force is applied to the second elastic member. However Trull discloses,
wherein damping grease that generates a damping force is applied to the second elastic member [¶0049; grease in between the two surfaces has a damping effect and ensures that the movement of the pivot arm 24 is smooth. ¶0053-¶0054].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus disclosed by Harsila in view of Brenner with the damping grease disclosed by Trull in order to ensures that the movement of the probe is smooth [Trull Abstract, ¶0014, ¶0049].
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsila (US 2022/0349705) in view of Brenner (US 2005/0055839) in view of Koga et al. (US 2020/0166336) (hereinafter Koga).
In regard to claim 24, Harsila in view of Brenner discloses the image measurement apparatus according to claim 16. Neither Harsila nor Brenner explicitly disclose, wherein an attachment and detachment mechanism using a magnet is provided between the stylus and the probe shaft. However Koga discloses,
wherein an attachment and detachment mechanism using a magnet is provided between the stylus and the probe shaft [¶0056; permanent magnet 330 and the magnetic member 342 are attracted to each other with a predetermined magnetic force… probe main body 302 and the stylus module 304 are repeatedly detached from, and attached to, each other].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus disclosed by Harsila in view of Brenner with the magnet disclosed by Koga in order to provide easy and stable attachment and removal of a stylus to a probe with proper coupling [Koga ¶0052-¶0056].
Claim(s) 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harsila (US 2022/0349705) in view of Brenner (US 2005/0055839) in view of Cobb et al. (US 2017/0363402) (hereinafter Cobb).
In regard to claim 26, Harsila in view of Brenner discloses the imaging measurement apparatus according to claim 16. Neither Harsila nor Brenner explicitly disclose, further comprising: a changer mechanism that holds different styluses and automatically exchange a desired stylus at a predetermined timing. However Cobb discloses,
further comprising: a changer mechanism that holds different styluses and automatically exchange a desired stylus at a predetermined timing [¶0040; probe 140 may be changed, removed from and/or coupled to the movable arm 104 of the CMM 100, either manually by an operator, or automatically (robotically; not manually) by the CMM 100. ¶0056-¶0058; CMM 100 may obtain or retain a probe 140, but select or replace a stylus 141… stylus 141 may be selected from the stylus rack 150 and mounted to the probe 140].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus disclosed by Harsila in view of Brenner with the automatic exchanging of stylus as disclosed by Cobb in order to simplify the process of exchanging and selecting stylus tips depending on current need [Cobb ¶0040, ¶0056-¶0059]
In regard to claim 27, Harsila in view of Brenner in view of Cobb discloses the imaging measurement apparatus according to claim 26. Harsila in view of Brenner in view of Cobb further discloses,
wherein the changer mechanism is provided on the support section [Cobb ¶0056-¶0059].
See claim 26 for motivation to combine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA A VOLENTINE whose telephone number is (571)270-7261. The examiner can normally be reached Monday-Friday 9am - 5pm.
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/REBECCA A VOLENTINE/Primary Examiner, Art Unit 2483 March 27, 2026
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